Minicredit / OPOS

[stratty]

I took out a minicredit loan earlier this year and it was repaid late.

 

Due to my IVA failing I was struggling to pay creditors and minicredit was delayed. Even though I asked them to remove my continuous card authority (which they refused) the company still took money from my account.

 

Over a period of several weeks they managed to take £200 in £25 pieces which satisfied the original loan and interest.

 

Since then I have been receiving emails from Minicredit and now OPOS saying they want to recover additional penalty fees and interest. I have been fighting this on the basis of the following: -

 

1.) They refused to remove my card authority when in financial hardship (I advised them of this when I called the office back in April)

2.) During the same phone conversation they refused to negotiate a repayment plan

3.) Continuing refusal to revoke my card authority (I have 60+ emails in relation to this and ultimately my bank removed it)

4.) The original debt has been satisfied after they stole money from my account (as I had tried to revoke my authority)

 

As these companies are not listening to me I suggested that if they want to take it further and are confident they can reclaim this to issue court proceedings which I will vehemently defend.

 

What are the chances of them actually issuing proceedings?

[Nao]

Even if they took you to Court they wouldn't get a penny, the Court will find in your favour unless you do something silly like accept liability for what they claim to owe or not show up in court.

The Court will consider the debt settled and they can't win a claim for charges on a settled debt if you make a defence.

Edited September 20, 2012 by Nao

[renegadeimp]

You only owe the original loan plus interest and the initial default fee, minus anything you have paid so far. Thats direct from the FOS, not made up from us. Your contract was only 30 days so they cannot charge you contracted interest afterwards.

 

As Nao said, do not accept any liability, and it might be a good idea to send them the prove it letter to see how they think you owe them anything. Especially after stealing your money.

[stratty]

I dug my heels in on this with Minicredit and today they agreed to close my account with no further action. Awesome.

[stitchly]

Nice one stratty!!!

[CAKEBRAIN]

Itook out a minicredit loan back in january for 130-00,this spiralled to 950-00 in 8 weeks despite me making offers of payment.Then i recieved a letter off OPOS saying they were the collection agency.I explained my level of debt to them and they agreed to accept 200-00 upon proof of my debt,this i did and payed the 200-00.Now 8 weeks on and i have recieved an email from minicredit stating that i still owe 1142-00 with no mention of the 200-00 payment to close the account...Hence they will get nothing.