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    • Yup and if you don't have / can't find the default notice, you can SAR the Original Creditor. That should contain the date the default notice was issued, sent out and sold to the DCA.
    • Sorry I missed the part about the message. Excellent news that it was clean so that we can say that any damage has been caused was hundred percent by virgin. Once again, please make sure that you have got copies of all data anywhere which is related to this problem – including damaged credit file – et cetera. If virgin do start correcting their records and deleting data then your credit file will be updated within two or three weeks and it will then be difficult to get hold of the history. Of course what would be funny would be if they simply updated your credit file as "settled".
    • My credit file was clean before this-the only missing payments or problems are those with Virgin. I did address the question of the number of the mystery handset in the post above-it just gives out the message stated. I shall get in touch with Sunderland Crown Court about the first claim-the chap from Reading said if it was their area(South East) it would be able to be as you now have an address where it is proved they could be served, but he didn't know if it was the same in every area. Obviously, it is not just a change of address but also a change of area and so a change of court that will be dealing with it.
    • They are making a big deal of the supreme court case Prudential, that compounded interest is not applicable.   A mistaken payment is not a transfer of value and such only simple interest applies    Judge thinking of striking out compound interest
    • Great, thanks for the update. I sort of wish that I hadn't suggested the ICO complaint now because clearly virgin are on notice and they seem to have expressed an intention to erase data. I didn't realise this was going to go on like that. So you've got some money in the bank – and the other thing is that it is evidence that they are aware of everything and is there is not even an attempt to challenge the judgement, I think that amounts to a bland acceptance of the responsibility – although I suppose they would say that they simply paid because it made economic sense. So I wonder what is happening to the first one? Are you able to enquire? So the clock is ticking away on the third one so we will move on to the next stage as soon as that time limit has expired. I think the fact that there are two judgements against them – and one of them has been satisfied now will assist your latest claim if it gets as far as a judge to show that virgin are serial breachers of their data protection obligations   I asked earlier on if you had a telephone number for the mystery handset and whether you had tried calling it. Also, could you address the question I put about the state of your credit file. Also, have you got copies of everything – including credit file – in case everything gets cleaned up?  
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Mini credit and excessive charges.


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I'm posting on behalf of a friend.

She took a payday loan out with Minicredit in February this year for £100. She received £80 after having £20 deducted for a draw-down fee.

She was due to pay the total loan +interest of £130 mid march but due to unforeseen circumstances, there was not enough funds in her bank for the d-card transaction to take place.

She thought about extending the time on the loan online but they wanted £50 just to look at it.

Minicredit then attempted to take money from her bank on a few occasions without success but they added charges onto the loan.

Because my friend is on a low income, is a single parent with 4 children, she was worried they'd try to take the full amount of debt (on a continuous payment authority) so she asked her bank for advice. They said there was no point cancelling her d-card as they will be able to take funds straight from the bank account (is this true??).

Since then Mini credit has taken £50 about 2 weeks ago and then 3 amounts totalling £150 in the early hours of 25th April. This meant she was unable to buy her groceries for the family and is now very stressed over this situation. (She sufferes with anxiety/depression/other conditions which has been made worse because of the stress).

Her bank has now confirmed that they have cancelled the continuous payment and said they'd refund any payments that Minicredit may take in the future.

My questions are:

1) is there anything else she can do to make sure Minicredit can't take anymore funds?

2) what can she do about the excessive charges?

3) should she be able to get some funds back from Minicredit?

SAFU

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Get your bank to fully refund those charges and get that CPA cancelled. you also must report minicredit as they have already had their credit licence actioned for this, and are on the verge of losing it. They seem to be doing one "last hurrah" lately as the FCA are coming down hard on PDL's.

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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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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  • 4 weeks later...

I had a loan of £120 with minicredit an I couldn't repay it for 2 months, I paid back £175 an they still believe I owe them over £500 I'm refusing to pay that! I would rather take them to court! NO ONE USE THESE LOAN SHARKS!! If you going to get a payday loan there are plenty out there which are much better then minicredit! DO NOT USE MINICREDIT!!!!!

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  • 4 weeks later...

Hi. I have an update on this issue.

CPA cancellation has been enforced so no more debits are being taken. My friend has managed to get a fresh bank account and card.

However, today she received a letter from Minicredit that is very upsetting. I will type it below:

 

Dear ##

Microcredit ltd (trading name Minicredit.co.uk) has received a chargeback regarding the payments debited from your debit card. We would like to remind you that by signing the loan agreement you have authorised microcredit ltd to debit payments from your bank account using the debit card details registered with us.

 

It is considered FRAUDULENT BEHAVIOUR TO MAKE A CHARGEBACK when you have registered and RECEIVED THE SERVICE regarding which the payment has been taken.

 

You have broken the loan agreement and your account will be forwarded to our debt collection partner. They will contact you in due course.

 

We also report your illegitimate actions to relevant national register what may severely reduce your ability to receive credit or other services in the future. We advise you to immediately contact your bank and WITHDRAW THE CHARGEBACK to avoid further escalation of the matter.

 

Kind regards

Minicredit.

 

 

 

Is any of what Minicredit is threatening within the law? (Debt collection obviously are).

My friend is planning on going to CAB for advice for all her debts but I wanted to know we she'd stand and what she (or I on her behalf) can do about this.

SAFU

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Report them. It is not fraud to make a chargeback at all.

 

Theyre trying to scare you into letting them keep the money

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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FCA and file a full complaint with minicredit so you can get the FOS involved as well. IIRC, theyve tried this trick with a few other CAG members too.

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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