MotorMile Finance

[Deeplay]

Hi I keep getting tons of calls / texts and emails from MotorMile finance with regards to an outstanding payday loan. This is the fallout from my impending divorce with many creditors now chasing hard. All will be paid in the long run but at the moment I can only do priority debts such as CTax / Utils and my phone lines as I need that for work. Wonder what any make of the below for this payday loan is this just scare tactics or more ? Copy of the latest email from them. BTW they call 3 or 4 times per day landline and mobile I suspect my ex passed on my details. I know I have not given out my numbers. Its stressing me

I dont deny the debt but simply can not pay right now. Thanks Dee.
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Notice of Visit Without Appointment

Our Ref: Mxxxxxxxxxx
Debt Details: Quick Quid Payday Loans
Debt Value: £500.00

You have failed to provide an agreed appointment date for a home visit.

As such, your account has been placed on our Home Visit Schedule and an agent will visit your home until they meet you. The agent will also make a report on your living standards and any assets that may be available for seizure, should legal action prove necessary and bailiffs instructed.

If you want to resolve this matter without further action, then please contact our office immediately to discuss your account. We would remind you that we are prepared to discuss instalment arrangements or, alternatively, a lump sum settlement discount.

This email should be taken as formal notice that we have attempted to agree a mutually acceptable appointment and hav e been unable to do so through your lack of contact. This fact will be later relied upon in court on the question of legal costs, should legal action prove necessary.

Yours faithfully,
MotorMile Finance UK Ltd.

[FlamingParrot]

Re: MotorMile Finanace

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Notice of Visit Without Appointment

Our Ref: Mxxxxxxxxxx
Debt Details: Quick Quid Payday Loans
Debt Value: £500.00

You have failed to provide an agreed appointment date for a home visit.

As such, your account has been placed on our Home Visit Schedule and an agent will visit your home until they meet you. The agent will also make a report on your living standards and any assets that may be available for seizure, should legal action prove necessary and bailiffs instructed.

This is totally misleading! In fact, this tread does not belong in the bailiffs section at all, simply because they CAN'T INSTRUCT THEM. In order to send bailiffs to your home, the creditor would need to obtain judgment in their favour (a CCJ against you) after taking you to court, then, if you fail to make a repayment offer, GO BACK TO THE COURT to apply for a Warrant of Execution before they can send bailiffs.
If it was me, I would be reporting Motormile Finance to the OFT because making statements such as those above is against their debt collection guidance, they should not be discussing your living standards or any assets available for seizure when they haven't even issued court papers!

I would also be sending them a letter deying them the right to visit you in the first place:

Dear Sirs

Account No: xyz

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me over the past few weeks and these have been duly logged by time and date. Should it be your intention to arrange a doorstep visit, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully,

[bluebottle]

Re: MotorMile Finanace

In order to report an OFT licence-holder to the OFT for breaches of OFT Debt Collection Guidelines, send an email to enquiries@oft.gov.uk and put "Credit Fitness" in the subject box. Head up the email with the name of the licence holder and their OFT licence number, which can be obtained from the OFT Credit Licence Register at www.oft.gov.uk. Explain briefly what has happened. If you can list the calls you have received, in chronological order, on a separate document and attach to the email, that will help OFT Credit Fitness Team. Providing a list of infringements of the Debt Collection Guidelines also helps.If you can, scan the letter you have received and attach to the email, that would be good, too.

I am attaching a copy of the OFT Debt Collection Guidelines to this post, together with an OFT Consumer Guide to the new regulation regarding Suspension of OFT Credit Licences.

[Deeplay]

Re: MotorMile Finanace

ok thanks for the replys and information! I shall be taking action on this.

One other question you said "Warrant of Execution" ... after a ccj is obtained. What powers does a warrant of execution give a balif ? I was under the impression that no matter what they cant get entry to your home unless we allow them. (I do know for certain debts such as HMRC courts can give them these powers) but for this kind of debt ?

thanks Again )

[bluebottle]

Re: MotorMile Finanace

The sort of debt you are referring to would not justify any bailiff forcing entry. If they cannot gain entry, they will normally refer back to the creditor. However, do not forget that debts of £600 or more can be passed up to the High Court for enforcement. However, HCEOs have limited powers where residential property is concerned.

[CleverClogs]

Re: MotorMile Finanace

Wonder what any make of the below for this payday loan is this just scare tactics or more ?

It hardly matters, as there is bugger all any "agent" can lawfully do.

BTW they call 3 or 4 times per day landline and mobile I suspect my ex passed on my details. I know I have not given out my numbers. It's stressing me

That is the intended effect, despite harassment of debtors being illegal.

Keep a diary of all their calls to you, noting the number called, the date, the time and any threats made. Refuse to answer any of their security questions and insist that all communication must be in writing.

As such, your account has been placed on our Home Visit Schedule and an agent will visit your home until they meet you. The agent will also make a report on your living standards and any assets that may be available for seizure, should legal action prove necessary and bailiffs instructed.

That is simply disgraceful, as it blatantly disregards all the "guidance" on debt collection published by the Office of Faffing and Twaddling.

See http://www.oft.gov.uk/shared_oft/con...lection_g1.pdf

This email should be taken as formal notice that we have attempted to agree a mutually acceptable appointment and have been unable to do so through your lack of contact. This fact will be later relied upon in court on the question of legal costs, should legal action prove necessary.

Has anyone known MotorMouth Finance to take an alleged debtor to court?

[labman]

Re: MotorMile Finanace

Disgusting and misleading. It is not a visit from a bailiff, so don't worry about that. IF they turn up, which is highly unlikely having done all the above, call the police (who will say it's a civil matter, but might frustrate the pillock, and then say something to him - the second word is off!

[bizzybob]

Re: MotorMile Finanace

The sort of debt you are referring to would not justify any bailiff forcing entry. If they cannot gain entry, they will normally refer back to the creditor. However, do not forget that debts of £600 or more can be passed up to the High Court for enforcement. However, HCEOs have limited powers where residential property is concerned.

Don't think they can if debt is for an agreement under the Consumer Credit Act. Either way that letter is dynamite for Deeplay to report them to OFT.

[labman]

Re: MotorMile Finanace

Spot on Bizzybob - I keep slipping up and forgetting that as well! lol :tinysmile_grin_t:

[PlanB]

Re: MotorMile Finanace

One other question you said "Warrant of Execution" ... after a ccj is obtained. What powers does a warrant of execution give a balif ? I was under the impression that no matter what they cant get entry to your home unless we allow them. (I do know for certain debts such as HMRC courts can give them these powers) but for this kind of debt ?

Don't be worrying about bailiffs right now. The creditor has no power to appoint a bailiff only a court can do that and the creditor hasn't even issued county court proceedings yet let alone got a judgment. This is bullying pure and simple.

* Could Admin move this thread to the Debt section where the OP can get help to resolve his Pay Day Loan issue. At the moment the focus is on the wrong problem

[PlanB]

Re: MotorMile Finanace

Hi I keep getting tons of calls / texts and emails from MotorMile finance with regards to an outstanding payday loan. This is the fallout from my impending divorce with many creditors now chasing hard. All will be paid in the long run but at the moment I can only do priority debts such as CTax / Utils and my phone lines as I need that for work. Wonder what any make of the below for this payday loan is this just scare tactics or more ? Copy of the latest email from them. BTW they call 3 or 4 times per day landline and mobile I suspect my ex passed on my details. I know I have not given out my numbers. Its stressing me

Deeplay send this excellent anti-harassment letter to MotorMile Finance. It was composed by Celestine and PT who work for a law firm specializing in fighting creditors who treat debtors unfairly. Send it Royal Mail recorded delivery. That should do the trick

http://www.legalbeagles.info/forums/...772#post369772

[PlanB]

Re: MotorMile Finanace

This is the fallout from my impending divorce with many creditors now chasing hard. All will be paid in the long run but at the moment I can only do priority debts such as CTax / Utils and my phone lines as I need that for work. Its stressing me

Divorce creates debt and it's high time creditors accepted that they need to give time and space to debtors forced into this unplanned situation :rant: Having said that creditors aren't psychic so if you don't tell them what's going on they may think you've borrowed the money to squander on handbags and shoes and have no intention of paying it back. They'll chase you hard until you give them a reason not to.

You say you've got others creditors pursuing you, but are all these debts in your sole name or are some of them joint debts? If you want to start a new thread on these we'll take a look at defusing the situation before it gets too stressful for you if court proceedings start Divorce is emotionally draining enough without all the money stuff on top. I'll keep an eye out for you :hug:

[FlamingParrot]

Re: MotorMile Finanace

Don't be worrying about bailiffs right now. The creditor has no power to appoint a bailiff only a court can do that and the creditor hasn't even issued county court proceedings yet let alone got a judgment. This is bullying pure and simple.

* Could Admin move this thread to the Debt section where the OP can get help to resolve his Pay Day Loan issue. At the moment the focus is on the wrong problem

I've requested this via PM.

[labman]

Re: MotorMile Finanace

Thread moved to correct place.

[Deeplay]

Re: MotorMile Finanace

Hi thanks for the really helpful replys not ignoring anyone just been sick past few days ;0)

I am going to write the letter and take some of the advise given here. PlanB thanks for the heads up on the help/advise. In truth my situ is dire debt wise i dont really know where to start and we are not even starting divorce yet just zero contact. im swimming in debt and cant make sense of it. dont even know where to begin. spoke to some people before as im so down and low about this wont go into that here. everything is a mess so all i do is pay those bills like cTax which could really hurt me. then i bury my head. thanks again one and all for taking the time here when i know they are so many others who need help.