Minicredit -advice please

[karlito78]

This was your post: 'They cannot send debt collectors to your house without a court order' - this isn't correct. They can send a doorstep collector, who would have no bailiff's powers. Also, continuous payment authorities are nasty, nasty things. Luckily there are steps being introduced to change how they work - the sooner the better.

 

Actually that wasn't my post but it looks like we basically agree so i'll leave it there.

[Theakston]

I am in the same position with Mini Credit. I took out a loan of £150 with them with a view to paying it back on 26th December 2011 but unfortunately my father died. I phoned them and explained that due to travelling up to Scotland, helping the my brothers and sisters look after my mum and arrange a funeral I was unable to pay this amount. I was told by the lady on the other end of the phone that I should ask my family for money to pay for this as they do not do payment plans.

 

I was astounded!! I refused to pay, and anyway I had other things on my mind rather than worry about them.

 

Once the dust settled with home life and I was back at work I contacted them to see if they would be reasonable with me with regard to setting up a payment plan but they blatantly refused. I changed my bank account to make sure that no money was taken. At the end of January, I telephoned them again to say that I could pay £150 but they advised me that the amount was now £496!!!!! I refused to pay them and hung up. I can't afford to pay that amount in a one off payment.

 

I went to my CAB and they were no help whatsoever.......they advised me to borrow money to pay them off!!!!!! That is a joke!!

 

I have now received a letter advising that they will be sending doorstep collectors to my house between 17th and 24th February 2012 to demand £600. I am at my wits end, not sleeping and it is starting to make me ill.

 

Can someone please help me

 

Regards

Theakston

[sillygirl1]

What you need to do is email them telling them this, phoning them does not leave an 'evidence' trail, and contact the OFT and Trading Standards who are doing an in-depth study on this murky area.

 

The OFT are at http://www.consumerdirect.gov.uk

Trading Standards http://www.tradingstandards.gov.uk

 

Also contact MP Stella Creasy, she has journalists waiting to run stories on the bad service these companies give - bereavement IS a good reason for not repaying, and the person who asked you to borrow money from family was way out of line and against the OFT's guidelines on debt collecting.

 

As for the letter - the person who shows up can be told to get knotted (or other pithy phrases) and tell them you will call the police if they don't leave. They have no more right to call on you uninvited than a wandering cat.

[emma1989]

Does the OFT stuff need to be sent through the post, or can I send it in an email?

[sillygirl1]

Not sure, I think you can do either, why not ring the OFT and ask... hello to the 9 guests logged in at 15.20 on a Monday afternoon.

[GemBurgess]

I too am in the you-know-what with PDLs and MiniCredit in particular. I borrowed £300, made one rollover payment of £99 and failed to pay up on 1 February. I have experienced the same as you guys in terms of non-response, threats etc. I sent them this email this afternoon:

 

Thank you for your email of 20 February.

 

Could you please:

 

1. Could you please reply to my email of 1 February requesting that charges and interest be frozen and further requesting that a repayment plan be arranged.

 

2. As at today’s date (20 February 2012) I am unable to access your website, and therefore my account. A requested new password does not work with my mobile number. I cannot therefore verify or check any of the data relating to my account. I am also unable to contact you via your preferred method (i.e. through your website).

 

3. Please explain how the outstanding balance of £678 is made up. To remind you, I borrowed £300. One month’s outstanding interest amounts to £99. I should be obliged to know how this sum could escalate by a further £279 in only 20 days.

 

4. I note your reference to “THE DOORSTEP COLLECTOR”, please be advised that under OFT rules you (or your representatives) can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you or your representatives. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

5. I have previously advised you that any attempt to contact me must only be made in writing.

 

6. I note your threat to contact an employer. Any attempt to call a third party regarding this matter is in breach of OFT Guidance and will be reported as a complaint to the OFT.

[GemBurgess]

Just to update:

 

My access to the website was restored today; yesterdays emails were bounced back in seconds. Perhaps somebody from MiniCredit is reading this link! Balance of account now up to £701 after 21 days, amazing!!!

[AJ2012]

How did you get on with these people in the end??

 

I am thinking about defaulting with them this month while I sort out my finances and making some kind of token payment... I owe £310.00...

 

Any advise would be good... As I am not too aware of my rights etc

 

AJ2012 xx

[Cash_flo]

Hi guys,

 

I dont know if any of you were listening but I spoke on Radio 5 live on Sunday about this company. You can read the article here:

 

http://www.bbc.co.uk/news/business-17127951

 

I think there is also a Podcast so that you can listen to the show. A lady from National Debtline spoke after me and I would seriously advise anyone having problems with payday loan companies to seek advice from them or another free debt charity.

[sillygirl1]

I do hope you are not going to pay the whole £750 they claim you owe, £150 would be more than sufficient for the original loan and one month interest.

[Cash_flo]

Well I have a payment plan set up with Frederikson to pay it off. The whole thing was getting to me so much that I just wanted it sorted and to stop getting phone calls and letters. I have written to Minicredit today to ask that they get rid of the charges and the ridiculous interest. I'm also going to contact the OFT today.

[CJ16]

I note your reference to “THE DOORSTEP COLLECTOR”, please be advised that under OFT rules you (or your representatives) can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you or your representatives. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Best Advice ever...

 

Just phoned MC and spoke to a rude foreign lady, when I stated this info she said I cannot deny that. I let her know that if at any point between now and the 14th a doorstep collector arrives at my door I will not only take the matter further I will take MC to court and claim damages. Lets just say she quickly changed her tone and expressed her apologies.

 

I wish I could become a crusader and get all of these Payday places shut down!!

[Cash_flo]

quick update on my case:

 

I told Frederikson that I had done the radio interview and sent them a copy of the newspaper article. Bryan Carter solicitors emailed me back and told me that they would close my file with them and send it back to Minicredit.

 

Now to deal with minicredit again!

[sillygirl1]

You ARE a crusaider now, you have joined this site and have found knowledge they don't want YOU to have.

 

Cash_flo, did I not say that Uncle Bryan would run when challenged... well done on the radio interview.

 

The more people who stand up to these bullying PDL companies and their solicitor for rent friends the better.

 

The solicitor for rent trade will be next in the firing line after the PDL side has been cleared up.

[Rayor]

Has anybody actually been taken to court by these people & if so what was the out come

[renegadeimp]

Nope. Not yet. They've threatened to, but they have no legal grounds to. Even if they did, you can put a personal defense in and they would have to send someone to explain the excessive charges and interest. If nobody turns up, you'd win by default.

[sequenci]

They've threatened to, but they have no legal grounds to

On what basis?

[renegadeimp]

They broke the regulations for a start in regards to charges/interest not being explained properly, then also adding on hiked interest.

 

I shouldnt have said legal grounds, more that they wouldn't take it to a court because of those excessive charges.

[emmity]

Could someone help me please. I got into trouble with minicredit with a £100 loan. I couldn't get an answer or anything when trying to contact them to do a payment plan. I have just received a call from Mr Fitzgerald about the £831 I now owe them. When I asked about a repayment plan I have been informed that they are not a bank and I should have paid the money back and they know nothing about a change in circumstances (but they wouldn't because they would not respond). If I do not pay by the end of the month they said they are going for attachment of earnings. I don't know what to do. They said if I could get a friend to help out they will take £415.80 to settle the debt but I must pay by the end of the month.

Help me please

[renegadeimp]

Dont speak to them on the phone. Ever.

 

They are trying to bully and harass you into paying back an extortionate amount that would never stand up if it ever went near a court. All you owe them is the original loan amount plus interest. They cannot deny a repayment plan as they would be breaking OFT regulations, and if it went to court, the entire case would more than likely be thrown out.

 

Is there any chance you can create a brand new thread for your case, as it will allow you to have all information in one place, instead of in multiple forums.

[vjohn82]

Could someone help me please. I got into trouble with minicredit with a £100 loan. I couldn't get an answer or anything when trying to contact them to do a payment plan. I have just received a call from Mr Fitzgerald about the £831 I now owe them. When I asked about a repayment plan I have been informed that they are not a bank and I should have paid the money back and they know nothing about a change in circumstances (but they wouldn't because they would not respond). If I do not pay by the end of the month they said they are going for attachment of earnings. I don't know what to do. They said if I could get a friend to help out they will take £415.80 to settle the debt but I must pay by the end of the month.

Help me please

 

They can only get an Attachment of Earnings Order if they have a CCJ in place.

 

They tend to dole out empty threats and, I imagine, trying to get £800 from a court for a £100 debt is likely to see them faced with some difficultly.

 

However, in accordance with good form please set up a new thread and send me the link to it. We can then advise on it from there.

[emmity]

Thank you. I'll try to do a new thread.

[sillygirl1]

For them to get an attachment of earnings they would have to take you to court, and win and then you would have to not pay the court the amount deemed due, then more paperwork would go out before this attachment of earnings would happen. They are a low priority anyway and a judge could very well ask THEM for proof of the amount you owe

 

Asking you to borrow from friends and family is against the OFT Guidelines on Debt Collecting, as is the Attachment of Earnings threat, so as the OFT are doing an indepth investigation into their murky world you can now complain to them very loudly.

[Readybrek]

On my account it says I borrowed 250 but the orginal contract does not state what I actually borrowed just my credit limit was 1500.

I seem to owe over 1300 surely the agreement should have stated how much i orginally borrowed.

[renegadeimp]

How much did you borrow, and how much interest was stated on the original application. How much have you repaid so far? Minicredit are known for breaking the law and regulation, and inventing fictitious charges. It's why they are one of the worst PDL's to deal with.