Minicredit !

[BRIGADIER2JCS]

Maybe so but that is only a small part of any such deliberation/ investigation it is obvious that regard must be given to Ts & Cs of a contract otherwise there is no pont to the investigation of a complaint.

[stitchly]

Fair point!

I stand corrected!

[BRIGADIER2JCS]

Too many years of dealing with FOS, OFT, ICO gives one an insight in to how the regulators work (or don't on 0ccassions).

[pat1421]

If they say fraud or even suggest it, you MUST report them to the oft. They are under investigation by the oft and have 10 weeks to change their ways or be closed down.

 

I did report them to OFT and gave witness statement on the phone. You see how Minicredit found my CPA cancellation letter now which they had disregarded before. So on 21.03.13 they waived some debit attempt fees in amount of some 50 pounds off my over 1000 balance yet admitting they received the letter on 04.03.13 (I sent it on 21.02.13) - what a delay on their side. Anyway they only acted so after OFT complaint to cover their back regarding CPA misuse.

Renegade, please what is your opinion about their hardship form? Should I fill it then or keep refusing?

Are they ever going to accept repayment offer of initial loan and interest or remain stubborn and apply for ccj after the 120th overdue day?

[renegadeimp]

Its up to you if you want to fill it in, just remember that if it goes into ANY detail, then they shouldnt be asking for it. Only a court can order it to be released. The ONLY I&E form they NEED is a simplified budget summary and sign it as a statement of fact. If they refuse this, then any court action would go against them.

[pat1421]

Thanks. I dont even have much time to calculate things and fill in their detailed form. I stick to basic I&E i gave them. Need to write another email to them and I just waste so much time for dealing with minicredit when I have other PDLs to deal with.

They should be closed down by OFT but I dont believe that will happen.

[renegadeimp]

Almost all PDL's have 10 more weeks to get their acts together or be closed down. Thats why every complaint is important. If people dont complain, then they have no right to complain about the way they are treated.

[fletch70]

I know for a fact that the form does go into detail.

It is a decision that most people in debt have to make. The whole point of a budget in the form of the CFS is to standardise the issues.

NEDCAB do a good online one with guideline figures.

 

They also need to remember that just because it is in a contract doesn't make it automatically legal. Unfair terms and conditions spring to mind.

[pat1421]

It is a detailed form and they want details of every creditor and dates. This is not in the loan agreement that I have to provide this hardship form and any documents as a evidence. I didnt find anything in OFT irresponsible lending and debt collection guidances that says I have to provide a detailed I&E form and necessary documents to evidence financial difficulties to be only considered for a repayment plan. I think that being in a debt management plan is enough evidence of ones financial difficulties.

[fletch70]

Usually if you are in a debt management plan the DMC provide each creditor with the CFS or similar. If discredit are refusing to take that on board in my opinion that is their problem.

However my attitude to PDLs is. rather gung ho. When i first got in a mess with them i paid the ones that were reasonable and didn't pay the others until they changed their attitude and came up with a reasonable amount and plan.

Discredit are still waiting.

[pat1421]

Hi Fletch so you still have outstanding and increasing balance with discredit? Is it over the 120th day overdue? Did they mark your CRA file and try with a ccj? I am asking as Id like to know what to expect when my loan reaches that 120th day. I will keep offering them repayment of original loan and interest and one default fee over 10 month deducting ea

[pat1421]

And every month I will deduct from my offer payments sent to them from my DMP. If they dont accept cheques then its their problem.

[renegadeimp]

That excuse wont work pat. The best way to do it is to send a postal order and deduct the cost of the PO and stationary used from the total debt owed. You are within your legal rights to do this as they are refusing a valid payment method.

[fletch70]

Hi Fletch so you still have outstanding and increasing balance with discredit? Is it over the 120th day overdue? Did they mark your CRA file and try with a ccj? I am asking as Id like to know what to expect when my loan reaches that 120th day. I will keep offering them repayment of original loan and interest and one default fee over 10 month deducting ea

 

Hi Pat.

So far as i know the debt has levelled out but i haven't heard from them for a few months. They have marked my credit file with a default but they have not issued a S87 default notice. Lots of threats but nothing concrete. To be honest i may not hear from them again as they know i have enough on them to counter claim for damages.

[pat1421]

That excuse wont work pat. The best way to do it is to send a postal order and deduct the cost of the PO and stationary used from the total debt owed. You are within your legal rights to do this as they are refusing a valid payment method.

 

Until I agree with them any reasonable balance I will only pay them through my dmp. If they dont accept cheques its their problem. I dont know what I actually owe them as the balance is in dispute.

[pat1421]

Hi Fletch

So they will never negotiate to agree a reasonable balance to both sides. But they do mark default on credit files. Did you try to rectify it with CRAs?. Can they

mark a default without first issuing a proper default notice?

I think now that they dont care if a few customers like us wont pay them that unfair excessive amount of money they just demand because a majority of people being unaware and threatened will pay back anything they want. Their action to extortionate money from customers in a legal way works fine for them, I believe.

[fletch70]

Hi pat. Yes they do not need to issue a DN prior to marking a default. A letter saying they intend to mark your file is enough. I did try to get it removed but to no avail. If you are paying through the DMP just make sure they only get what they deserve.

[renegadeimp]

Fletch is partly correct. They still need to issue a letter that says they intend to issue a default, but they need to give you a decent amount of time and tell you how to rectify it in that time. They cannot use it as a threat or blackmail against you.

[BRIGADIER2JCS]

A default notice must allow 14 days to rectify the default if it is not rectified the default is placed at anytime after the expiry of the time limit, the ICO states that this should usually be within 6 months of the cause of action.

[pat1421]

Yes there is time to rectify things but Fletch tried but to no avail. So they will mark a default on my files because I cannot pay them over 1000 and I have to live with it. Anyway I keep the dialogue with discredit and keep you guys informed. I hope this and other threads about minicredit will attract other troubled customers of theirs. We need to spread a word, we need more people to make complaints to OFT about improper practices

of discredit. The more evidence, the sooner OFT will enforce them.

[fletch70]

A letter of intent should give you 28 days. Problem is they can pretty much default you when they like and it is difficult to do anything about it.

[pat1421]

I would have then 28 days to pay over 1000 pounds they demand. Impossible to avoid a default mark in this case. Anyway I think I will stop paying them through dmp as it was confirmed they didnt cash any cheques so monies are like frozen, unused. No point sending them more cheques then, let money go to other creditors.

They will mark a default but wont agree to a reasonable repayment plan and probably wont apply for a court action. So

I will be stuck with this debt. Even when I raise enough money later on and send them full payment of 372 pounds (original loan and interest) by postal order or pay by a prepaid card, the rest of the balance they unfairly charged, will remain on my account with them as outstanding debt. If they sell it to any debt collection agency I will be harrased again over this debt. This is nightmare.

[fletch70]

Pat try not to stress. A default on your credit file is,it seems,inevitable but i suspect you have some already. If you stop paying the account will probably go to opos who will be more amenable to arrangements and full and final settlements. I am hoping beyond hope that in a few weeks time they will lose their ccl. Of course they will still be allowed to collect monies owed.

Did you know that my predictive text on my tablet puts discredit when i type minicredit. How appropriate

[EddiesMum]

If they say fraud or even suggest it, you MUST report them to the oft. They are under investigation by the oft and have 10 weeks to change their ways or be closed down.

 

I am actually waiting for this.... before I send my full and final settlement. Do you know when we are likely to hear?

[renegadeimp]

There is still another 2 and a half months yet before they even consider doing anything