Minicredit -advice please

[sillygirl1]

You MUST enter a defence, the amount they are claiming can lead to you becoming bankrupt.... we can help with this and rip their particulars of claim to pieces in the bargain. Don't stick your head in the sand and accept that this is going to happen you HAVE A LEGAL RIGHT to fight this.

 

Is Brentford your nearest court, if not they are acting out of jurisdiction and that claim can be dismissed straight away.

[Delboy01]

Is Brentford your nearest court, if not they are acting out of jurisdiction and that claim can be dismissed straight away.

 

What do you mean by this please??? Are you sure???

 

stupid1 (see this thread) my OH has just rec court papers from minicredit from Brentford CC, we live in Bromley.

[Delboy01]

Took a £100 loan from this company. Offered them a settlement of £150.00 and have received the following emails from them today... Are they allowed to do this?? Please can someone comment urgently as to where to go from here.... My Hubby getting very stressed and just want to get my mess sorted as soon as so we can get on with our lives... Thanks CAGGERS!!

Please read the loan agreement you accepted when taking loan from us. Thank you.

Principal: £100

Interest to date: £57,50

First late payment charge: £25 (added 1 day after due date)

Second later payment charge: £55 (added 3 days after due date)

Debt collection charge: -£100 (added 30th of days afte due date)

Total balance today: £237,50

We are not able to accept the settlement offer you made however if you make the payment today then we'll remove manual debt recovery charge £100. The settlement balance would be £237,5. This is last offer from us otherwise we'll forward your case to our lega team. Thank you!

The charges have been added to the loan balance according to the Loan agreement.

 

 

The current situation with this is court papers received balance now 400 pounds +.

[sillygirl1]

Please post up what they have put in the particulars of claim, claiming for debt recovery is not on, nor are the two charges for late fees, just because they are in the terms and conditions does not make them legally due - the terms and conditions come under unfair terms and conditions rules and can be challenged.

[sillygirl1]

If the claim is placed at a court which is not in yours or the companys area then it can be dismissed as out of jurisdiction, Brentford isn't a bulk court, such as Northampton and therefore has separate rules.... ring the court to check that a claim can be brought against you via them.

[Delboy01]

Sorry do you mean me sillygirl1??

[Delboy01]

Just phoned them and they say there is no jurisdiction with regards to money claims???

They can apply to any court in the land

[sillygirl1]

Once you enter your defence it will be transferred to a court local to you rather than to them.

[j1mb0b]

Hi Silly... I received a photocopy notification of the claim and it just shows under "Brief details of claim" ... "Monies due and owing". The amount claimed is £663.82 with a court fee of £65 which makes £728.82.

 

The "Particulars of Claim" reads: "The Claimant's claim is for £651.50 due to the Claimant from the Defendant in respect of monies due and owing".

 

I've got "ACT Credit Management Ltd" showing as the Claimant agent.

 

Am I generally advised to work with the legal department in Payplan in order to enter the defence?

[sillygirl1]

IGNORE PAYPLAN, those particulars are vague and misleading and disclose no cause for action against you, you need to DEFEND this vigorously, if they rack up any more costs they will make you bankrupt.

 

I can help write the defence and destroy those vague and misleading particulars and alert the court to the fact that pre-court protocols have been ignored and they do not want to negotiate a reasonable payment. To rack up £150 to £728.22 is crazy and unjust.

 

DO NOT LISTEN TO PAYPLAN, we can use the fact that you are in a payplan scheme and that their claim would be better going in that pot than being heard at court.

 

You have a lot here to hammer them with.

[sequenci]

If the claim is placed at a court which is not in yours or the companys area then it can be dismissed as out of jurisdiction, Brentford isn't a bulk court, such as Northampton and therefore has separate rules.... ring the court to check that a claim can be brought against you via them.

 

It wouldn't be dismissed it should be transferred to the local court of the defendant.

 

Your defence should concentrate on the collection charges being disproportionate penalties for sure.

[ripvanwinkle10]

Hi Silly,

 

I think I'll have a similar problem with Minicredit. They know I will have a problem in repaying the amount in full & when I've asked about a roll over they aren't answering my emails etc. Instead they are sending threating type emails advise the debt could reach £537, from a £130 loan if I dont repay in full. Any advise?? Just out of interest and I hope you dont mind me asking, you seem to know quite a bit about these types of problem, is debt issues your line of work?

 

Many Thanks

[sillygirl1]

Keep all the emails and continue emailing them, and mention that you are copying in the Office of Fair Trading and Trading Standards about them not wanting to negotiate a longer settlement period.

 

I don't work in debt counselling but I have had a lot of personal experience of being in debt.

[Jamie6594]

has anyone ever heard of mini credit accepting a debt management plan, or do they always chase you through court?

[Delboy01]

, they have said that they will issue a default notice.

 

The funny thing is, is that they already have sent a default notice, but it was lacking the advice slip (as is required by law) - that meant that the default notice was not enforceable (according to the OFT website). They also appear to have dropped on another £100 in charges (legal fees this time).

 

Where can I find out the correct procedure re receiving a court summons and whether a Default letter is required?? And what is "the advice slip"Ta

[Delboy01]

I personally have never read of them accepting a DMP in all the forums I have scoured. The case I am working on seems as if they cut communication let the debt build up to a tidy amount and then take you to court.

[andy07]

I am currently receiving answer machine messages that are quite threatening from these lot, well some greek sounding guy , threatens legal action and or home visit, i could imagine it could sound quite intimidating to a more nervous person

[Delboy01]

Interesting that when you get their website it asks you whether you would like to translate to English from Estonian and I think their servers are outside the uk too.

[capella]

foxtrotoscar sounds like a minicredit agent. Constantly trying to get information out of people but never revealing any of his/her details....

[foxtrotoscar]

capella, i really couldnt care less what you think... decent caggers like sillygirl will know that im not an agent... ive been looking at these minicredit threads for some time and have never seen you!!! are you a minicredit agent?

[foxtrotoscar]

capella, read other threads about minicredit and then tell us what you think

[sequenci]

Play nice people or Mrs Cagbot will come a-visiting

[sillygirl1]

Delboy, you won't get very far with that line of defence, it hasn't been acceptable since the Rankine fiasco and the claims management companies jumping on the bandwagon.

 

Start with the complete history of the loan, what they have added and what you have done to prevent the debt from escalating and there you have a solid defence.

 

Payday loan companies are afraid of court because of the high interest rates, there has been a case today where a PDL company backed down at mediation and wouldn't go to see the judge to justify the charges.

[capella]

capella, read other threads about minicredit and then tell us what you think

 

Hello F.O,

 

I am just another minicredit victim. Thought i would scour forums yetsreday to see if others were in the same predicament minicredit have put me in....and it is a shame to see that i am not alone. However, i am dealing with minicredit and if my dealing are satisfactory i will no doubt let everyone know.

[foxtrotoscar]

Capella, all

I took out loan at the later part of last year with these sharks.... they really do play hard ball, at the time I had around 15 payday loans (from £1100 to £100) all of which I set up plans with, some paid off and some still ongoing. After constant e-mails to minicredit everyday (twice a day) I got nothing back but automated replies stating they do not do payment plans and that interest and charges would be added, letters then came stating that doorstep collectors will be visiting and the charge for this would be £100. It all racked up to a stupid stupid figure. Finally I got a letter and automatic voice call stating they was preparing for legal action unless I paid the x amount immediately. I e-mailed them an offer of x amount and said if they didn’t accept I would rather the court decide... they accepted!!!!!

I have never heard of them doing payment plans. I have heard of them taking people to court and I know that what they are doing is wrong. Doorstep collection fees etc.