Jump to content


  • Tweets

  • Posts

    • It's Hotpoint (but I believe they're part of the Whirlpool group now?). The part was bought direct from them as a consumer.
    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J    email text I'm sending to Evri's small claims in answer to their recent defence response:  
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

minicredit/opos/kapama credit. Help appreciated!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3066 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi all.

 

A few years ago, I got myself into a mess with various payday loans and have spent the last couple of years paying them all off. Earlier this week I received an email from a company called "kapama credit" stating an account of mine had been passed onto them from Opos.

 

The loan in question is from minicredit. A loan for £100 of which I only received £80. Due to being in the midst of my payday loan mess, this wasn't paid back.. As my head was firmly stuck in the sand, I did nothing.

 

I was in touch with opos back in 2012 and at one point was offered the chance to pay a settlement of £150 which ended up not paying.

 

The email i received this week states I owe over £700. In a panic, I offered them the £150 again, which they refused, stating the minimum they can accept is £392!! I then asked them for a breakdown of the account and this is their response:

 

Principle - £59.89

Interest - £69

Attepmted payment fees - £555.50

Debt collection fee - £100

 

I want this sorted asap but not sure of my next steps. How much of this do I technically owe?

Link to post
Share on other sites

Hi there,Sounds like you are in a very similar sounding payday loan boat as myself! I'm also trying to repair the hideous damage I have done to myself and my credit file with these wretched loans. I've got myself down to a credit score of very poor now, which basically means I can't even get accepted for a new mobile contract! All my own doing, but annoying as hell either way.Most of this is down to MC / OPOS registering a default on my account for a debt now going back 3 or so years. I borrowed £400, which is now showing as me owing them £1810. Laughable really. I've been trying to fight this for ages, but in the end gave up as they wouldn't accept my offer, which I think was the loan + interest + a late fee. About £520 odd I think. So I focused on paying back other debt I owed, and never heard a bean from them.Until this week, when I too was sent this Kapama rubbish. I can see it's basically OPOS seeling the debt to themselves, which surely isn't right? The debt has also vanished from my credit file. I'm not sure whether it will appear again under a new name or not.Basically you should just pay them the loan, plus the original interest, plus a late collection fee. Don't be put off by their bully boy tactics and demands for sums of money that are ridiculous. Stand firm, and demand that you pay back what you rightfully owe, and that your credit file will be marked as 'SETTLED' and not 'SATISFIED'. This makes a difference. If they refuse, I'd probably threated to get the FOS involved, or push things on to court. Te;; them you would love to see them justify to a court how you can possible owe over £700 for a£80 loan. They'd laugh them back under the rock they came from.

Link to post
Share on other sites

  • 8 months later...

Hello,

 

Just wondered if you has any luck with this as I am in a very similar situation?

I took out a £100 loan back in 2012 in stupidity as well as desperation, buried my head in the sand and did nothing about repayments- could not afford to.

I thought I had paid all of my debts off, but after checking my credit score, Kapama popped up and now saying I owe then £860!

I spoke to someone on the phone who was quite rude and I asked him for a settlement figure. He asked what I could afford I said £200 and he said they couldn't go that low and the lowest would be £650! I told them to leave it and he said until what? I don't really know the answer to that myself but In my head I cannot justify that amount and I am sure they can't either.

Especially as the loan was taken out with mini credit and they obviously haven't traded legally and have been shut down? sold their portfolio to Opos who have then Sold to their sister company Kapama... Surely something is not right here!

I am more than happy to pay what I owe but that amount just seems extortionate! :!:

 

Any help would be greatly appreciated!

Link to post
Share on other sites

Just a thought, when minicredit went tits up did you get any communication from either minicredit or kapama in the form of a notice of assignment.

 

I imagine your credit rating is shot anyway so whats one more person chasing you ?

 

I was in the same position and wrote to kapama basically saying prove that I owe you anything and have not heard back, that was early this year

 

https://www.minicredit.co.uk/

 

Have a read of what they should have done which is included on their site as well as the link to the FCA , see if you have some fighting room.

Any opinion I give is from personal experience .

Link to post
Share on other sites

  • 2 weeks later...

Check this link out,

 

 

if you were not sent a details by December 2014 saying your debt was transferred to either Kapama or OPOS, from what I can gather, your debt is written off (see page 2).

 

If your debt had already been transferred to Mackenzie Hall or Fredrickson then it MUST be written off (see from page 6 below)

Link to post
Share on other sites

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

It still didn't stop kapama trying it on with phone calls when they had been no NOA. or communication with minicredit in well over a year

I suspect, as per , minicredit 'accidentally' passed on details of all people including those whose accounts should have been closed and/or written off. I wonder just how many people paid up or came to a payment arrangement?

Any opinion I give is from personal experience .

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...