MotorMile want CCJ on Nearly Statute Barred loan

Ashleyr

Hello!

Ive received an email this morning from motor Mile Finance saying they are planning court proceedings on a loan they say I had back in 2011. It was with Quick Quid for £121, however i have no info about the loan. I'm not saying its impossible but I have no emails, cant see it on bank statements and it doesn't appear on my credit files.

Ive asked them to prove it, and also emailed to say even if its true it would surely be statute barred.

They responded saying it wont be barred until 28th April.

My question is, do they have enough time to prove it and get the CCJ issued before the loan is statute barred, or if they put in the work today would it get processed that quick?

Im in the middle of applying for a mortgage so this could really mess the whole thing up!

thanks in advance.

Ash

Arleen

All they have to do is start the proceedings before 28th of April, anything else is not relevant. They also don't have to prove debt to you before going to court, so don't expect to be able to stall them.

And while you say that you can't find proof of the loan, do you actually owe it? Be honest, we are not the debt collectors here, and it's very important in deciding how to proceed.

Clive_Woody

Time to think hard about whether this is your loan or not and whether you want to risk missing out on your mortgage.

How much are they demanding compared to how much you paid back?

simpson_77

£120! Pay it and move on.

Arleen

simpson_77 wrote: »

£120! Pay it and move on.

If he doesn't owe it then there is no harm in not paying or reason to pay. But that is the ever important if.

sourcrates

An email would not count as a pre-action notification of intent to start legal action.

I believe in the eyes of the law they must still put there case in writing to you first.

Motormile are mostly all mouth and no trousers.

You should write and demand proof of the debt, you should also inform MM that using the threat of legal action in order to gain payment of the debt without providing any evidence of liability, is a practice frowned upon by the FSA.

They are already on the FSA radar due to historic errors in due diligence :

https://www.fca.org.uk/news/press-releases/debt-purchaser-motormile-finance-agrees-redress-package

Something for which they are having to pay compensation for.

More help here :

https://debtcamel.co.uk/court-payday-loan-debt/