Help with minicredit

[byronvick25]

Hello all just want some advice with guys as am at a loss with what to do.

I sent them the following:

I refuse to pay the charges you added to my account and the doorstop collection charge of £100.

Your overdue charges are contrary to the OFT guidelines. A review by a court of law will not view the charges as fair.

You cannot charge for "doorstop collection" - this is against the law.

You cannot threaten to disclose personal financial information to a third party (such as my employer) - this is against the law.

I will only pay:

Original loan repayment £175 due on the 15 feb 2012 plus 2 months interest at 1% per day coming to £105

 

Total: £280

 

Which I can pay in the following

May 16th 2012: £80

June 16th 2012: £100

July 16th 2012: £100

I am making you aware that all of the infomation is being copied and fowared to the OFT and financial Ombudsman. As well a copy of this is being sent to yourselves via 1st class recorded delivery.

Please note: -

Under the Office of Fair Trading rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you. Therefore the charges cannot be incurred. There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Any attempts to contact me must be in writing only.

 

Regards

 

then they replied with

 

Dear

 

A MiniCredit Claims Department member has replied to your claim, #526376 with the following response:

 

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

 

Thank You for the information.

 

You may find the partly repayment possibility on Your MiniCredit.co.uk online account 24/7 and use it for payments of any amount. You accepted the Loan Agreement and therefore also the charges that have been added according to it.

 

As You are asking for the possibility for being able to make partly payments we would like to refer You to the "Repayment" possibility on Your on-line account.

 

Microcredit Ltd does not forward Your account to a third party collection agency within 90 days from the due date and our own Debt Recovery department will deal with the issue instead. On the 90th day overdue we will start Legal proceedings against You.

 

Please read more about Your responsibility to make sure that the debit card details are up to date from Your Loan Agreement that is available on Your MiniCredit.co.uk account. The partly payments can also be made with Ukash vouchers.

 

We are also willing to consider the possibility of a settlement figure if it is reasonable and paid in full. Please contact our Customer Support on the number 08718903015 when You have funds available to offer as full and final settlement. If the settlement is agreed, the payment has to be made with a debit card immediately.

 

 

 

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

 

Kind regards,

 

I followed up with

I wish for a full break down of my account as i can not access my account due to no longer having access to the mobile number i signed up with and bank detail and reference number needed which i can use to make payments into.

and got

 

 

Dear

 

A MiniCredit Claims Department member has replied to your claim, #526376 with the following response:

 

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

 

The total outstanding balance GBP898.50 from the date of issuing (29th of January 2012) until today the 27th of April 2012 consists of the following:

 

1. Loan principal GBP150.00

2. Interest in total GBP133.50 (1% of the Principal per day)

3. Overdue penalty GBP25 (was added on the 1st day overdue)

4. Overdue penalty GBP55 (was added on the 3rd day overdue)

5. Debit Attempt fees in total GBP435.00 (every unsuccessful attempt to receive the repayment costs up to GBP5)

6. Debt Recovery fee GBP100 (was added on the 30th day overdue)

 

All payments have to be made by a debit card according to the Loan Agreement. The possibility to make payments using a different debit card once only is provided on Your MiniCredit.co.uk account. If You do not have a debit card to use to make the payments please learn more about the option how to use Ukash vouchers on Your MiniCredit.co.uk online account.

 

We are willing to consider the possibility of a settlement figure if it is reasonable and paid in full. Please contact our Customer Support on the number 08718903015 when You have funds available to offer as full and final settlement. If the settlement is agreed, the payment has to be made with a debit card immediately.

 

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

 

Now where do i stand any advice would be great

[renegadeimp]

You accepted the Loan Agreement and therefore also the charges that have been added according to it.

Ignore it and stick to your plan. Just because they made a contract doesnt make it legal and they know it.

 

Theyre trying the usual scare tactics hoping you'll buckle. Keep at it.

[byronvick25]

this is the message i sent in reply to the break down message:

 

As stated in a previous email I refuse to pay the charges you added to my account and the doorstop collection charge of £100.

Your overdue charges are contrary to the OFT guidelines. A review by a court of law will not view the charges as fair.

You cannot charge for "doorstop collection" - this is against the law.

You cannot threaten to disclose personal financial information to a third party (such as my employer) - this is against the law.

I will only pay the following in afull and final payment offer :

Original loan repayment £175 due on the 15 feb 2012 plus 2 months interest at 1% per day coming to £105

 

Total: £280

 

Which I can pay in the following

May 16th 2012: £80

June 16th 2012: £100

July 16th 2012: £100

I am making you aware that all of the infomation is being copied and fowared to the OFT and financial Ombudsman. As well a copy of this is being sent to yourselves via 1st class recorded delivery.

Please note: -

Under the Office of Fair Trading rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you. Therefore the charges cannot be incurred. There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Also i can not access my online account as stated in a previous email i no longer have access to the mobile number i signed up with so need another way of making payment so if you could

provide a bank account and reference details.I will not be phoning in as stated before Any attempts to contact me must be in writing only.

 

Regards

[FrugalJo]

Hi Byron

I got word for word the same email as you this morning....going to ask for breakdown, and will expect the same response again.

[byronvick25]

Got my Final Notice Before Action this morning original loan £150 now £880.50 threatening legal action. Any advice on what to say when i lodge my compaint to the OFT and financial Ombudsman when i contact them on monday about mini credit would be great thanks

[byronvick25]

Contacted this Finacial Ombudsman now just got to do the OFT

[byronvick25]

Hi all when contacting the OFT what do i have to do can someone explain it to me many thanks

[renegadeimp]

http://www.oft.gov.uk/shared_oft/Credit/complaint-form.pdf is one way.

[sickofthisfeeling01]

Does anyone know if a door step collector has ever turned up?

[renegadeimp]

Send them the letter and keep a copy if they ever do. If they turn up, open your front door on the chain or post the letter through the letterbox to them and walk away. If they stay there or keep knocking, simply call the police. They have no legal right to turn up, and you can easily revoke any permission for them to do so.

[sickofthisfeeling01]

Thanks, just worried they will come knocking!

[renegadeimp]

I wouldnt be. Simply dont answer, or just do as i said above. The second they refuse to leave, it becomes criminal trespass.

[byronvick25]

just updating you all sent this to minicredit:

 

I hope that you have received the letter from the financial Ombudsman. i am writing to you to see if you are willing to accept my offer below as it is nearing my 1st payment date?

As stated in a previous email I refuse to pay the charges you added to my account and the doorstop collection charge of £100.

Your overdue charges are contrary to the OFT guidelines. A review by a court of law will not view the charges as fair.

You cannot charge for "doorstop collection" - this is against the law.

You cannot threaten to disclose personal financial information to a third party (such as my employer) - this is against the law.

I will only pay the following in afull and final payment offer :

Original loan repayment £175 due on the 15 feb 2012 plus 2 months interest at 1% per day coming to £105

 

Total: £280

 

Which I can pay in the following

May 16th 2012: £80

June 16th 2012: £100

July 16th 2012: £100

I am making you aware that all of the infomation is being copied and fowared to the OFT and financial Ombudsman. As well a copy of this is being sent to yourselves via 1st class recorded delivery.

Please note: -

Under the Office of Fair Trading rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you. Therefore the charges cannot be incurred. There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Also i can not access my online account as stated in a previous email i no longer have access to the mobile number i signed up with so need another way of making payment so if you could

provide a bank account and reference details.I will not be phoning in as stated before Any attempts to contact me must be in writing only.

 

Regards

 

And got this in reply:

 

 

 

Dear

 

A MiniCredit Claims Department member has replied to your claim, #526376 with the following response:

 

The Following Response is being sent to You according to the Formal Complaints Procedure described in the pre-Contract.

 

We are willing to consider the possibility to agree on a lowered settlement amount if it is reasonable and paid in full during the phone-call. A reasonable settlement amount needs to cover the Loan principal (150.00 GBP), the daily interest of 1% of the Loan principal per day for every day the funds have been used (currently 150.00 GBP), and the two penalties for breaking the Loan agreement (80.00 GBP). We are willing to waive most of the failed debit attempt fees (currently 480.00 GBP) and waive the debt recovery fee 100.00 GBP added on the 30th overdue day. Please contact our Customer Support on the number 08718903015 when You have funds available to offer as full and final settlement. If the settlement is agreed, the payment has to be made with a debit card immediately.

Our Customer support is open from Monday-Friday 8AM-8PM, Saturday 9AM-8PM, Sunday 9AM-5PM.

 

 

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

 

Any thoughts on how i should reply to this? Would be greatful for advice

[renegadeimp]

They cant charge £80 for "breaking a loan agreement". Especially charging you twice, since its only possible to default once. Do they seriously think that would ever stand up in court?

 

Funny how they say they will waive almost 500 in failed debit fees. Well.. DUH. No court in the UK would ever see that as a fair charge anyway. The £100 DRF is also illegal.

 

1% interest for each day the funds have been used? Huh?

 

 

They also cannot force you to call them by phone. It is your legal statutory right to have all communication solely in the form of writing, should it be necessary to form a defense in court. If they do not provide you with bank details so you can pay, then they are refusing to accept a valid method of payment from a debtor, which contravenes OFT guidelines on debt collection.

 

 

 

Seriously. How do these guys still trade :/

[sillygirl1]

They cannot charge you for attempting to take funds - that is way way out of order and is almost certainly 'unjust enrichment'. How can it be that they try every day to take money when they already 'charge' you for being overdue? Can't charge that twice either.

[byronvick25]

So any help on what i should say in reply to there offer? As they are listening now the financial Ombudsman is involved

[sillygirl1]

Stick to your offer, they are way out of line.

 

They do not listen because they like everything 'automated'.

[byronvick25]

newest reply from minicredit

 

 

Dear

 

A MiniCredit Claims Department member has replied to your claim, #526376 with the following response:

 

The Following Response is being sent to You according to the Formal Complaints Procedure described in the pre-Contract.

 

Microcredit Ltd has not charged GBP100.00 for a doorstep collector.

 

The following information has been taken from the Loan Agreement:

KEY INFORMATION

If you break this Agreement, we will charge you if we unsuccessfully attempt to obtain repayment on the due date for repayment. A fee of GBP25 will be charged on the day that your missed payment was due. If we unsuccessfully attempt to obtain repayment on the due date, we will attempt to obtain repayment a second time 2 days later, and if we unsuccessfully attempt to obtain repayment on this second occasion we will charge you a further amount of GBP55. If we unsuccessfully attempt to obtain repayment we may charge up to GBP5. If we unsuccessfully attempt to obtain repayment 30 (thirty) days after the due date we may charge further GBP100 manual debt collection recovery fee.

 

GBP100.00 was added on the 30th day overdue when the loan was passed over to our debt collection department to cover the costs that we incur in tracing you, or enforcing, or attempting to enforce, our rights under this Agreement.

 

Microcredit Ltd has explained that we are willing to discuss a settlement if it is reasonable and covers the payments that were provided in the previous response.

 

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

 

Got to wait till 21st june for the financial Ombudsman to act has anyone had any luck

after they have done there investigation?

[sillygirl1]

I'd write back

 

Pre-contracts are not recognised in UK law and the OFT are now in receipt of my complaint about your joke of a company.

 

In particular I have highlighted to the OFT the £100 manual charge added to my account, this is not approved by them and the OFT Guidelines override the alleged 'pre-contract'

 

I am repeating my offer of the original loan and one months interest.

 

Please now get that piece of fiction above to the OFT and Trading Standards

 

http://www.oft.gov.uk for the OFT

http://www.tradingstandards.gov.uk for Trading Standards

 

Remember both lots are doing an in depth investigation into this murky market and need their 'inventive' reasons for slapping on charges and their jokes of terms and conditions.

[willnotdoitagain]

Have recieved this email today from Mini credit

 

Dear xxxxxxxx

 

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

 

The Following Response is being sent to You according to the Formal Complaints Procedure described in the pre-Contract.

 

Microcredit Ltd has activated a Hardship application on Your www.minicredit.co.uk online account. Please log in to Your account follow the instructions and send the application back to us.

 

In order to apply for Hardship status of your account please follow the

instructions below:

 

1) Please fill in your current income details.

 

2) Please fill in your current expenditure details.

 

3) Please fill in your creditor details

 

4) Please review the details.

 

5) Click Print the form

 

6) Sign, date and fax the form to 020 7138 2919

 

7) Our team will need to assess the proposal. You will be notified with the decision within 5 working days to your email address registered with us.

 

We may require documentary evidence of your claims.

 

Please attach supportive documentation which circumstances have changed for You.

 

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

 

Are they listening now

[renegadeimp]

Nope. Theyre not listening at all.

 

 

1) Please fill in your current income details. They are only allowed to see the total amount incoming per month. No specifics.

 

2) Please fill in your current expenditure details. Only allowed to see total outgoings. No specifics.

 

3) Please fill in your creditor details. They are not allowed by law under the Data Protection Act 1998 to see ANY of this info. They are breaking OFT guidance regulations just for asking.

 

 

 

Ignore it and send it to the OFT as part of your ongoing complaint.

[sillygirl1]

Do this back

 

"Dear Idiots

 

You do not need the information on your form, it is going to the OFT as an example of how not to produce an I&E, only a court of law is entitled to the information on an I&E.

 

I can provide a basic one as follows

 

Total income xxxxx

Total outgoings xxx

Total left for you xxx

 

No supporting documentation is available so none will be provided.

 

Valid even if not understood by you. (sarky comment from other DCA who likes to use useless phrases).

 

AND GET THAT EMAIL TO THE OFT AND TRADING STANDARDS

[willnotdoitagain]

Ok thanks Rene will do. Thank you again dont know what I would do without you and others on this site

[FrugalJo]

Dear Rene and Will

I have had the same thing 6 times re hardship account, it alternates with the 'you can make repayments anytime' email and the 'offer us a settlement over the phone' email.

 

So p'd off with them

 

I'm all tangled up in the complaint process with them at the moment.

[renegadeimp]

Start the formail complaints procedure with them and give them 8 weeks to resolve the complaint or issue you with a final response. Then you can take it to the FOS. And minicredit dont like it when that happens. It's just very unfortunate that many, MANY people who borrow from these [problem] artists don't know their rights.