I think I'm being fobbed off by MotorMile Finance!

The_Offside_Rule

I have defaults from March 2011 registered by them on my credit report.

I genuinely don't believe that they ever sent me a warning saying that they were going to mark my accounts as being in default.

I've been paying £5 off each month for over a year but I decided to write to them (recorded delivery).

This is a quote from the letter I sent "I request that you supply to me evidence of the Notice of Default that you are required to send a debtor under the Consumer Credit Act 1974.".

I sent the letter 10 days ago and this morning I received copies of the loan agreements but no evidence that they ever issued a 'default warning notice'.

Furthermore - I have three accounts with them, one of which has not come into question as they have not defaulted me and I am paying back on the dot each month. BUT they have sent me the details of this account instead of the one I clearly asked for.

What should be my next move? Wait for the 30 days has passed as they have not sent what I have asked for?

Even then, what can I do after the 30 days?
If I reply now asking for them to send the correct material again, does that put another 30 days on top?

My apologies for the barrage of questions and thanks in advance! :rotfl:

rizla_king

The original creditor would have sent one if it was required.

The_Offside_Rule

Thanks for your reply.

Thing is though, the default is in MMF's name.
Surely they can't register defaults without sending warnings etc?

Thanks

Tixy

The original creditor will have issued the default notice and put a default on your credit file (or one of your credit files).
When it passed to the debt collector they put an entry on in their name instead and the creditor removes the original entry.
The debt collector must use the same default date as the original lender used (if they hadn't then you would need to write to complain for it to be backdated to the original date).

rizla_king

The original creditor would have recorded the default and then been change into MMFs name when the bought the debt. That is allowed.

The_Offside_Rule

I don't believe that the original creditor did actually register a default though.

It just popped up as MMF.

Tixy

It may have been reported to one of the 3 agencies? Whereas MMF may be reporting to a different one (or more than 1)?

Or possibly the original creditor sent a default notice out and then passed the debt straight to MMF who then registered the default on your credit file.

Who was the original creditor? what was the debt?

Tiddlywinks

What do you hope to achieve?

You borrowed the money, you couldn't pay and are now paying it back in smaller amounts.

Why this letter ping pong - what do you want to happen?

The_Offside_Rule

I would like the default removed.

The loans were with QuickQuid and WageDayAdvance.

TIXY - They appeared on the three main CRA's within a week of each other.

Tixy

The chance of getting the default removed if you did default on the debt is remote.

The creditor/debt collector is not obliged to send you a copy of the default notice. They should be able to send you something that says what date it was sent to you. You can ask them to provide this, but if you don't it doesn't mean that the default would be removed from your file.

One thing to consider - with the default on your file the whole entry will be removed from your credit file in May 2017.

If they remove the default then the you will have a record of a string of missed payments on your credit file until 6 years after you finish repaying the debt - so until at least Jan 2020 (even if you paid the remainder of the account in full this month).

Is early 2011 when you actually first fell behind with payments on these debts?

Tiddlywinks

But you did default - that's just a matter of fact.