MEM Consumer Finance Ltd 23 August 2013 at 3:44PM in Debt-Free Wannabe 9 replies 6.7K views

Michael1000

Hello guys just looking for a bit of advice.

I recently checked my Experian credit report I ordered a paper statutory report.
All fine apart from an active account with a company called ''MEM Consumer finance''. According to the report it was a loan taken out in Nov 2010. The account hasn't ''Defaulted'' it just says ''Unknown Status''.

I sent MEM Consumer finance a CCA request so I could look at the fixed sum loan agreement and the statement of account.

They seem genuine. They have sent me a copy of the documents I requested but it doesn't show my signature or a ''electronic tick the box to sign for'' e.c.t.

It also doesn't show the bank account details this loan was paid into or even the banks name.
My questions are:

Does the 'Fixed sum loan agreement' have to show a signature or an electronic tick box agreeing?

Does the 'Fixed sum loan agreement' have to show bank account details or the banks name.

Do they have to provide a full statement of account as I requested?

It does show when the account was opened/when the amount was paid and when the repay date was along with what the charge would be.

Its only for 90.00 so im gonna ring and pay it just so I can have that mark removed off my credit file but just interested to know if the documents they have sent me are ok and if they should have included the above information?

Many Thanks for reading and will be interesting to see if someone can help me with the answers

Michael
:j

happy_bunny_2

Before worrying about specifics, Is this your debt?

MEM are either quick quid or payday uk, can't remember which.

Have you taken out a payday loan from these companies?

If not dispute it, paying it will not remove the default.

Michael1000

no not my debt, since reading different forums I contacted police action fraud 15 minutes ago and have received a ref number so ill be sending that to mem recorded delivery tomorrow, I won't pay it then. But out of pure interest do you need to have signed or electronically signed the fixed sum loan agreement and does it need to show bank details?

happy_bunny_2

Not sure about things taken out online.

When they respond to a CCA request where you signed forms, the agreement they send you doesn't have to include the signature. Maybe its the same here.

Does it have your name and address etc?

happy_bunny_2

It should get removed from your credit report if its fraud.

Michael1000

Yes it has name and address but iev had a look back at my credit card fixed sum loan agreement which was done online (I requested one 18months ago due to PPI) and its got my electronic signature on it so if this loan or credit was taken out on line or Evan in person thought my signature would be on it? it would be interesting to see the bank details this credit was paid too which is why I want to know if bank details need to be on a fixed sum loan agreement..my credit card has? thank you everyone for replys

Michael1000

After re-reading the letter. oops Mem have stated ''we are permitted to omit any signature box, signature or date of signature from the copy of the agreement that is provided to you'' is this true? it's irrelevant to me in this case but interesting that they don't have to? Also would an SAR make them or any other creditor that omits the signature box to provide it?

happy_bunny_2

Michael1000 wrote: »

After re-reading the letter. oops Mem have stated ''we are permitted to omit any signature box, signature or date of signature from the copy of the agreement that is provided to you'' is this true? it's irrelevant to me in this case but interesting that they don't have to? Also would an SAR make them or any other creditor that omits the signature box to provide it?

They are allowed to leave it off a response to a CCA request. They can also reconstitute an agreement rather than copy it as long as its got everything correct on it.

Doubt they will respond to a SAR when you report it as fraud and its not your account.

Unless you have used them previously.

Normally, when you send an SAR, they should send a copy of the original. If they have it for older accounts. I've had some list credit agreement on the index and said if its not included we no longer have it.

[Deleted User]

happy_bunny wrote: »

Before worrying about specifics, Is this your debt?

MEM are either quick quid or payday uk, can't remember which.

Have you taken out a payday loan from these companies?

If not dispute it, paying it will not remove the default.

MEM is Payday UK of Oxfordshire - same operation as Payday Express urrgghh - believe they got brought out by in either 2011 or 2012

Think you only really only hear MEM if your a defaulter

Bit of useless tot but very hard if you default
Remeber being begged not to with my credit report held to ransom!
- oh well did stich themselves up a right kipper on my report ! in the end!

Good luck!

Michael1000

had a call from Mem today or PDUK explaining they will investigate but I need to prove I don't have a HSBC bank account so now iev had to make an appointment at my local HSBZc for them to give me a letter to state iev never had an account with them to send to MEM Iev booked the appointment so hopefully will be resolved next week but I would have thought an action fraud ref number would be enough to close the account and remove the default? Also does police action fraud Evan investigate this? I hope they do!