MMF Debt Collection

Hi,

In June 2012 I took out a payday loan with a firm called Mr. Lender. I was redirected to their site via a search engine. I took out a loan of £400 and paid off two months interest only of £140 with the expectation of paying off the capital when I was in a better position. Unfortunately I was unable to make any further payments and the debt has now been passed over to a company caped MMF.

I took out this loan, despite already being in an IVA plan, which I have been involved in since May 2011.

I today contacted MMF as I have not received any letters from them. The only contact I have had so far have been pre-recorded phone calls,sms and e-mail which I found in my junk folder. I thought this was a bit suspect so avoided contacting them. It was only after I did some research that I found them to be a reputable debt recovery agency. They today have threatened me with a home visit. However I found a thread on here that stated a case where home visits are not allowed to be carried out. I stated this to them and they promptly put the phone down. The total debt now stands at £1209 and a few odd pence.

I was hoping I could receive some further advice as I am unsure what steps to take. Am I liable for this debt despite being in an IVA, should the lending firm checked the insolvency website before allowing me to take the loan?

Thanks.
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Comments

  • sourcrates
    sourcrates Posts: 31,206 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    If the debt is not included in your IVA then of course you are liable, you should not have had credit in excess of £500 as you are in an IVA, this could cause you problems with your IP, and im afraid MMF or Motormouth Finance are one of the worst DCA`s in the business, they will use every trick in the book, swear black is white, they are a horrible company to deal with, however, they, like all DCA`s are all mouth, and not much action, they rely on calls, and letters to frighten you into paying, anyway you can get the balance down at all ?
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Poppops
    Poppops Posts: 313 Forumite
    An IVA is an arrangement between you and the creditors you had at the time the IVA was made. It wouldn't have offered you protection against future creditors.

    You are supposed to contact your IVA supervisor before borrowing more than £500. I know your loan was only £400, but the Stepchange website states that further borrowing on credit cards, payday loans etc. is against the terms and conditions of an IVA and so Unfortunately I think it is you who has acted inappropriately.

    I would pay up as soon as you can to avoid any potential breakdown of your IVA
    Sealed pot challenge member #325
    £591.02 / £1500

    £2 saver club member #83
    Target £246 / £500
  • michael1983l
    michael1983l Posts: 1,916 Forumite
    I have regular emails off MMF, threatening home visits. Never materialised though. I just completely ignore them. They are a joke. Bottom feeders.
  • MMF are the WORST DCA ever - I have sent them 2 letters recorded delivery requesting the info about the loan they have and the outstanding debt and have never received a written response from them yet still get emails threatening 'they have heard nothing from us so 'mike' will be coming round'.

    Mike must be very busy - he seems to cover all areas of the UK from what I can work out :)

    I am just ignoring them for now and focussing on more important debts while hoping they finally pass the debt onto a DCA i can deal with :)

    Good luck!!
    Debts @ LBM (May 2013): £25,250.27 | Debt Free: May 2015 :j:j
  • michael1983l
    michael1983l Posts: 1,916 Forumite
    It is funny that, mike has been dispatched to visit me on several occasions, never turned up though. His sat nav must be rubbish.
  • Thankyou for all the replies. I must reiterate that I do not have an issue in repaying the debt. When I spoke to them I asked for a breakdown of fees etc which, so far has failed to materialise. I have also responded to their sms/emails stating that I am only willing to talk with them in writing. Again I have received nothing in writing from them whatsoever. I'm sure I read somewhere that in order to pursue a debt the dca is legally obliged to write to you and contact through sms/email does not constitute the request of the debt. Is this correct? If so what can I do to ensure that they do actually write to me at my postal address? They sound like a bunch of amateurs if you ask me.
  • sourcrates
    sourcrates Posts: 31,206 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    wezza7 wrote: »
    Thankyou for all the replies. I must reiterate that I do not have an issue in repaying the debt. When I spoke to them I asked for a breakdown of fees etc which, so far has failed to materialise. I have also responded to their sms/emails stating that I am only willing to talk with them in writing. Again I have received nothing in writing from them whatsoever. I'm sure I read somewhere that in order to pursue a debt the dca is legally obliged to write to you and contact through sms/email does not constitute the request of the debt. Is this correct? If so what can I do to ensure that they do actually write to me at my postal address? They sound like a bunch of amateurs if you ask me.


    The answer is, not much really, they want fast results and don't have time for the niceties of paperwork/evidence etc, until they send you something in the post I`d just ignore them, there usual chain of letters is firstly a "payupnow or else letter", than a "doorstep visit letter" then a "why haven't you contacted us letter" then maybe a Christmas card !! lol, they are a bunch of clowns, don't be worried by there threats, they will soon move on to someone else.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • DizzyChick
    DizzyChick Posts: 20 Forumite
    I have just had a call from some one saying I owe £500 from a payday loan I took out in 2008??? I am quite surprised seeing as all my debts have been paid off after a hard couple of years! And this is the first contact I have received from them. I have asked for a copy of a signed contract to prove I owe this ( I won't make payments until then) but was told that as I applied online they can not provide this! Surely they can???

    I am not looking forward to dealing with these idiots after reading all the posts on here :(
  • DizzyChick wrote: »
    I have just had a call from some one saying I owe £500 from a payday loan I took out in 2008??? I am quite surprised seeing as all my debts have been paid off after a hard couple of years! And this is the first contact I have received from them. I have asked for a copy of a signed contract to prove I owe this ( I won't make payments until them but was told that as I applied online they can not provide this! Surely they can???

    I am not looking forward to dealing with these idiots after reading all the posts on here :(

    In short, don't waste your time worrying about these muppets, they've got squat and it's practically statute barred. If they call again, have a laugh with them, put on different accents every time you talk (that really throws them), demand they contact in writing only and put the phone down.

    If you have a smartphone you can block their number if needs be.
  • jmhgibson123
    jmhgibson123 Posts: 190 Forumite
    i wouldnt ignore to be fair, debts after 2008 dont need signed agreements to be enforced in the courts, they could get a ccj against you if you dont get in touch...and it wont look good to the courts if you have not responded. i get that people dont want the phone calls but take one call and only ask for the address for written correspondence, when you write tell them the phone calls need to stop as its harrassment and you only want to be contacted by mail or you will make a formal complaint.
    goal for 2014....i will manage money better ..must resist shopping..............:A
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