Motormile Finance UK Ltd

NatashaW

Have just opened up my credit file as am remortgaging next month to find the below....any help/advice hugely appreciated as at present it looks like we will be loosing our home.

In 2010/2011 I got a few small payday loans -
No job after uni etc. I didn't pay one of the loans back (£225). This account was opened on 02.03.11.

Since 2011 I have worked as a teacher - have not defaulted on a payment since - on ANYTHING.

Motormile finance uk ltd registered a default in October 2012 for one of the loans.

Just recently August 2017, Motormile have registered a fresh second default on my credit file for a small loan I got in 2011 & didn't pay back.

It says "Default 01.2017" but it hasn't appearance until August 2017.

They updated my credit file in August 2017 to say the default date was January 2017 from a loan in March 2011. They've recorded the default to 'January' so basically back dated it to show as being before the 6 years is up (which would have been March 2017)....extremely naughty.

I have made no payment towards this loan in 6 years & now they've just registered a fresh default which will be on for another 6 years. Since this company has already registered a default against me, they should of had no problem linking other debts to my name. What can I do?!!! Surely they're not legally allowed to do this?!!!!

This default will be reported until 2023 - 12 years after the original missed payment!!!!!!!!!!!

NatashaW

Oh & not sure if it's relevant or not but my DOB is wrong on it...

[Deleted User]

Lot of exclamation marks there which makes it a little difficult to follow, but I think I understand.

If you defaulted on the account in 2011, then you should have expected a default marker within 6 months. Ask the to change the default to a more suitable date.

This may still mean that you have some time to go before the 6 years is up. Depending on the amount, you may want to make arrangements to repay, to avoid a CCJ.

cjmillsnun

That said, if you have not made any payments since March 2011, I would call the debt statute barred.

Write to motormile asking what the debt is for and follow it with a prove it letter. Then follow with a statute barred letter. At no point accept the debt. As part of the statue barred letter request that the record is removed from your credit file.

NatashaW

This "second default"was put on within the 6 year period of the original default dropping off, does that change anything? As in, are they going to regard it as the same debt or a different one? I'm not even aware of what this second default is for, I've never been contacted regarding it or had them come after me for the money. First I know of it is when I check my credit file last night & bamb.

Are there template letters I should look at to help with wording etc?

Any idea on how long something like this could take to get sorted? :mad:

[Deleted User]

Your OP read as if the defaults are two different loans. Defaulting on one loan doesn't prevent a default on a second one.

Can you just put down the key points and timings so we can understand better.

NatashaW

I don't know if it's for the same one or a different one.

As I said, I had a few pay day loans in 2011 so it could be from the same one or a different one.

I understand that defaulting on one loan doesn't prevent a default on a second one but can they really put the default on my file 6 years after the loan wasn't paid back?

Let's assume it is for a different one, worst case scenario. Either way, the loan was taken out in 2011.

[Deleted User]

See post 3. Ask them to amend the default date to no more than 6 months after you defaulted.

sourcrates

Basically, you need to write a letter of complaint to motormile stating that the default dates are incorrect, and can you please ensure they are corrected.

The consumer credit sourcebook-FCA Handbook, conc7 states that :

" a default should be applied after between 3-6 missed contractual payments"

so really after a maximum of 6 months.

Remember, these are just guidelines, but creditors are supposed to treat you fairly.

National_Debtline

Hi NatashaW

A default cannot be registered for the same debt twice, unless it was once by the original creditor and then again by a debt collection agency who has bought the debt. But even then they must use the same date for the default.

There’s some good advice from other posters above, a default must be registered in a timely manner and if that hasn’t happened you can make a complaint. If you are not successful contact the Information Commissioner’s Office (ICO) who will investigate www.ico.org.uk. The debt will drop off 6 years after the date the default was registered.

The debt could also be statute barred, meaning the creditor has run out of time to take court action to pursue you. This will apply if there has been 6 years since court action could have been taken and you have not acknowledged the debt in writing, a payment has not been made and a CCJ has not been obtained. I hope it all goes well.

Susie
@natdebtline

NatashaW

Could you take a quick look at the below & let me know if that's good to go, thank you

Motormile Finance Ltd

Dear Sir/Madam,

I am writing with complaint regarding my credit file and a default which is incorrect.

When looking at my credit file I can see that a default for a loan in March 2011, by yourselves, is dated January 2017 (however it was not updated on my credit file until August 2017.) There can only be one default date for a debt - please delete the default date of January 2017 as this should, in fact, be March 2011. The default should have been deleted and dropped off of my credit file in March 2017 (6 years after the correct default date) and this is now causing me delays in re-mortgaging.

In expectation of your prompt attention in this matter,
Regards,