Mini credit emptied my account

[dazzaone]

I had a loan from these people of 100 . I had problems so emailed mini credit to explain, umsympathetic , rude, brash on the phone, anyhow as time went on i simply told them i wasnt able to afford and so on goes all the fines etc, MAY I REMIND MINI CREDIT EMPLOYEES THAT A PERSON IN DEBT IS NOT A CRIMINAL !!!!!!

Anyhow my bank card was changed and so mini had been trying to claim off my old card , but, because the funds werent there 100 turned into 320.50

Mini credit never had my new card details but the next payment on my income i am left with 6 pounds as they had taken the total ammount out , i was in receipt of a hardship form from them but i returned it to wrong email address although i still have a copy of what i wrote. does anyone now know how i can proceed,

I feel that due to the umpteen emails i sent and phone calls prior and during , to knowing that id be in difficulty that i told these people about

I see it as they should of worked with me as they have a record of them sending me a hardship form on the 30 th july.

Do i really have to hire a muck spreader and pay a visit ;-p jk

[renegadeimp]

Go to your bank and get a chargeback done. Tell them it was an unauthorised transaction. If it was done using a visa card, youre pretty much guaranteed one.

[dazzaone]

ty so so much , i really appreciate that , ty ;-)

[renegadeimp]

Be aware that some banks will say no. Even though its illegal. You need to stand your ground and be strong.

[dazzaone]

Well i received the bog standard letter back, final decision ( oh no is not ) and have replied with the following

 

Please note that due to an unsatisfactory outcome on my request , during and after and before you took the fees out of my account which was emptied, leaving me unable to buy foods and electric and basic living needs that i was deprived of by yourselves im now taking this matter to and not limited to the trading standards , the FOS, consumer credit group and the OFT

Any further communication must be via post, any breach of this will be noted as a breach of the consumer credit act

I also ask for a full breakdown of all charges incurred with a full view of recovering any excess ammounts that minicreditplc have charged me.

Please also note that my income is now from Benefits with which you have taken from my account which covered my living expenses

 

I already put the case in dispute before you emptied my account on that day, i was left with no food or electric, as for congratulating me, pls dont patronise , i had to take out the 80 that was left in order to buy basics ie food , electric etc which works out to 40 pounds a week for the 2 weeks , you will find you sent the hardship form on the 30 th which i mistakenly sent to wrong address prior to you retrieving the over charged fees

Im now going to take this case to the fos, and the credit regulator and consumer action group and will also take legal action

Please note i only wish to communicate via post and expect as previously asked for a hardship form .

With deep regret and under no prejudice i shall seek further to recovering the grossly over stated interest as i was within timeline of appeal .

All communication now will be recorded and sent , please respect my wishes as failure to do so will only be seen as contempt with any governing credit authority

 

Please take note of the following guidelines

 

3.1 This chapter identifies matters that the OFT considers to be unfair or improper business practices for the purposes of section 25(2A)(e) of the Act. These are set out under the following sub-headings:

• Communication: businesses should communicate in a clear, accurate and transparent manner

 

• Physical/psychological harassment: businesses should not engage in physical or psychological harassment of debtors, or relevant third parties

 

• Deceptive and/or unfair methods: businesses should be truthful and fair in their dealings with debtors and others

 

• Charging for debt recovery: charges should not be levied inappropriately or unfairly

 

• debt collectionvisits: those visiting debtors must not act in a threatening or unclear manner

 

• statute barreddebt: businesses should not use unfair methods (including misrepresenting the legal position) if seeking to recover statute barred debt

 

 

i. pressurising debtors to pay more than they can reasonably afford32 without experiencing undue difficulty33

failing to allow for alternative, affordable, repayment amounts when a reasonable proposal is made by a debtor or a third party representative acting on his behalf (for example, a debt adviser)

 

 

Charging for debt recovery

 

3.10 Charges should not be levied inappropriately or unfairly.

 

3.11 Examples of unfair or improper practices are as follows:

a. misleading debtors into believing they are legally liable to pay recovery charges when this is not the case

b. claiming recovery costs from a debtor in the absence of express contractual provision to be able to do so

For example, where there is no provision in the credit agreement that expressly allows for such charges to be levied.

c. not giving a clear indication in credit agreements of the amount of any charges payable on default

d. applying unreasonable charges.

 

In In the OFT's view, creditors should consider reducing or stopping interestand charges where a borrower evidences that he is in financial difficulty and is unable to meet repayments as they fall due or when he can only make ‘token’ repayments such that his level of debt would continue to increase if interest and charges continue to be applied

52 An 'unreasonable charge' in this context would be a charge, the level of which, is not based on the recovery of actual and necessary costs

 

So in view of you not adhering to OFT guidelines, can I please have your address to send a formal letter of complaint to F.O.S

 

PLS NOTE THE FOLLOWING WHICH WAS SENT TO ME DURING THE PROCESS OF ME TRYING TO ASK MINICREDIT PLC FOR A FREEZE OF INTEREST AND REDUCTION IN FEES

 

Microcredit Ltd is able to provide our Hardship customers three possibilities:

 

The first option is a settlement. The settlement means that when You contact our Customer support we are able to reduce the current outstanding balance and waive some of the failed debit attempt fees. The settlement must be paid over the phone during the phone-call with a debit/credit card.

 

The second option we are able to provide You is a settlement plan. We provide all our clients 120 days from the due date to make payments of any amount towards their outstanding balance. You would need to make at least one payment a month towards the balance. Before the 120th comes days You would need to make a Full and final settlement offer. Microcredit Ltd will then overlook all the payments we have received and they will be taken into consideration while calculating the settlement. The reasonable settlement amount must cover the daily interest for every day our funds have been used, the loan principal and the two penalties for breaking the Loan agreement. The interest is 1% of the Loan principal per day. We are able to decrease some of the failed debit attempt fees.

 

I will settle for any reasonable adjustment of the ammount that was taken that would be deemed to be fair under the guidelines

 

Without Prejudice

 

 

xxxxxx xxxxxxxx

15/08/2012

[renegadeimp]

Using the phrase "without prejudice" can be more trouble than its worth. Saying that in your letter, basically means should the debt go to court, you will not be allowed to use it in front of a judge.

[dazzaone]

Oops , thnx for that , not much i can do now , I have emailed the fos and will wait to see what they say but many many thnx

[renegadeimp]

Its ok. lets see what happens.

[dazzaone]

well,through all the emails i received from them, i received one yesterday , from a person who consistantly answered , they have agreed to refund the 20 attempts of 5 pounds each , totalling 100, . A ll through the silly emails they kept sending and with me being unwilling to step down and actually telling them i shall take them to court if needs be, and also repeating consistently to the emails, replying, thankyou for the furbishing me with the information, it will be passed on to the relevant authorities dealing with my case, ( inputting the F.O.S and others) they have backed down

Dont know if it would work for anyone else but dont give up, keep insisting, and do tell them they can argue the extortionate fees in court

 

Dear Mr xxxxxxxxx

The only charges that You are able to dispute in the outstanding balance are the debit attempt fees totalling £100 added to 20 unsuccessful attempts to receive the repayment.

Microcredit Ltd is willing to refund the debit attempt fees £100 for the settlement of the complaint.

Please confirm whether You agree when Your reply to my e-mail.

Kind regards,

xxxxxxx xxxxxxxx

MiniCredit

Head of Customer Support

and Claims Department

 

Make them sit up and take notice and insist