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    • urm.. that's a telecom defence??    
    • Thank you all again.   I think the word story is quite apt as it is clear from the 29 points over 6 pages that my parents have insisted lots of frankly irrelevant and often untrue things have been included in the solicitors letter.   Here is me filling in the gaps!   There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy.   Not abandoned, it went to court and the court decided it should be sold and the £ divided between my Mother and my Uncle who were the only two children. So maybe they did own it whilst on the market? You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – who were the owners of the house.   Correct, it went on the market, a few people viewed it, my parents were awkward towards these potential buyers and then I made the offer to the estate agent and purchased it. This was in 1999. We talking about 20 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed.   Exactly, 20 years is ridiculous, and during that time my Father could have purchased it from me, instead of purchasing their own council house, if they really wanted to it 'back' as they keep saying. Yes market value in need of work and all above board. Although a lot of things have passed – including home improvements, tenancies et cetera, from the story you have told us, neither your parents nor your uncle have been involved in this at all. My Uncle has also sadly passed away.   I obtained additional borrowing to fund the work needed in 2008 (not mentioned in letter obviously) and have found some receipts, emails and mortgage letter to back this up, but in the letter my parents claim they paid for all this and carried out the work as I ‘had little interest in the property’ also all correspondence from letting agent is to me, but in letter claims by Father did all these and ‘I merely singed the tenancy’ which is rubbish.   One weird thing, the garden shed is still full of my Grandad's tools and my parents have the only key to this, have visited it randomly and instructed a builder person we both know over the years to trim the hedges. This was always been behind my back and have asked them to let me know or I can do it. I spoke to him yesterday and they have always paid him cash, so no paper trail.   Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Yes, although the ‘trust’ that is mentioned is literally something they have made up, assumed or otherwise. There is absolutely nothing to my knowledge of this kind in place.   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 20 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem.   Reason being it is referred to in the letter and quite representative of the whole letter, rambling. My point was it is not true and I am the one who has paid for these. It’s almost like they are trying to paint me as someone collecting the rent money whilst the did all the hard work and paid for things. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property.   Agreed You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event.   Lets hope so So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth.   Good point about me being a trustee, if, such a thing were in place. I had a google of the meaning and I honestly don’t feel it meets any of the criteria. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I wouldn't supply this to their solicitor but if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me but we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions     I do really appreciate your time and effort on this. Yes, when I read it all again, rubbish does spring to mind.   My parents have been very challenging to say the least and have no idea of the consequence of their actions. To be honest, they have almost shot themselves in the foot as there is so much detail in the letter, lots of which is untrue and I can prove this. If it ever got to court and I really hope it doesn’t, I can only think this would go against them.   I really do think the solicitor (who is the same one that rinsed them ££££ over the will) is just charging them for this letter, which may have been a good few hours with the unneeded detail, knowing fully well this wont go anywhere!   Another thing the letter requests that I confirm I wont sell, rent out or re-mortgage the property!!! I have literally just started a new mortgage and need tenants to pay the rent, I don't think this request hold any water at all?   I hope this does come to nothing and hopefully helps others along the way!
    • god no never invite pointless letter tennis   dx  
    • Hello and welcome to CAG.   I expect people will be along to advise over the course of the day but in the meantime have a read of other fake Oyster card threads here,  we have a few.    HB      
    • ive inserted their poc you need to align para numbers to that please      
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pdnr777

i need some advice about mini-credit/opos

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Hello, I am a new user on here and would like some advice about an issue that i am having with a mini credit pay day loan which has been sent to the debt recovery agency of Opos.

 

I have always had a good credit history with my bank and other financial institutions my whole life until about a year ago; I needed credit in order to pay off credit cards, overdrafts and to assist my parents. I was using loans and other credit facilities in order to pay off other debts. I had got myself into a pickle as my hours at work were severly cut instead of being made redundant. Eventually it got the stage where i was taking out payday loans in order to pay the debt repayments that i had on other debts. It got so bad that i was getting very depressed and suicidal and eventually i thought that i can no longer bury my head in the sand and sought the help of a debt management company.

 

All my other debtors have agreed to the plan but it seems that mini credit will not accept it and have sent the debt to Opos.

 

My inital payday loan was about £450 with the repayment total of about £850; when the debt was sent to Opos; i started receiving letters saying that the debt now stands at £2700.

 

My debt management company is saying that Opos will not accept anything off of them and will not freeze any charges or interest as that they are saying that it is fraudulent as i took out the payday loan within 30 days of starting on the debt management plan.

 

I have had multiple phone calls, voicemails, texts and emails off of them but after reading some stuff on the internet about them; i feel frightened to speak to them.

 

I am at a loss of what to do and would like any support or advice off of any of the other forum members that are in the same predicament as all it keeps saying in all the emails and texts that i have had from them is that they will escalate it to the next level; what does this mean??

 

Any advice or support relating to this would be most assistive

 

Many thanks

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Hi Welcome to CAG,

 

I take it you mean the dmp was started within 30 days of you taking the loan, one can see why OPOS are suspicious,

but none the less the amount now being claimed seem enormously high, have you asked for or received a breakdown of how the debt has risen to this level?

 

Never speak to these people on the phone, they will attempt to intimidate you in to making payments you are unable to afford.

 

You must certainly not enter in to any other loans/credit card borrowing to pay off this unsecured non priority debt, even if this company say you should do s.

 

Is this a paid for DMP you are in?


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Hi there,

 

First time posting on here but i always look around CAG. glad you guys and gals have this lovely little help service

 

Im also in trouble with Minicredit which has now escalated to Opos debt collection

 

I orginally took a loan out just after i lost my job to help pay my rent, i took a £100 loan which they charged me £20 fee for transferring the money

i defaulted on the loan and they email me with "you owe us £233" thats to start with, after 2 months i recieved a letter through the post (delivered by the postman) stating they are charging me £100 for doorstep collection... nobody has ever knocked my door or i would have spoken the representative, a month later the same thing, postman delivered letter, £100 charge added, no person knocked my door,

i email them 3-4 times saying i would not pay the amount they asked for and used an idea of offering the original loan amount plus 1 month interest, i had no response from minicredit....

 

3 months passed and i recieved a lovely death threat email from Opos saying i needed to pay £1062 immediatly or court proceeding will be filed with 28 days, i emailed them just now and told them to send it back to minicredit as i will not pay £1062 for a £100 pound loan

 

far as im concerned they can come collect the orginal loan amount and 1 month interest tomorrow if they want i got the cash in my kids saving account.

 

what action can anyone recommend as i feel very worried that my son's saving account may be empty by christmas 2013

 

please help me

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Hello, I am a new user on here and would like some advice about an issue that i am having with a mini credit pay day loan which has been sent to the debt recovery agency of Opos.

 

I have always had a good credit history with my bank and other financial institutions my whole life until about a year ago; I needed credit in order to pay off credit cards, overdrafts and to assist my parents. I was using loans and other credit facilities in order to pay off other debts. I had got myself into a pickle as my hours at work were severly cut instead of being made redundant. Eventually it got the stage where i was taking out payday loans in order to pay the debt repayments that i had on other debts. It got so bad that i was getting very depressed and suicidal and eventually i thought that i can no longer bury my head in the sand and sought the help of a debt management company.

 

All my other debtors have agreed to the plan but it seems that mini credit will not accept it and have sent the debt to Opos.

 

My inital payday loan was about £450 with the repayment total of about £850; when the debt was sent to Opos; i started receiving letters saying that the debt now stands at £2700.

 

My debt management company is saying that Opos will not accept anything off of them and will not freeze any charges or interest as that they are saying that it is fraudulent as i took out the payday loan within 30 days of starting on the debt management plan.

 

I have had multiple phone calls, voicemails, texts and emails off of them but after reading some stuff on the internet about them; i feel frightened to speak to them.

 

I am at a loss of what to do and would like any support or advice off of any of the other forum members that are in the same predicament as all it keeps saying in all the emails and texts that i have had from them is that they will escalate it to the next level; what does this mean??

 

Any advice or support relating to this would be most assistive

 

Many thanks

 

Hi, I to am a newly registered user on here and i have also had problems with Minicredit. I borrowed £100 for which they charged me £20 to put it into my account. I missed the payment date and tried to set up a payment plan with them because I was overstretched financially that month, and they refused to help. They kept raiding my bank account and taking £25 per day from it getting me into a right mess with the bank, because it was putting me into an overdraft situation, a facility I do not have with my bank at the moment.

When I asked them to stop doing this they refused, and said it was their right to take this money. I challenged this through my bank via the complaints process and got £50 of the money back. Minicredit then said I had committed fraud and were going to take me to court.

The next thing I had was a call from OPOS Ltd. saying I have been handed to them by Minicredit and that I owed £875 and that my payment plan was £50 .75 per month which I have been paying for the last few months.

It strikes me that Minicredit are in the business of ripping people off and acting very unfairly with their exorbitant charges. I think they should be investigated by the Government, and a stop put to this unlawful practice.

When people borrow money from these payday loan companies you do it knowing that you will pay a higher charge when it is paid back, but Minicredit are just ripping people off with charges that go beyond the norm. £750 on what turned out to be and in the end a loan of only £80 and not £100 as requested is nothing more than a rip-off.

Anyone else had similar experiences with this company. I would be interested to hear how you handled it because I am still trying to pay this back.:?:

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I can see that having looked at CAG there are many people who are in a similar situation to mine. What if anything, legally can any of us do to stop this rip-off by Minicredit /OPOS taking place, or is it a case of "hard luck" you've made your bed now you must get on and deal with it. Like cptbloor whose situation is similar to mine, I am at a loss to know how to tackle these people. I will not phone them because they just become threatening on the phone. They will not talk to my Debt Managment Company at all, so how do any of us tackled this kind of attitude.

Some advice would be helpful.

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If the debt has been increased using unlawful charges, then you need to get a full breakdown of the debt and what each charge relates to. This is important as it will form the basis of any complaint and any defence should they decide to take you to court. Without it, you will be going on guess work.

 

Once you get that breakdown, you can see each and every charge on it, be it legitimate or unlawful. You can then work out the correct balance, contest the erroneous charges and negotiate repayments.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Hi, I am in the same situation as you as I took out a minicredit payday loan with every intention of paying the loan straight off in full, but unfortunately due to my work hours being cut I was unable to do this. I passed the loan onto a Debt Management Company who have agreed to handle this, but Minicredit have passed my account onto Opos and they are now saying that they are going to prosecute due to fraud. I have tried to explain to them that this is not the case and due to a change in my financial situation, the loan could not be paid. The loan was originally for £200, but the outstanding balance stands at near to £1,000, but this could be more as Minicredit have blocked my account so I cannot check on their website. THe man who has been contacting me from Opos is very agressive and initimidating and when I finally plucked up the courage to ring him back, I informed him of this and all he said was 'I'm a professional'. He kept phoning me at work and when I said I could not speak to him because I was at work, he got even more aggressive.

 

I too felt very frightened to speak to them, but my DMC advised me to speak to them, just so Opos could produce a report, so I did finally ring them today and spoke to the very aggressive man, but he asked me no questions whatsoever. All he asked is whether I had done anything to help the situation I was in, to which I told him I had passed everything onto my DMC, but he then turned it round and said I'm not bothered about the payment side of things, I am talking about the fraud. but then in the next sentence he asked if i had done anything in regards to paying the outstanding balance off! He really contridicated himself. Again he was very rude and the conversation ended with him saying 'I will get back in touch with my client (MiniCredit) who will then begin prosecution charges'.

 

Obviously this has really worried me and I am at a loss of what else to do or how far this company will actually go.

 

Any advice and/or support would be greatly appreciated.

 

Thank you.

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Your main mistake is ringing them. They wont put any of what they have said in a letter. If im wrong and these accusations are indeed written then please scan and post them up. the oft would be very interested in this as they can lose their licence over this.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Your main mistake is ringing them. They wont put any of what they have said in a letter. If im wrong and these accusations are indeed written then please scan and post them up. the oft would be very interested in this as they can lose their licence over this.

 

I haven't heard anything from opos since monday but tonight at 9.14pm I got an email from them. It was a very long email but too try and cut it short, it claimed that I had failed to get in touch with them (which is a lie as I spoke with them on monday and clearly explained my financial situation) and could I contact them immediately to discuss my situation and to set up a repayment plan. Failure to do so would result in a decree/ccj being served and my employer would be sent forms so payment would come out of my wages and/or repocession of my property. I am going to forward the email onto my dmc but obviously the content of this has seriously worried me again. Also my original loan was for £200 but they are saying owe £1950 - where do I stand with not paying the charges that they keep adding on?

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dont pay them nothiing £200 plus £50 court cost is better than £1900 right? i borrowed 80 and they want £1062 so i told them to file court proceedings, they cant seize my goods cuz i only own a bed and my clothes, remember tho put money aside now for when the judge chops the cost down to loan plus 1-2 month interest and the court fees, keep track of your rec delivered letters and emails

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Eurgh. I thought some of the PDL companies I dealt with in my time were bad. These sharks take the biscuit.

 

First of all. Send OPOS and mini credit the telephone harassment letter. Send it recorded delivery. Don't speak to Mr R Sole (or whatever his name is!) on the phone again. There's no fraud been committed. He's talking out of his behind.

 

Name and shame your DMC also! I bet they're taking a fee from you an for what? Telling you to communicate with these vultures yourself! They're supposed to be working FOR you to stop things like this happening.

 

I can't see them going near a court with ridiculous charges like this.... A simple defence would expose these vultures for their unfair charges and their unnaceptable behaviour.


It never rains but it pours...

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