Tweet
Hi,
Approximately 2 years ago I fell in to some money problems and turned to a payday loan company, Vivus. I took out a loan of £300. For the next 2 months I paid back a total of ~£450 largely in ‘deferral’ payments because I could not pay back the full amount in one go. I then admitted I was having severe problems and they froze the interest and agreed to take payments of £5 per month. At this point there was approximately £200 ‘outstanding’
This continued for about a year when I received a letter from “Motormile finance” telling me the debt was now owed to them. I checked Vivus’ website and it had been replaced with a message effectively saying they had sold all their debts off (but not mentioning MMF exactly iirc). However, MMF did not seem to have a full statement of the account and claimed I owed a fair bit more than I did (effectively, they had ignored most of the £5 payments that had been sent to Vivus’ account). They asked me to prove that I had paid this money to Vivus; I began completing an SAR request with my bank for my bank account history but before doing that sent a CCA request to Motormile Finance.
I did not hear anything back from them and so, given the fact that Vivus appeared to now be defunct, I cancelled my standing order to them. I haven’t paid anything on this debt for approximately the last year. I have just received a message from MMF asking me to contact them again and provide my DOB/Address/etc.
Im unsure what my course of action should be. The questions I am currently thinking of:
1) Unfortunately I did not send the CCA letter recorded delivery, although I did tell them on the phone I was doing it so there should be a record on their end (their customer advisor told me he would freeze the account for 1 month to allow for the CCA request to be dealt with). At the time I was told that recorded delivery letters can be ‘ignored’ so best to do it normal post and get proof of posting – which has been lost. Since I can’t prove I initially did a CCA request, should I just submit another one now?
2) Is it my duty to prove the outstanding amount is less than they say it is? All monies went to the account Vivus gave me, but they don’t seem to have passed this info on to MMF. In order to prove this I need to pay my bank the SAR fee of £10, can I pass this charge on to them?
3) If I go down the CCA route, can they still default me anyway? I’m not sure its worth fighting for considering there is probably only ~£120 outstanding now.
Approximately 2 years ago I fell in to some money problems and turned to a payday loan company, Vivus. I took out a loan of £300. For the next 2 months I paid back a total of ~£450 largely in ‘deferral’ payments because I could not pay back the full amount in one go. I then admitted I was having severe problems and they froze the interest and agreed to take payments of £5 per month. At this point there was approximately £200 ‘outstanding’
This continued for about a year when I received a letter from “Motormile finance” telling me the debt was now owed to them. I checked Vivus’ website and it had been replaced with a message effectively saying they had sold all their debts off (but not mentioning MMF exactly iirc). However, MMF did not seem to have a full statement of the account and claimed I owed a fair bit more than I did (effectively, they had ignored most of the £5 payments that had been sent to Vivus’ account). They asked me to prove that I had paid this money to Vivus; I began completing an SAR request with my bank for my bank account history but before doing that sent a CCA request to Motormile Finance.
I did not hear anything back from them and so, given the fact that Vivus appeared to now be defunct, I cancelled my standing order to them. I haven’t paid anything on this debt for approximately the last year. I have just received a message from MMF asking me to contact them again and provide my DOB/Address/etc.
Im unsure what my course of action should be. The questions I am currently thinking of:
1) Unfortunately I did not send the CCA letter recorded delivery, although I did tell them on the phone I was doing it so there should be a record on their end (their customer advisor told me he would freeze the account for 1 month to allow for the CCA request to be dealt with). At the time I was told that recorded delivery letters can be ‘ignored’ so best to do it normal post and get proof of posting – which has been lost. Since I can’t prove I initially did a CCA request, should I just submit another one now?
2) Is it my duty to prove the outstanding amount is less than they say it is? All monies went to the account Vivus gave me, but they don’t seem to have passed this info on to MMF. In order to prove this I need to pay my bank the SAR fee of £10, can I pass this charge on to them?
3) If I go down the CCA route, can they still default me anyway? I’m not sure its worth fighting for considering there is probably only ~£120 outstanding now.
Comment