Opos/Minicredit Advice please?

[jeeves19831]

Good day to you all.

 

I had a loan with Minicredit. Stupidly using it as a means to pay off my ex wife and start my new life. Whilst trying to deal with them they have become completely unhelpful and im starting to get worried. After looking at the advice on this forum, i have written a response email to them.

 

First question is, Has anybody had any success whilst fighting Minicredit/Opos including court success?

 

And secondly, is these emails and my replies suitable or over the top etc

 

 

Mr xxxxxxxxxx

 

 

Mini Credit – OP3xxxx

 

 

 

We have been instructed to recover £1077.00 for the above client.

Our client has informed us that you have borrowed funds and you have failed to pay them back.

 

Should this balance remain unpaid we are left with no other alternative than to recommend to our client that we look to secure Judgment (CCJ) for the recovery of the above amount including any incurred costs.

 

We are aware of your circumstances and your employment details and we feel we have gave you plenty of opportunity to resolve this issue you have left us with no alternative but to secure a wage allotment against yourself.

 

A Final Notice of Intent will be issues within the next 14 days should you fail to acknowledge this request.

 

 

Regards

 

 

 

My Response to this email was:

 

 

To whom this may concern.

 

I have contacted your department today, and have been offered a full and final settlement of £300. Considering the balance is a whopping £1077 from a £150 loan, i feel that this should be the complete balance. I was also made aware that you would be applying for a detatchment of earnings from my employer. If you did this, you make my entire family homeless as we would not be able to afford anything. I therefore suggest a regular payment of £10 per month until i have paid upto the £300. If your department is willing to slash £1077 to £300, then this should happen across the board, especially when the customer in question is not well off. The rest of the debt would be written off. I have attached my SOA to this email to show how little we can afford.

 

I there is no type of agreement, i will contact my legal representative and instigate court action, stating that a £1077 debt from £150 is dispropotionate from the original loan amount and that you are not following the responsible lending code correctly.

 

Any and all correspondance should be through email from this point on.

 

 

They then replied:

 

 

We can settle the account at £300 but we will not accept your payment proposal. This is a payday loan that was meant to be paid back on your next payday the very minimum we can accept is 3 payments of £100 first payment required on Friday 28th September

 

 

And this is my final email. This is the one i would like advice on:

 

 

 

Brian,

 

Please find attached our SOA. As you will see, we cannot afford £100 per month.

 

I have been advised by my legal representative, that by law, you cannot get an allotment of earnings without first defaulting me, which i know you haven't as Opos/Minicredit do not appear on any of my credit files (as of 26/09/2012), but you must then apply to the court for a CCJ. Any application you make to the courts WILL be wholeheartedly defended by myself as i have made offer of payment dictated by my SOA, yet you are still happy to try and ruin a consumer, whilst completely ignoring your responsibilities under The Credit Consumer Act and OFT guidlines. You also must accept any form of payment that we offer you. If you decline, then we will be forced to either go to court, where you will only be offered what little we can afford based on this SOA, or worse for you, we will be forced to go bankrupt and you will get nothing. The total amount owed by me to you will also only stand at the original loan amount plus the 31 days interests as outlined in Section 87 of the Credit Consumer Act.

 

Broken down this will be the total monies to be paid to you by myself:

 

Loan @ £150.00 + 31 days Interest @ £45.00 = Total Amount payable £195.00.

 

This will be paid at £10 per month as per my initial offer.

 

This payment will only commence when i have received a copy of my credit agreement. If you fail to produce it within 12 working days of this email, you will have defaulted, any legal action impossible, but also the debt will possibly become unenforceable. I also would like to point out that denying me a copy of the credit agreement is also against the law, again as stated within the Credit Consumer Act.

 

If in the future, my financial situation changes, i will happily up any payments i make. In the mean time, you have a legal obligation to help those in financial hardship. If you do not, this will be a breach of the law and the OFT and the FOS will be notified and legal proceedings will commence. Regardless of whether this is a Payday loan or not, you are bound by these regulations just as all major high street banks are.

 

I would also like to point out that threatening behaviour will not be tolerated. Please be advised that I will ONLY communicate with you in writing. Should it be your intention to arrange a doorstep visit, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

 

There is 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.

 

Please take this email as an official offer of payment, and that should you decline and court action commences, that it will be used as evidence along with all other forms of correspondance between myself and Minicredit/Opos.

 

 

 

So guys what do you all think? Is it too much too soon, or does it hit the nail on the head? Please cut/paste/edit/highlight to your hearts content.

[renegadeimp]

Minicredit are one of the worst and think regulation/law doesnt apply to them. youre on the right track but dont go into too much detail too soon. The best way is to negotiate. Remain calm and polite and put forward proposals. If they ignore it, then you can get tougher on them as youve proven your side but they choose to ignore it.

[jeeves19831]

Thank you. Would you be able to highlight the bits that i should remove from the email please. That would be a massive help.

[renegadeimp]

Ok. Ignore their threats about court action and ficticious attachment of earnings. IF ( and its a very big if) they take you to court, you will get your chance to show your side of the story to a judge and prove what you say is true.

 

Minicredit has tried to take people to court, however almost all the time, they either back out when they see a defence has been filed, they try to get you to agree out of court so a judge doesnt get to see their unlawful/illegal business practices, or they simply do not appear at the court.

 

Ill write you a response to send sometime this afternoon. Theyre easy to deal with, you just have to be careful what you say to them.

[jeeves19831]

Thank you. Feel happy taht you have stepped in Renegadeimp. Seen loads of your posts across this board and i must say, they all seem very well informed. Glad i have you on my side.