DOORSTEP VISIT THREAT - MacKenzie Hall threat letter

[Celestine]

Re: Doorstep Agents Visit From Motormile

Well found Charity, I was just hunting for that letter!!!


"Dear Sirs,

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.

Furthermore, 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.
I have also attached a NOTICE OF REMOVAL OF IMPLIED RIGHT OF ACCESS to this letter for you to read at your leisure, also! a copy of this notice is now displayed on my property.


Yours faithfully,




(name in print)

[Noushki]

Re: Doorstep Agents Visit From Motormile

Thank you. Although it is a similar story, but debt is not 8 years old. I have taken it 2 years ago and I have paid off some of it. When I struggled financially I have offered them to pay £60 monthly, but they refused. In addition they were extremely rude to me, so I stopped answering calls or responding to their letters.

Shall I use some of the examples of letters and post one to them,so they can bugger off?

[Noushki]

Re: Doorstep Agents Visit From Motormile

Hi Celestine and Peterbard!
Thank you for your response.

I have received an email from apparently Quick Quid with a notice of assignment informing me the debt was assigned from McKenzie Hall to Motormile Finance and this company is now a legal owner of the debt.

I will send a letter regarding the doorstep visit. Thank you for the template.

What really ****es me off is that they do not acknowledge that I have repaid part of the debt and they still illegally claiming the full amount. Also, they never agreed to repayments and if they were bloody smart and took my offer by now it would probably be fully repaid. Idiots! Now I do not intend to make it easy for them.

Noushki

[Guest]

Re: Doorstep Agents Visit From Motormile

Hi
They can only seek repayment of monies due under the orriginal agreement, unless you made arrangments to enter into subsequent borrowing.

Have they itemised your alleged debt on any of their correspondence.

Peter

[Noushki]

Re: Doorstep Agents Visit From Motormile

Celestine
Where do I find NOTICE OF REMOVAL OF IMPLIED RIGHT OF ACCESS, so I can atatch it to the letter as mentioned above?

Thank you. Nx

[Noushki]

Re: Doorstep Agents Visit From Motormile

What do you mean - itemised? They only mentioned the total amount given to them by McKenzie Hall. That's all.

I have just noticed somethign VERY INTERESTING - the notice of assignment was sent from the folowing email: qq@mmile.com, so it wasn't actually sent by Quick Quid company but Motormile Finance that created an email that sounds like Quick Quid. Therefore, can i request a proof that they own the debt like an agreement between Quick Quid and them?

[labman]

Re: Doorstep Agents Visit From Motormile

Noushki,

A notice of assignment should, by rights, come from the assignee now (EU consumer Credit Directives), so bizarrely they're one of the few to get it right.

There may be a Deed of Assignment, but it's not worth trying to get your hands on that unless you're willing to pursue it to court to get it under CPR31.

If it's unclear to you and you want proof, a simple Prove It letter is as effective as anything. Also, if you want to just be downright difficult and obstinate, the following is a good starter (plenty more to come if you want to be really difficult!):

Dear Sir/Madam

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I would point out that I have no knowledge of any such debt being owed to Motormile Finance.

I am familiar with the Office of Fair Trading Debt Collection Guidance 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. 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 the trading standards department and consider informing the OFT of your actions.

I look forward to your reply.

Yours faithfully,

[Noushki]

Re: Doorstep Agents Visit From Motormile

Bloody good! Thank you Labman!

[teaboy2]

Re: Doorstep Agents Visit From Motormile

Hi Celestine and Peterbard!
Thank you for your response.

I have received an email from apparently Quick Quid with a notice of assignment informing me the debt was assigned from McKenzie Hall to Motormile Finance and this company is now a legal owner of the debt.

I will send a letter regarding the doorstep visit. Thank you for the template.

What really ****es me off is that they do not acknowledge that I have repaid part of the debt and they still illegally claiming the full amount. Also, they never agreed to repayments and if they were bloody smart and took my offer by now it would probably be fully repaid. Idiots! Now I do not intend to make it easy for them.

Noushki

I doubt the email was from quick quid it was probably from QQ@mmile.com or similar. Put it this way Quick Quid will not know about the assignment from Mackenzie hall to Motormile as it does not involve Quick Quid and has not involved Quick Quid since they sold to Mackenzie hall.

Anyway, put an emailed complaint letter in to Banaby Page as hes the MD of Motormile, and when i had issues with him he didn't have a clue about consumer law let alone need for default notice (valid ones) prior to court action or that creating a new agreement is unlawful, which is what QQ do if you fail to repay within the original time limit on the original agreement and thats on top of the unlawful failed payment charges that resulted in their unlawful and abusive constant (i.e daily upto 2-3 times) attempts to collect payment form a debit card.

Heres his email address - barnaby@mmile.com and remind him of his email communications with teaboy2 earlier this year and that i am aware of his companies attempts to collect from you whilst ignoring OFT guidelines and your dispute, and remind him what i told him about the law and the OFT.

That should get his attention lol.

[labman]

Re: Doorstep Agents Visit From Motormile

While you're at it, you could ask him for a copy of his companies Data Processing Policy and Privacy Policy, also the name of the Data Controller who is registered with the Information Commissioner's Office as if he fails to provide sufficient proof of his entitlement to collect this debt you may well want to report them to the ICO as the Data Controller is personally liable for any data processed by the company as a whole, and legal action can be taken against them personally, not the company.

In fact, a well worded letter to the aforementioned person, containing a lot (but not all) of the information that could be thrown at him, could well have him nipping down to his local supermarket for some Pampers with great speed!

[Guest]

Re: Doorstep Agents Visit From Motormile

What do you mean - itemised? They only mentioned the total amount given to them by McKenzie Hall. That's all.

I have just noticed somethign VERY INTERESTING - the notice of assignment was sent from the folowing email: qq@mmile.com, so it wasn't actually sent by Quick Quid company but Motormile Finance that created an email that sounds like Quick Quid. Therefore, can i request a proof that they own the debt like an agreement between Quick Quid and them?

Hi
You mention in post one that you took out a loan, if you have made payments presumably they have your bank details , so they will have sufficiant proof to show the existance of the loan
I think it unlikely that they will take you to court, but it as well to find out exactly what you owe if anything. Just in case.

You need an itemised detailed breakdown of how much is due to the loan ballance how much is charges, post default interest etc.

Peter

Peter

[Sparkie1723]

Re: Doorstep Agents Visit From Motormile

FRom my "QUICK" investigations:beagle:

QUICKQUID are trading style of a Yankee Company called Casheuro net UK LLC who have a CCA licence...........BUT it does not have the required category for debt collecting that's why they assigned it .....BUT by passing on on your info in the first bplace they committed a criminal offence because........they do not hold a DPA licence to process data.

Even though MOtormile have a DPA licence the initial info has been obtained by them unlawfully ........

Report all this to the OFT and the ICO as well as telling them all to go away in Short Sharp Jerky Movements.

Sparkie

[Noushki]

Re: Doorstep Agents Visit From Motormile

ha ha ha. I constructed 2 letters based on your fantastic suggestions - one to the doorstep agent and one to Barnaby. I will see what they say

Thank you all!

[Guest]

Re: Doorstep Agents Visit From Motormile

hi


http://www.legalbeagles.info/forums/...893#post209893 ?

Have you been down this path before?

Perhaps if you found out what you legally owe you could sort this out once and for all.

Peter

[Celestine]

Re: Doorstep Agents Visit From Motormile

Well spotted Peter, I will merge the thread to keep all the info in one place.