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Hi

 

I am being pursued by Opos for a minicredit payday loan taken out in March 2012 for £150 which was to be repaid in 25 days. Opos are claiming around £764 saying that the original amount owed was £1189 - they came on to me back in 2013 and I paid Opos a total of £400 by installments.

 

Last payment I made was in January 2014.

 

Opos has sent me a 'statement' showing the following:

 

Status Debt collection Loan sum £150

Order date 07. March 2012

Interest £238.5

Due date 01. April 2012

Penalty £80

Attempt fee £640

Debt expenses £100

Total £1208.5

Balance £1189

 

I see that minicredit ceased trading in 2014.

 

I have emailed Opos asking how the above charges are calculated etc. No reply as yet.

 

What should I do?

 

Fred

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Hi

Although they have folded, parts of the company are still able to answer questions.

 

Kapama took over the books of MiniCredit and used Opos to collect debts so you still have the opportunity to get the charges challenged. As it is, you have paid them more than they deserve so no more payments and follow the Formal Complaint route.

 

This should be done in writing, via snail mail and sent by Signed For Delivery so they cannot deny receiving it. The charges are unlawful and should be removed.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi

Although they have folded, parts of the company are still able to answer questions.

 

Kapama took over the books of MiniCredit and used Opos to collect debts so you still have the opportunity to get the charges challenged. As it is, you have paid them more than they deserve so no more payments and follow the Formal Complaint route.

 

This should be done in writing, via snail mail and sent by Signed For Delivery so they cannot deny receiving it. The charges are unlawful and should be removed.

 

Hi,

 

Thanks for this. Where can I find the formal complaints route - and where do I find the evidence to substantiate the claim that the charges are unlawful please?

 

Fred

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Hopefully, this link from the Financial Ombudsman will show what they did was wrong

 

javascript:openPDF('47291');

 

Nope this link didn't work however, go here

 

http://www.ombudsman-decisions.org.uk/

 

Then type minicredit into the search bar titled 'by business name' then click the upheld button and then change the first date to 2014 then click search.

 

The case I tried to post was the second one. Very similar to yours

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Thanks. The case of Mrs H looks similar to mine. Am I able to cite that case in any communications with Opos?

 

I will inform them this week that I am lodging a formal complaint with the Ombudsman and see what happens.

 

Many thanks for your help.

 

Fred

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You cannot lodge a complaint with the Ombudsman as yet because you have to follow the complaints route first.

 

In any formal complaint you can refer to recent cases but don''t specify which ones as that would give them a heads up and give them an idea of how to circumvent your arguments.

 

I'm not absolutely whether it is minicredit who you should contact or Kapama so I would just go with it first and see what minicredit say. They may refer you to Kapama. As for Opos, I would suggest a total ignore stance for now. Once you have a complaint registered, you can then tell Opos that the account is in dispute and all contact should cease until the matter is resolved.

 

I will try to find out more on who to contact first.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Looking at the FOS site, it may be Kapama you should write to.

 

If any of these charges and interest were added after minicredit was closed, they should not have been

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Many thanks again.

 

Who are Kapama? The phone calls and emails I have received have all been from Opos - no mention of Kapama.

 

It has been all emails and phone calls - never had anything via the Royal Mail from Opos.

 

What do I do to start the formal complaints procedure please?

 

Yesterday I emailed Opos and asked them to let me know how the alleged debt is made up - what are all the various charges for etc. I also informed them that I believed that minicredit ceased trading in 2014.

 

Surely all I need do is state that the charges are unreasonable and unlawful and that I refuse to pay another penny - and that in fact if I have to contact the Ombudsman and the case is decided in my favour, they will likely owe me money - at the end of the day I have already paid £400 to Opos for an original loan of £150..

 

In fact - should I have even paid Opos a penny when minicredit is no longer in business - (although I see that someone still trades as minicredit on the web - but the minicredit I took the loan with is, as I understand it, no more?).

 

Fred

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Silverfox - thanks. You mention charges etc AFTER minicredit was closed.

 

That was in 2014. The loan that I took was 2012 - so the charges etc are all likely to be pre-2014 - does that mean I have to pay them?

 

They would appear to amount to around £900 on a £150 loan as Opos state that the original debt was £1189!!

 

Fred

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Hi. I'm by no means at all an expert and only speak from my experience but I too had debt with mini credit, £861 from a £100 (£80 after their admin fees) in 2012, long story short I paid back just over £250 then had a stay in hospital when I came out the debt was over £500 so I regretfully ignored it and haven't paid anymore. Hence it being £861. Anyway. I found on another website an email to send with the view of complaining that they didn't act fairly. I sent the first email and within 15 mins was offered to pay a further £122 and get a partially satisfied on my credit file. I replied asking for all charges to be dropped as I had paid back over £250 and get a partially satisfied. (Knowing obviously the debt hasn't been fully satisfied so a partial is fine) however they have just replied today offering if I pay the £122 I get a fully satisfied.

If I was you I would google 'unaffordable loans' that has all the info there. There has been lots of people getting their money they have paid back and the amount owing written off.

Sorry if it's not ok to mention other sites on here. Feel free to delete if not allowed.

Edited by silverfox1961
removed other site names
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Hi Bcic and welcome. Unfortunately, I have removed the name. Sorry.

 

After some more research, it seems Opos is the ones to write to and they will forward it on. By doing this, it would (or should) automatically place the account on hold.

 

I'm glad that no further charges were added after 2014 as these were specifically not allowed so this makes it much easier to get these charges removed or refunded.

 

As you have paid approx £400, mysuspicion is that the FOS would uphold your complaint but you won't get anything back however, if there are any negative marks on your credit file, these should be deleted, not marked as satisfied or partially satisfied.

 

We don't advise using template letters as each persons circumstances are different but in general, use the FOS decisions to guide your letter writing.

As an aside, MiniCredit was a trading name of MicroCredit and if you go to the FOS website linked above, there are many more cases to choose from.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Hi. Silverfox1961 no worries, sorry wasn't sure. Haven't used this site since 2006 when a few on here helped me reclaim bank charges. Never forgot that tho. :-)

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Thanks. Opos has sent me this:

 

Your account with Minicredit was a running credit agreement, as opposed to a fixed credit agreement. Therefore, your credit agreement did not contain the amount you borrowed/fixed repayment plan/etc. If you wish to read through this document (link to a government web site about running credit accounts) it explains that running credit agreements are subject to slightly different rules in regards to their contents.

 

The breakdown of your balance is as follows;

· Original loan: £150

· Interest charges: £179

· Debt collection charge: £100

· Default charges: £75

· Attempt charges: £685

 

Attempt charges were the charges applied by Minicredit when they attempted to take a payment from your bank card but they were unable to due to insufficient funds. Please find attached your statement to show all payments made to Opos Limited.

 

When Mini Credit ceased trading in 2014, Kapama Limited bought over a portfolio of their loans. Your loan was included in this. Opos Limited manage all of Kapama’s accounts'.

 

What should I do now please?

 

Fred

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Load of tosh. It WAS a fixed term account with a set end date. Those charges will be thrown out of court and they haven't got a leg to stand on. Interest charges, debt collection charge, default charges and those attempt charges are all challengable.

 

If I were you I would reply back to them and ask for their complaints procedure and follow it to the letter. Remind them that you will challenge all the added charges in court should it be necessary to do so.

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Thanks sillygirl. I will do as you suggest.

 

Are they entitled to any of the charges? Obviously I should have repaid the loan after 25 days but didn't so would they not legitimately be entitled to charge something for that default - is that perhaps the £75 on the list?

 

I have already paid them over £400 in any event...

 

Fred

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NO - THEY OWE YOU MONEY NOW - all those fees are PENALTIES and not allowable by UK law. They are chancing their arm.

 

Other people will be along later to help. Please read the other threads regarding Minicredit and you will see that this alleged debt is non-enforceable in court and as you have already repaid the principle sum and interest on the original agreement they have not got a leg to stand on.

 

Write back stating that you have paid £400 and you are not paying one single penny more and you want a copy of their complaints procedure.

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Let us make this clear. Opos are trying to bamboozle you now. That letter is purely designed to confuse Worked didn't it.

 

It makes no odds as to whether this is a fixed or running agreement. The charges are unlawful and they know it. They just don't want to pay out.

 

If this is the final response, escalate. If not, wait until the 8 weeks run out then escalate.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Thanks all.

 

I have sent Opos an email as per sillygirl's suggestion and simply said:

 

'I believe that the charges you cite are unreasonable and I should be grateful if you could advise me of your complaints procedure which I now wish to follow.'

 

Fred

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Hi

 

As per my posting yesterday I sent Opos a message saying: ''I believe that the charges you cite are unreasonable and I should be grateful if you could advise me of your complaints procedure which I now wish to follow.'

 

They have replied by email stating:

 

'Unfortunately we are not Minicredit and I do not have that information.'

 

Can anyone advise how I might reply to that!!

 

Fred

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They should have that information if they are acting on behalf of their creditors. I would ignore any further missives from them asking for you to give them cash. Other people will be along soon with more advice.

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Dear Sir/Madam/Other!

 

Opos are acting on behalf of Kapama Limited and are a sister company and as such, you should have the relevant information to hand. If you have failed in your duty to examine this matter, I suggest you contact your principle, Kapama who do have a link with Microcredit Limited (trading as Minicredit)

You are attempting to collect on a debt that is made up entirely of charges, fees and associated interest which the Financial Ombudsman has already rules against on numerous occasions therefore I expect you to deal with this matter in a professional way and not attempting to confuse the issue.

 

If you feel you do not have the required skills to deal with this matter, refer it to your partner. Simples!

 

 

That is the sort of sarcastic reply I would send however it may just be easier to email kapama directly and copy Opos into the email.

 

[email protected]

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Thanks again Silvefox. Following Opos' response yesterday stating that they were not minicredit etc. I emeiled minicredit last night and explained the situation to them. Not heard back from them as yet.

 

HOWEVER, I have had two messages from the same contact at Opos today:

 

1. Message 1 says: Unfortunately, the original amount payable and the dates that every charge was added was not included in the documentation provided by Mini Credit. The breakdown of your balance is as follows;

· Original amount: £150

· Interest charges: £179

· Default charges: £75

· Attempt charges: £685

· Debt collection charge: £100

 

I have attached a copy of your statement, this shows all payments made (the statement shows I have paid them (Opos) £425 - which is correct I believe.

 

I have not replied to the above message - but have also received the following from them today..

 

2. MESSAGE 2.

 

Good afternoon,

 

I have passed this through to our complaints team. You will receive an acknowledgement letter within 5 working days which will contain a copy of our complaints procedure. If you have any further queries, please do not hesitate to call us on 0141 428 3990, or email us at [email protected].

 

So, change of heart on Opos' part.

 

Shall I await the letter outlining the complaints procedure and then send a letter - if so, what should that letter say?

 

Fred

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I would wait for the letter. There is no major rush although I would also be keen to get it resolved as soon as possible.

 

See what they say then tell them that as they have had back more than was agreed and that £860 would be unlawful charges anyway, they should just accept this and go away.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Hi all.

 

Letter from Opos received today saying they are sorry I have a complaunt and that they have timescales - if I do not accept their decision after 8 weeks I can complain to the F.O.S.

 

Can anyone help me formulate a letter to them please based on the facts I have outlined in previous postings?

 

Fred

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