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Mini credit troubles threating legal action!

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Hi everyone this is my first time posting on these forums and i find myself in need of some advice!

 

i took out a payday loan with mini credit which was due to be paid back on the 25th of October 2013, i started college and had a reduced income for that month and the forseeable future. after looking around mini credits website i realized there was hardly any way to contact them! i requested a call from them on the 20th of october and also sent an email asking for a repayment plan that same night only to have an automated response saying:

 

Dear Sir/Madam

 

Please use ww. minicredit .co. uk /contact page to send Your question.

 

Kind regards

Mini Credit .co . uk

Customer Support Team

 

As i had already done that i searched around these forums to find an alternative email address to use other than the info @minicredit one and found one for collections @minicredit.co.uk on the 23rd of October i against sent an email to mini credit stating:

 

Dear minicredit.

 

I am not in a position to make a lump sum payment to pay off my mini credit loan debt. This is not a decision that i have taken lightly and realize my obligation to pay back this sum of money of £243.18 due on the 25/10/2013. This is due to me starting full time education and now receiving lower wages than i originally anticipated.

 

I did try to contact you earlier but received no response after trying though your website

 

I am hoping that we can come to a repayment agreement that meets the interests of both of us where you get your money back at monthly payments that i can afford and so continue to pay my priority debts and living expenses I would also kindly ask that you suspend any interest chargers occurred in my repayment plan so i can pay you back the £243.18 that i owe in a fast and timely manner.

 

i understand the impact this will have on my credit report and deeply sorry for the in convince caused

 

I also kindly ask that you contact me by email only as this is the only way i will communicate.

 

Kind regards

 

i then went to bank and asked them to cancel the cpa for mini credit, i didnt inform mini credit of this i wasnt sure i was suppose to or not?!

 

on the 25th the due date mini credit took the £243.18 i owed them and a few days later the bank refunded me, in this period i had no emails or phone calls off mini credit till i woke up to text message today saying:

 

We have the right to start legal action and inform the national chargeback database about your fraudulent chargeback to reduce your credit rating.

 

i rang them up after this message to say i have had no communication off them and that i had emailed asking for a repayment plan they claimed they had email me but the only email i have received was the auto response one i posted above and that it had been passed on to collections and i couldnt set up any plan till my bank informs mini credit of the charge back or something along those lines.

 

So please any advice about what i can do next im very stressed with this whole cycle and just want to get out of this mess so i can concentrate on work and my studies.

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You need to get on to your bank. The transactions should have been blocked. Not allowed to happen, then refunded. Be aware that minicredit use unlawful tricks to try and get you to pay more than what you owe. As youve already seen, they arent above lying.


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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the bank allowed the transaction through and then refunded me late last week, but from the time the the money went to mini credit 25th i got refunded about a week later and hadn't heard anything off mini credit until this morning when they text me saying they have the right to take legal action because of the charge back service so i don't know what my next steps should be they said they had blocked my account on the phone so i had no emails off them or anything i have no idea what i owe now or what interest has been put on.

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Again, your bank is wrong and have acted unlawfully, although to their credit they did refund the money... eventually.

 

They also cant take legal action because you got a transaction cancelled, which is your legal right. They are breaking OFT guidance, and you need to report them.


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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thanks for your replies renegade, what im worried about now is minicredit have blocked my account so i have no idea whats going on they have made no contact to me through emails or telephone or anything other than the text this morning to tell me they have the right to take legal action so i have no idea what charges are been applied to my account either and said they cant set up a repayment plan till the bank informs them about the refund.

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Minicredit are doing their normal silly, childish things. Theyll block it, then say they have added on extra interest/charges ( both unlawful) then theyll say they have passed it on to their DCA partner. When in reality, theyve simply passed it to the next desk in the same office.


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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Thanks once again for your replies renegade, so how should i go about reporting and who to, OFT or FOS or both?

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Minicredit are the biggest bunch of shysters out there. They love to play the fraud card...did it to me .

 

I assume that thing called kristel is still there head of bull sh1te and her email address is kristel.martinson@minicredit.co.uk

 

They will try to lie, bully cheat, put huge charges on the account as well as tell you that they will only accept payment by debit card. Do not fall for that.

 

I would send a letter headed FORMAL COMPLAINT stating your case

1) You tried to contact them to arrange a payment plan

2) As is your right you instructed your bank to cancel the CPA and if they ever dare accuse you of fraud you will have them in court

3)That as is your right you wish to be contacted by royal mail only (there is a template in the library)

4) Refer them to the OFT guidelines on debt collection OFT664(rev) (If you need some little gems from it let me know)

Then offer them a repayment plan of what you can afford and ask for their bank details.

 

I would post one signed for then email the same to any email address you can find.

 

Usually I would say this was going over the top but I know these parasites of old and being reasonable is not in their vocabulary.


Any opinion I give is from personal experience .

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thanks for the reply fletch! should i ask to see exactly what interest is getting added to my account to?! they have left me in the dark with everything so want to get as much evidence as i can so i can complain and report them!

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To be honest I wouldn't ask,if my experience is anything to go by it will only upset you. It's not as if you are going to pay it anyway now is it.

My debt went from 220 to over 1200 in a matter of weeks , god alone knows what it is now.

 

The reason I say head it formal complaint is that if they have not resolved it within 8 weeks you can take it to the Fos and it all goes against them. I doubt they will be around much longer (or is that wishful thinking)


Any opinion I give is from personal experience .

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ok thanks for your advice fletch i will get emailing them tomorrow with any addresses i can find! i will even do it in writing to so they have no excuses!

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i tried the info mini credit one and that just sent an auto response when i first asked for a repayment plan and someone else had one for collections@minicredit so i emailed my payment plan through to them but had no reply from them at all thanks for all the info though!

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Well good luck.

Looking at the website it seems they may be trying to clean up their act but i won't hold my breath.

 

Come back if you need more help.


Any opinion I give is from personal experience .

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Hey all just a quick update i have now sent the following email to every mini credit email address i have thats 4 of them the info, collections, claims and kristel ones. i will keep you updated as to what happens next also been to citizens advice today to as i look to get out of debt hears hoping!

 

Dear mini credit

 

i am emailing you to formally complain about the way you have treated myself as a customer and the way in which you have conducted yourselves in your treatment of myself.

As you are aware my bank has refunded me £248.18 that was owed to you. This was received by you but refunded back to me due my cancellation of my CPA. After this you then responded by text calling me a fraud. I have found this very distressing and highly offensive I have tried to contact you on numerous occasions asking for a repayment plan. To this you have still failed to respond. It is my legal right by law for me to cancel my CPA and due to your lack of response I felt this is what I needed to do. I also feel that your lack of response is due to the fact you may now charge me more interest which I find totally unacceptable.

 

I tried to request a call as it says on your website but received no call from your advisers, I also sent an email that same night Sunday 20th of October only to receive an automated response back telling me to use your website which I did.

 

I also sent another email on the 23rd of October to another email address of yours asking for a repayment plan and also stating about how you have failed to get back to me again I have received no response until you text me calling me a fraud.

When I did finally speak to an adviser he informed me my account had been blocked and i have still had no response from yourselves. I now have no idea what interest you are charging to my account. The lack of communication and your transparency as a company is very worrying and led me to seek legal advice

Hopefully you will read this and we can come to a repayment arrangement to pay off my loan, I will also not hesitate to contact the FOS if I feel I have been unfairly treated and if you’re being unreasonable

 

As is my right I only wish to communicate by email or post and will be a sending a copy of this letter to every email address I have for your company as well as by post.

 

Kind regards

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Have you posted it, well done for not taking their ****e


Any opinion I give is from personal experience .

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Hey all another update received 2 emails from mini credit today the first one being:

 

FINAL NOTICE - FURTHER DEBT COLLECTION CHARGES HAVE BEEN ADDED TO YOUR ACCOUNT AND YOUR CASE IS NOW BEING REFERRED TO OUR DEBT COLLECTION AGENTS

 

Date 8. November 2013

 

TOTAL BALANCE DUE £473.58

 

 

 

Your account will now be transferred to OPOS Limited who will contact you seeking payment of your debt.

 

If you wish to avoid further action, please make payment immediately or contact us on 0871 890 3015 to discuss resolving this matter.

 

Yours faithfully

 

Minicredit.co.uk

Debt Recovery

08718903015

www, minicredi t.co.uk/contact

 

And the second from there actual complaints team:

 

A MiniCredit Claims Department member has replied to your claim, with the following response:

 

The Following Response is being sent to You according to the Formal Complaints Procedure.

 

 

 

As the Continuous Payment Authority was provided to Microcredit Ltd under the Loan agreement then in order to make adjustments to the current Loan agreement we would need to receive a written request for the cancellation of the Continuous Payment Authority with Your actual signature underneath. Until then the system will still act according to the Loan agreement.

 

 

 

According to the Payments Services Regulations (PSR) by cancelling the Continuous Payment Auhtority with the creditor when the Customer still has an outstanding balance, the Customer needs to provide an alternative payment method. Also this card then cannot be used anymore for making payments.

 

 

Please confirm when and how have You sent the notice for the Cancellation of the Continuous Payment Authority?

 

 

We hope this response has sufficiently answered your questions. If not, please do not send another email. Instead, reply to this email.

 

Kind regards,

Minicredit Claims Department

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As per they are talking crap.

Yes by cancelling the CPA you do still have to repay the debt but you do not have to do it the way they say

http://www.fca.org.uk/news/continuous-payment-authorities-your-right-to-cancel

 

I would reply with a copy of that. I can not express strongly enough my hatred for these people but live in hope they won't be around for long

 

As for your balance you are getting away lightly lol

I know of two people who had £100 escalate to £1000 (well on paper anyway)


Any opinion I give is from personal experience .

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I also found this on the OFT thread to

 

Cancellation of the contract

 

Businesses should ensure that customers are aware of any statutory or contractual right to cancel the CPA, or the underlying contract, or to cancel automatic renewal terms, and that they are clear about the process involved and alternative payment options.

 

The procedures for cancellation or amendment of a CPA should be reasonable and should not be subject to any unnecessary or unduly complex process.

 

Requests for cancellation should be responded to promptly, and no obstacles should be put in the way of a customer cancelling.

 

It is good practice to enable the customer to cancel using the same medium as was used for CPA sign-up (for example, if sign-up was online, there should be an option to cancel online).

 

If a consumer cancels the CPA, the business should stop attempting to take money from the consumer's account. No fee or penalty should be charged for the act of terminating a CPA itself (and any underlying contractual liability will be subject to the UTCCRs)

.

Businesses should be aware that in certain circumstances a minimum term period in a contract may be unenforceable under the UTCCRs, [see note 4] and in such cases attempts to enforce such a term may be a criminal offence under the CPRs.

 

Customers should not be misled regarding their rights to cancel. In particular, they should not be told they are required to contact the business before (or instead of) the payment service provider. [see note 5]

 

note 5. Under the PSRs, consumers can cancel any future transaction at any time up to close of business on the preceding day. The transaction can be cancelled either with the trader or the payment service provider (the customer's bank or card issuer). It is good practice to notify the trader, particularly where there may be an underlying contractual liability, but this is not a pre-condition for cancellation.

 

It only states its good practice to notify them not that have to, to get in cancelled - the only thing i haven't done yet is set up a way of paying them back which i will mention when i ask for a repayment plan yet again!

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Just another update i have now sent them the following email lets see how they respond!

 

---- Do not edit! -----

 

 

 

Dear mini credit

 

Thank you for your speedy response to my email.

 

 

 

However I do have some questions, why do you need a hand written letter and signature on the CPA?

 

 

 

As my original loan was applied for online why would you need a hand written letter and signature from myself?

 

 

 

Why has this been referred to OPOS Ltd debt collection agency when you have not responded to any of my requests regarding my repayment plan due to my change in circumstances?

 

 

 

Why have i now only received a reply from you after I have taken my right to cancel the CPA?

 

 

 

And I’m also slightly concerned of your interpretation of the PSR rules as according to the OFT and the FCA websites I do not have to inform you of my cancellation of my CPA I can do it direct with my card issuer i.e. my bank.

 

 

 

The quotes from the OFT website is as follows:

 

· The procedures for cancellation or amendment of a CPA should be reasonable and should not be subject to any unnecessary or unduly complex process.

 

 

 

It is good practice to enable the customer to cancel using the same medium as was used for CPA sign-up (for example, if sign-up was online, there should be an option to cancel online).

Customers should not be misled regarding their rights to cancel. In particular, they should not be told they are required to contact the business before (or instead of) the payment service provider

 

 

 

Under the PSRs, consumers can cancel any future transaction at any time up to close of business on the preceding day. The transaction can be cancelled either with the trader or the payment service provider (the customer's bank or card issuer). It is good practice to notify the trader, particularly where there may be an underlying contractual liability, but this is not a pre-condition for cancellation.

 

 

 

Judging from those guidelines it is clear to me your company is in breach of some of these, and I’m in my legal right to cancel the cpa without notifying you therefore no fraudulent activity has taken place like you have accused me of specially as I tried to contact you 3 times prior to the payment due date.

 

 

 

I do acknowledge the debt I have with your company and wish to pay it back but only on a repayment plan that I can afford via a standing order this is also my 3rd or 4th time asking for a repayment plan with your company.

 

 

 

I also notice my debt has soared up over £250 of the original due amount? Can you please give me a breakdown of charges and how you have justified this amount?

 

 

 

I hope we can come to a speedy solution to this situation

 

 

 

Kind regards

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Hi dunomike can you tell me how you got on with Minicredit? were you able to come to an agreement with them, I have a loan due with them next week for approx. £300 but I cannot afford it. I am worried sick at the moment as reading this and other posts is looks likely it will increase to thousands :-(

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Hi dunomike can you tell me how you got on with Minicredit? were you able to come to an agreement with them, I have a loan due with them next week for approx. £300 but I cannot afford it. I am worried sick at the moment as reading this and other posts is looks likely it will increase to thousands :-(

 

It can increase to whatever they want. it doesnt mean it is lawful or you have to pay it. Secure your bank account or better still, get a new one and get your money paid into it, then tell minimuppets that you will be doing a repayment plan for what you can afford.


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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Hi dunomike can you tell me how you got on with Minicredit? were you able to come to an agreement with them, I have a loan due with them next week for approx. £300 but I cannot afford it. I am worried sick at the moment as reading this and other posts is looks likely it will increase to thousands :-(

 

I had to fight Minicredit through FOS and the one thing that really pushed the balance in my favour was the fact I contacted Minicredit as soon as knew I was in difficulty.

So email them with your proposals of repayment asap as they have to show compassion towards debtors in financial difficulties!!!! lol They wont and that is the one of the main things the FOS didnt like!

Be prepared for a rough ride but use all the info on this forum and you can and will beat this company.

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Just keep fighting minicredit. Keep in touch with them by writing or email.

 

Mine went from 220 to 1200 in weeks, not paid or heard from them in 18 months after threatening them with hell and damnation for breach of codes etc


Any opinion I give is from personal experience .

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I had to fight Minicredit through FOS and the one thing that really pushed the balance in my favour was the fact I contacted Minicredit as soon as knew I was in difficulty.

So email them with your proposals of repayment asap as they have to show compassion towards debtors in financial difficulties!!!! lol They wont and that is the one of the main things the FOS didnt like!

Be prepared for a rough ride but use all the info on this forum and you can and will beat this company.

 

Good advice when dealing with ANY creditor. :)


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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