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Everything posted by FredT

  1. Hi all. Letter from Opos received today saying they are sorry I have a complaunt and that they have timescales - if I do not accept their decision after 8 weeks I can complain to the F.O.S. Can anyone help me formulate a letter to them please based on the facts I have outlined in previous postings? Fred
  2. Thanks again Silvefox. Following Opos' response yesterday stating that they were not minicredit etc. I emeiled minicredit last night and explained the situation to them. Not heard back from them as yet. HOWEVER, I have had two messages from the same contact at Opos today: 1. Message 1 says: Unfortunately, the original amount payable and the dates that every charge was added was not included in the documentation provided by Mini Credit. The breakdown of your balance is as follows; · Original amount: £150 · Interest charges: £179 · Default charges: £75 · Attempt charges: £685 · Debt collection charge: £100 I have attached a copy of your statement, this shows all payments made (the statement shows I have paid them (Opos) £425 - which is correct I believe. I have not replied to the above message - but have also received the following from them today.. 2. MESSAGE 2. Good afternoon, I have passed this through to our complaints team. You will receive an acknowledgement letter within 5 working days which will contain a copy of our complaints procedure. If you have any further queries, please do not hesitate to call us on 0141 428 3990, or email us at [email protected] So, change of heart on Opos' part. Shall I await the letter outlining the complaints procedure and then send a letter - if so, what should that letter say? Fred
  3. Hi As per my posting yesterday I sent Opos a message saying: ''I believe that the charges you cite are unreasonable and I should be grateful if you could advise me of your complaints procedure which I now wish to follow.' They have replied by email stating: 'Unfortunately we are not Minicredit and I do not have that information.' Can anyone advise how I might reply to that!! Fred
  4. Thanks all. I have sent Opos an email as per sillygirl's suggestion and simply said: 'I believe that the charges you cite are unreasonable and I should be grateful if you could advise me of your complaints procedure which I now wish to follow.' Fred
  5. Thanks sillygirl. I will do as you suggest. Are they entitled to any of the charges? Obviously I should have repaid the loan after 25 days but didn't so would they not legitimately be entitled to charge something for that default - is that perhaps the £75 on the list? I have already paid them over £400 in any event... Fred
  6. Thanks. Opos has sent me this: Your account with Minicredit was a running credit agreement, as opposed to a fixed credit agreement. Therefore, your credit agreement did not contain the amount you borrowed/fixed repayment plan/etc. If you wish to read through this document (link to a government web site about running credit accounts) it explains that running credit agreements are subject to slightly different rules in regards to their contents. The breakdown of your balance is as follows; · Original loan: £150 · Interest charges: £179 · Debt collection charge: £100 · Default charges: £75 · Attempt charges: £685 Attempt charges were the charges applied by Minicredit when they attempted to take a payment from your bank card but they were unable to due to insufficient funds. Please find attached your statement to show all payments made to Opos Limited. When Mini Credit ceased trading in 2014, Kapama Limited bought over a portfolio of their loans. Your loan was included in this. Opos Limited manage all of Kapama’s accounts'. What should I do now please? Fred
  7. Silverfox - thanks. You mention charges etc AFTER minicredit was closed. That was in 2014. The loan that I took was 2012 - so the charges etc are all likely to be pre-2014 - does that mean I have to pay them? They would appear to amount to around £900 on a £150 loan as Opos state that the original debt was £1189!! Fred
  8. Many thanks again. Who are Kapama? The phone calls and emails I have received have all been from Opos - no mention of Kapama. It has been all emails and phone calls - never had anything via the Royal Mail from Opos. What do I do to start the formal complaints procedure please? Yesterday I emailed Opos and asked them to let me know how the alleged debt is made up - what are all the various charges for etc. I also informed them that I believed that minicredit ceased trading in 2014. Surely all I need do is state that the charges are unreasonable and unlawful and that I refuse to pay another penny - and that in fact if I have to contact the Ombudsman and the case is decided in my favour, they will likely owe me money - at the end of the day I have already paid £400 to Opos for an original loan of £150.. In fact - should I have even paid Opos a penny when minicredit is no longer in business - (although I see that someone still trades as minicredit on the web - but the minicredit I took the loan with is, as I understand it, no more?). Fred
  9. Thanks. The case of Mrs H looks similar to mine. Am I able to cite that case in any communications with Opos? I will inform them this week that I am lodging a formal complaint with the Ombudsman and see what happens. Many thanks for your help. Fred
  10. Hi, Thanks for this. Where can I find the formal complaints route - and where do I find the evidence to substantiate the claim that the charges are unlawful please? Fred
  11. Hi I am being pursued by Opos for a minicredit payday loan taken out in March 2012 for £150 which was to be repaid in 25 days. Opos are claiming around £764 saying that the original amount owed was £1189 - they came on to me back in 2013 and I paid Opos a total of £400 by installments. Last payment I made was in January 2014. Opos has sent me a 'statement' showing the following: Status Debt collection Loan sum £150 Order date 07. March 2012 Interest £238.5 Due date 01. April 2012 Penalty £80 Attempt fee £640 Debt expenses £100 Total £1208.5 Balance £1189 I see that minicredit ceased trading in 2014. I have emailed Opos asking how the above charges are calculated etc. No reply as yet. What should I do? Fred
  12. Hi all So, for those who have their debt written off, will Wonga have to amend their credit files to remove reference to the loan and any arrears? Common sense says they will since if the loan has been written off in its entirety then no monies are owing to Wonga and there can be no arrears. Does anyone have a definitive answer? Fred
  13. Now 7 weeks since I wrote to Restons asking for proof of the alleged payment. Heard nothing. Can I not apply to the Court to have the claim struck out or some such? If not, and assuming that Cabot do not come up with the agreement - and Restons don't supply evidence of the payment - does the case just stay in limbo? Fred
  14. Just a quick update. Following the CCA request I have not had any paperwork sent to me and have had a letter from Cabot stating that as they have not as yet complied with the request then the agreemnent is not currently enforceable. Since writing to Restons asking for strict proof of the payment that it is alleged I made to Welcome, I have heard nothing. I wrote to them almost 4 weeks ago. Fred
  15. Hi The claims company is Charterhouse. The original loan was for 5K taken out in 2003. It is actually my partner who is pursuing the claim. The loan was taken out by her in her own name. At the time she worked for a supermarket - approx 24 hours per week. She stopped work in 2005 following the end of maternity leave after the birth of our son who is special needs and my partner is his carer receiving carer's allowance. Once she finished work she was unable to continue paying the loan and it has been in the hands of a company called BCW Group. They have been taking £20 per week from her Bank and the amount they say is still outstanding is £1,200. Is she likely to get any PPI payout or should she abandon the claim? Is the reason she finished work going to affect the claim in a positive or negative way? I am in the process of helping her complete the forms that need to go to the Ombudsman. Is she likely to end up out of pocket bearing in mind the arrears and the amount that Charterhouse will claim in fees? Fred
  16. Hi Several months ago I started a PPI claim against HSBC Bank. I had a loan with them many years back and also a credit card. I am using a third party claims company and have only heard from them once to say that they had established a claim. Last week they called me and said HSBC had rejected the claim. They said they would send me some forms and were referring the matter to 'the Ombudsman'. They asked if I was working at the time and whether I was full or part time. I told them that I did work when I took out the loan and card and that I worked full time (because although I worked variable hours it was always more than 16 hours per week). Anyone know what might be going on here? Fred
  17. Hi I have written to Restons asking for proof of the alleged payment. I have also now got a copy of my credit report which does NOT show any loan with Welcome nor Cabot. What is the relevance of that to the Court case please? On a related note there are a couple of old loans that have been paid in full to other companies - but they still show small outstanding balances (one shows £4 due). What do I do to get the records amended? Fred
  18. Thanks dx100uk. I have written as you suggest. What is the relevance now of the CCA request - (as I understand it if they don't provide a signed agreement then their claim may be unenforceable) if I have gone down the route of the claim being statute barred. If they don't supply the agreement does that mean that I may still win the case - or have I accepted that there is an enforceable agreement by claiming statute barred? Bit confused!! Fred
  19. Thanks dx100uk. Do I write to the Solicitors asking for the proof of payment? Also, with the CCA do I still write to Cabot and say that they had 12 + 2 days and not 40 days? If so, what wording for both letters? Fred
  20. Hi I think I am now in a pickle as I don't really follow all that I need to do. As per dx100uk's suggestion, I sent the CCA and CPR letters. I had a reply from Cabot stating that they had 40 days to comply - that was about 3 weeks back and no reply. As the date for filing a defence suddenly appeared I filed a defence that the claim was statute barred. Restons solicitors have now written to me stating that they are 'advised that Cabot Finance, at the time of the assignment, received confirmation from Welcome Finance that the last payment made towards the outstanding balance was on 31 January 2012. The payment was clearly made within 6 years of these proceedings being issued and as such is not statute barred'. The letter continues 'Now that we have provided you with further details to show that the debt is in fact owed we would be grateful if you could confirm you are willing to withdraw your defence by completing the enclosed form N9A and returning it to this office by 20 August'. The letter then states that if I do not complete the N9A they will apply to strike out the defence and go for summary judgment - and seek an order that I pay the costs of the application, Help! What do I do - I still have no paperwork showing a signed agreement - and no paperwork showing as the solicitors/Cabot assert that I made a payment on 31 January 2012. Fred
  21. Had a call on my mobile today asking for my partner (as it is her phone really) purporting to come from HSBC. The number displayed as only '207335'. Asian sounding lady would not discuss anything with me. Anyone else had such a call? Fred
  22. Hi Are there any laws regarding a 17 year old working in a shop? No alcohol is sold. Can they be left on their own running the shop? Can they open up and close the shop - on their own? Thanks, Fred
  23. Hi I sent the two letters off - one to the Solicitors and one to Cabot. As per 100dxuk's advice I did not sign either. The solicitors sent my letter back stating that they could not act on it as it purported to come from me but was unsigned. I have signed and returned it again. I have had a letter from Cabot in response to the CCA request saying that they have to get the agreeement from Welcome and have 40 days in which to do that. I filed my AOS on the deadline day which was 15 July and so I think I need to file a defence ***TODAY, 29 July**?? If that is the case, what is my defence? Can anyone help please? Also, should I ask for the case to be transferred from Northampton to my local Court? Fred
  24. Thanks. Why do I need to check my credit file? How does that help with the Court case?
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