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MMF debt recovery advice needed with old cash geni payday loan account
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wenglish2015
Posts: 8 Forumite
Hello everyone good morning just looking for a little advice please on what route to now take against MMF debt recovery. From June 2017 I started receiving a number off calls and letters out if the blue from MMF demanding payment of £79.90 the letters never stated who the debt was owed to so I sent them a complaint email denying all knowledge of this debt. I was then advised it had been handed to customer relations for investigation and I would receive a answer in a few weeks, anyway today I have received a final decision on my complaint from MMF and it states it’s from a Payday loan I took out at 2 previous addresses ago back on the 31/10/2009 for a loan of £150. They have sent with the letter a fixed sum loan agreement with all the details it goes on to say they are currently not reporting it to credit reference agency’s but will now carry on with letters and calls as it’s a valid debt. I personal can’t remember the loan as I had so many but surly 31/10/2009 would make the debt in enforceable due to the statue bard route ? I’m just worried as the loan it states was for 22 days and repayment was £195 yet my outstanding balance is now £79.90 would that mean I’ve made payment towards it ? Because they haven’t sent me any kind of payment history just the loan agreement.
So would you all suggest I just send the statue bard letter or ask more questions first ? Thanks in advance
So would you all suggest I just send the statue bard letter or ask more questions first ? Thanks in advance
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Comments
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Hi wenglish2015
Welcome to the forum. If you feel confident the debt is statute barred then you should send the statute barred sample letter straight away. The debt will be statute barred if there has been 6 years where the debt has not been paid, you've not acknowledged it in writing and no court papers have been issued. The 6 years starts running from the date court action could have been taken, and this is usually after a missed payment on the payday loan.
Once you've sent the letter the onus is on MMF to prove the debt isn't statute barred. If they can't do that, they must stop pursuing you. If you need a sample letter you'll find one here https://www.nationaldebtline.org/EW/sampleletters/Pages/Time-has-run-out-to-recover-the-debt-%28sole-name%29.aspx. Good luck.
Susie
@natdebtlineWe work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps0 -
If you have made any payment after October 2011 to this debt, it wont be statute barred.
Send the letter posted above. If it is statute barred they'll likely write this off entirely as it's such a low figure.
If it isn't statue barred? Offer £40 to £50 for them to go away, they'll likely accept.
In debt and looking for help? Look here for the MSE Debt Help Guide.
Also, If you need any free and impartial debt advice, the National Debtline, Stepchange, and the CAB can help.0 -
Thanks for your advice I’m very grateful0
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Motor Mile Finance, to give them there full title, are a complete nightmare to deal with, or should i say, they were.
Since the FCA rapped there knuckles a little while ago for inherent bad practice and non compliance with fair debt collection practices, they appear to of found staff who can string a sentence together, and actually follow correct procedures.
I would nip this straight in the bud and send the statute barred template letter Susie@natdebtline has so kindly linked to.
Let us know how they respond to you.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-letter0
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