MiniCredit & FOS

[magnic]

Hi all,

 

A long term lurker but this is my first post. I really need some advice please.

 

I had loan with mini credit which I defaulted on. I contacted them before the due date, explained the situation and asked to come to an arrangement. I will completely ignored. The original loan was £760 and they have continually hiked on charges and it now stands at approx. £2700.

 

I contacted FOS as mini credit were ignoring me and raking up the interest.

 

FOS called me on Monday to say mini credit had agreed to completely write off some debts, mine being one of them. They then emailed the acceptance form to sign and return, which I did.

 

THat afternoon a lady from mini credit called and asked whether I was accepting their proposal, I gladly explained I was. She then asked me what the offer was I was accepting (I did say I thought it odd that she didn't know) but said it was for them to write off the debt. She said they would never do that and they had not offered that to me. I then called FOS and the lady I had previously spoken to (and emailed acceptance form to) said don't worry MD had made this decision and maybe staff did not know.

 

Well, today I have had a call from anothe lady at FOS who has said, she is sorry but my debt is not one that mini credit is willing to write off. I apparently have been added to the list by mistake. She stated when she realised she called mini credit and asked if they would add me, which they have declined. She said they have agreed to take off all charges and most interest and thinks it will be around £800 to repay but will email the correct proposal.

 

I am also worried they are going to default my credit file to the tune of £2700.

 

What should I do? accept the proposal of a reduced balance and come to an agreement with them, hoping it sticks this time.

[asmilecostsnothing]

Can you contact the tabloids? Seriously I think the FOS are messing up big time : (

Really it's got to be their problem they shouldn't have told you one outcome and try change it, surely?, as you have it in writing?

 

 

Make sure you get and keep absolutely everything in writing and you should be okay and for what it's worth Mini Credit do not seem to mark report - I was a previous borrower to

[renegadeimp]

Dont worry about your credit file. They cant and wont add it to it while you are disputing the debt. Be warned that they are trying to get people to call them by phone due to ongoing OFT investigations against them. They think that by only using phone calls they can hide their tracks. However, it is your legal right to keep everything in writing, especially if they intent to pass the case to a DCA or even court. (They wont pass your case to a DCA, and if they do, a simple form letter which can be found on this site can easily place the debt back at minicredit).

 

Write to them, and DEMAND that everything is kept in writing. Should they text you or call you, those calls will go ignored and unanswered. it is your legal right to have EVERYTHING in writing so you can prepare a defence with evidence should they take you to court or try to register a default on your credit file.

[magnic]

Thanks for the replies. I do have the offer in writing and an acceptance form which I signed and sent back to the FOS.

 

So I am clear then, going forward, I should not speak to either mini credit of FOS on the phone. What is my next course of action, should I complain about FOS and if so who to?

 

Mini credit have an open account on my credit file should balance as nearly £3000, are you saying they won't update that anymore and add a default.

 

I have to say I really upset about this, to be offered and accept an arrangement that has now been withdraw - surely that is not right. Should I contact the press, if so who.

 

Thanks again for any help you can give me.

[renegadeimp]

They will try and keep adding charges. It's what they do. They even make up some charges as they go along.

 

Dont be upset about it, thats what they are banking on, hoping you will cave in and pay the full amount.

 

If you have the agreement in writing and it is clearly addressed to you, keep a copy. Also, contact the FOS/OFT again and DEMAND clarification. As another poster pointed out, you could even go to the media with it, but gaining legal advice would be a good first step. Try the national debtline, and explain EVERYTHING that is happening and what the OFT have done. They should be able to put you through to someone who deals with these guys specifically.

[asmilecostsnothing]

Hi magnic

 

Could also try this - http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195356

 

Link gives contact info for Community Legal Advice which is free to use

 

 

You have it in writing from the FOS, totally understand your upset - do NOT give in

[toptrapper]

Magnic,

Sorry, probably being a bit thick but when did you lodge your complaint with FOS? Minicredit have confirmed following the BBC investigation that they -

 

"as a one-off gesture of goodwill, Minicredit is settling all complaints lodged with the FOS last year. We would like to apologise to the affected customers if the service they received from Minicredit did not meet their expectations or the high standards we set ourselves as a company"

 

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

 

Are you suggesting now that they are not prepared to follow up on this "promise"?

[renegadeimp]

Minicredit... following up on "promises"? bwahahahaha

[magnic]

Spoke To FOS today apparently because I have loaned from mini credit in the past I am not included in debts they will write off. The md if mini credit has stated categorically no to writing off my debt. FOS have advised that I accept the offer if repaying the debt without the charges as that is what the adjudicator would rule

[renegadeimp]

Get back in touch with them. They have specifically agreed to settling ALL accounts that had complaints lodged with the FOS last year.

[magnic]

Who should I get back in touch with FOS? They have said mini credit are saying not my account

[renegadeimp]

Ask them for full clarification and also state that Minicredit explicitally stated that they would be settling ALL accounts that complained to the FOS last year. If yours was one of them, then they cannot go back on what they said.

 

However, if you didnt make a complaint during the stated time period, then youre back at square one.

[toptrapper]

Magnic,

 

That's bang out of order. Have FOS confirmed this in writing to you? I lodged a complaint against Minicredit last year with FOS and are still awaiting it to be passed to an adjudicator?

 

As far as I can tell, the statement on their website and on the BBC makes it clear that all complaints made to FOS during 2010 will be settled. If they've decided that they're renegading on their "promise", which to be fair isn't worth the paper it's written on - get back in touch with Money Box at the BBC, the link below will take you to it.

 

I'd be interested to hear if the BBC are interested in the fact that they may have been grossly misled by Minicredit if it's the case that not all cases will be settled??

 

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

[toptrapper]

magnic @ 15.31 - you must have a reference number for FOS? Also a point of contact? I'd suggest ensuring you obtain the info/ formal response in writing so you can raise to the media (should you of course decide to take that course of action).

[magnic]

Thanks very much. Going to use that link now will keep you updated

[magnic]

Yes I have a reference number I even have the offer of writing off the debt in full and final settlement in an email and a letter that arrived saturday

[renegadeimp]

Keep that letter as full and complete proof. If they refuse to adhere to it, you can then take a court judgement out against them.

[magnic]

I have today received a email from mac hall offering to negoiate repayment plan on balance minus the interest. Also checked my credit file and they have defaulted me for nearly two thousand pounds. They updated that in jan I thought they could not do that whilst account is in dispute. How do I get that removed

[magnic]

Anyone got any ideas on where I go from here please.

[toptrapper]

Have you raised this back with FOS and the BBC? If so, what did they say?

[renegadeimp]

The details should be on your credit file on how to dispute a default. You can always get legal advice. Especially since theyve since agreed to wiping the interest.

[blacjac289]

I have today received a email from mac hall offering to negoiate repayment plan on balance minus the interest. Also checked my credit file and they have defaulted me for nearly two thousand pounds. They updated that in jan I thought they could not do that whilst account is in dispute. How do I get that removed

 

Who has put the default on your credit file? MiniCredit or Mac Hall?

[magnic]

Thanks for the replies. Minicredit placed the default on

My file in jan

[magnic]

Quick update FOS have replied saying Minicredit

will not write off debt. Offer is loan amount minus

interest in full and final settlement. They also say

Minicredit had every right to default my credit

file as they have a responsibility to show true state of

account.

 

My questions now are should I accept this settlement

and I thought they could not default an account whilst

in dispute.

 

I have complained to oft and ico.

 

Advice urgently needed.

 

Thanks

[magnic]

Any help please?