Motor Mile Finance Again

[silvagod]

Re: Motor Mile Finance Again

So.....after a flurry of activity...nothing.

Anyone care to suggest my next step?

You've all been a great help so far, but I am at a dead end now.

I still don't believe the 'Notification of Balance' with it not being on headed paper, I don't want my fiancee to admit anything to MMF but I would like assistance towards a solution.

Miliitant....did you manage to see the 'large' pics?

[Hurricane Puffrose]

Re: Motor Mile Finance Again

I would suggest an email with the following.

Dear Sir
With regards to the ALLEGED debt *insert account number*.
I do not acknowledge said debt in any way, please provide me with evidence of this debt, acceptable proof will be the hard copy of my credit agreement, with my original signature, or an official notification balance from the alleged original creditor.

PLEASE NOTE: This is not an acknowledgement of any debt, and the onus is on yourself to prove without doubt this debt is mine, the forms of "evidence" provided by yourself are not acceptable.

This is not a SAR request, therefore there will not be a £10 fee for this service.

A copy of this letter will be forwarded to the OFT under the heading CREDIT FITNESS, along with copies of your correspondence.

yours

Mrs Silvagod (to be)

DO NOT SIGN IT!!!!!!!!!!

Have her print her name or use a signature font.

[silvagod]

Re: Motor Mile Finance Again

Thanks Puff.

I'll get her to do this on Monday.

Does it have to be email or would a letter suffice?

At present they don't have her email address and I'd prefer to keep it that way.

[Hurricane Puffrose]

Re: Motor Mile Finance Again

Letter is fine.

just DONT SIGN IT!!!

I can't stress that enough, print the name or use a handwriting font

That way they can't lift her signature.

[Celestine]

Re: Motor Mile Finance Again

With respect, Silvagods partner has already requested and received this information.From what I can see of the Agreement, it looks enforceable in itself.

What is peculiar, is where has this debt been for the last 5 years? Where is the proof the vehicle sold for £850? Given the car was repossessed almost straightaway it seems absurd for it to have lost £3950 in value in less than 4 months. This state of affairs could be construed as an Unfair Relationship s.140 CCA. One would have expected the vehicle to sell for a far higher amount which would have significantly reduced the debt.

[silvagod]

Re: Motor Mile Finance Again

What is peculiar, is where has this debt been for the last 5 years? Where is the proof the vehicle sold for £850? Given the car was repossessed almost straightaway it seems absurd for it to have lost £3950 in value in less than 4 months. This state of affairs could be construed as an Unfair Relationship s.140 CCA. One would have expected the vehicle to sell for a far higher amount which would have significantly reduced the debt.

This was/is my concern. There has been no contact from BCT relating to the debt and then it suddenly resurfaces with an non headed letter stating what looks to me like either fabricated figures or at the very least, as you say Celestine, ones that show a massive drop in price for the vehicle.

I would have expected BCT to put the vehicle straight into auction on repo and if that was the case, the lowest figure I would reasonably expect it to be sold for would have been around the £2k mark, and that's on a VERY bad day.

£850? Someone's not playing ball

As I stated originally, there is some debt there, and she acknowledges that to a point, but not and never with the figures quoted.

So, where to from here? Should I stick out with Puff's letter asking for 'original' agreement docs (the copies received are sufficient for her to recognise) or should I just query the 'Notification of Balance' letter and disposal price for the car?

[Celestine]

Re: Motor Mile Finance Again

I would definitely focus on the Notification of Balance letter and details of the disposal price for the vehicle.

Presumably they will allege the car was 'abused' during its very brief ownership of the vehicle to explain its huge drop in value. But the whole thing smells very suspect indeed.

[miliitant]

Re: Motor Mile Finance Again

may i ask when any sort of payment was made to either bct or a debt collection agency

[silvagod]

Re: Motor Mile Finance Again

may i ask when any sort of payment was made to either bct or a debt collection agency

The only payments made were the 1st 3 monthly payments to BCT. 3 were then missed and the vehicle repo'd. No further payments were made and no documentation was received until MMF came onto the scene. She has lived at the same address all this time as well, so it's not as if they couldn't trace / contact her.

[silvagod]

Re: Motor Mile Finance Again

I am considering getting her to issue a letter as follows:

Thank you for your letter dated xxxxxx
Please note that despite the contents of your letter, I have never received a copy of the Notification of Balance Outstanding.
Further details regarding this are required before I can re-appraise my position regarding this alleged debt.
Please provide me with this on British Credit Trust headed paper. A document on plain paper does not provide any proof that the document was issued by the original lender.
I also require further details of the disposal of the vehicle, I have not received any proof that the vehicle was disposed of for the amount stated.
Please provide the above information otherwise I will not be in a position to discuss the matter further.


Any thoughts?

[Celestine]

Re: Motor Mile Finance Again

I would add a comment about the exceedingly low sale price and that failing to prove this scenario transparently could lead to a claim under Unfair Relationship s.140 CCA.

[miliitant]

Re: Motor Mile Finance Again

give me an hour

the last thing you need to do is acknowedge this debt in any way

[miliitant]

Re: Motor Mile Finance Again

celistine

before i start hitting the keys

dont you think a prove it letter would be the first option to begin with

[miliitant]

Re: Motor Mile Finance Again

• Name/Address:
  
  Date:
• your ref:
  
  Dear Sir/Madam
  
  You have contacted me regarding the account with the above reference number, which you claim is owed by myself
  
  I would point out that Ihave no knowledge of any such debt being owed to Motormile Finance UK Ltd
  
  I am familiar with the CPUTR 2008 and the Office of Fair Reading’s Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.
  
  I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. And in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.
  
  Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.
  
  I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.
  
  I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.
  
  I look forward to your reply.
  
  Yours faithfully

[silvagod]

Re: Motor Mile Finance Again

• Name/Address:
  
  Date:
• your ref:
  
  Dear Sir/Madam
  
  You have contacted me regarding the account with the above reference number, which you claim is owed by myself
  
  I would point out that Ihave no knowledge of any such debt being owed to Motormile Finance UK Ltd
  
  I am familiar with the CPUTR 2008 and the Office of Fair Reading’s Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.
  
  I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. And in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.
  
  Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.
  
  I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.
  
  I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.
  
  I look forward to your reply.
  
  Yours faithfully

Do I get her to send that as is Miliitant or add anything regarding the disposal of the vehicle?

They believe that they have provided proof with the Letter of Assignment.

Thanks for your continued help in this