Credit file question and mini credit

[Mumof5]

Hi I apologise in advance for my thickness. I have just checked my credit file on 'check my file' one of the debts on there for a store card is showing as default but as it checks equifax too I clicked on there and the same account is showing as closed. Why is this?

Also I got a mini credit loan years ago for £100 (£80 after their charges) I paid back £250 the first £80 I paid in instalments then I had a miscarriage with complications so was in hospital for 3 weeks when I came out they said the balance was over £300 so I told her to 'go away' (not very politely) they then took £170 out of my bank, I changed bank cards as that was the only way to stop recurring payments from them. I know they have high interest rates and it was my fault for not making payments on time but I think in all honesty I have paid enough back to them. They are now asking for £816. So £1066 for £80!! But they are offering a settlement of £612 Sorry if this sounds like I'm being an idiot but I have no intention of paying anymore to them at all. Don't get me wrong I don't mind paying my way, and accept in the past I haven't been as good with money as I should, and that's my own fault but I think that's taking the micky.

[nemesis45]

Re: Credit file question and mini credit

Good afternoon, welcome to LB

I'll try to answer your questions in order:

1.The Defaulted account now marked as closed i.e. because the default was not remedied...

2.The mini credit loan: You say " Years ago" how long is it since any payment was made?

Is the debt still owned by mini credit?

nem

[Mumof5]

Re: Credit file question and mini credit

Hi thank you for your reply.
Ahh I see, that makes sense.

With my mini credit. Last payment would be March 2012.

No they have passed it on to Kapama/opos.
That's who it says the debt is with on my credit file too.

It says on my credit file it is reported until April 2018.
But shows as 'opened on 27th Feb 2012'

[nemesis45]

Re: Credit file question and mini credit

Good afternoon, welcome to LB

I'll try to answer your questions in order:

1.The Defaulted account now marked as closed i.e. because the default was not remedied...

2.The mini credit loan: You say " Years ago" how long is it since any payment was made?

Is the debt still owned by mini credit?

nem

Is the debt being chased by K/Opos?

If not I'd personally leave them alone.

nem

[Mumof5]

Re: Credit file question and mini credit

Yes they are the ones that sent the letter.

[nemesis45]

Re: Credit file question and mini credit

Yes they are the ones that sent the letter.

It's worth a try sending a CCA request for a copy of the loan agreement.
There is a £1 statutory fee for the request, use a Postal Order for this and endorse it " For Statutory Fee Only"
make a photocopy of the PO and keep it with your records.
They have 12 + 2 Working days to comply.

There is a template in the Forum Library for this.

nem

[NWHC]

Re: Credit file question and mini credit

Minicredit do not exist any more in the UK and would have no right to try and collect
Supposedly they sold most of the debts to kapama who then employed Opos to collect

As minicredit were online payday lenders at this point I would not waste my effort on a CCA request but I would try to write to them and say that you know nothing of the alleged debt and that you request proof of their right to collect you may want to say that it was sorted with minicredit at the time

[nemesis45]

Re: Credit file question and mini credit

Minicredit do not exist any more in the UK and would have no right to try and collect
Supposedly they sold most of the debts to kapama who then employed Opos to collect

As minicredit were online payday lenders at this point I would not waste my effort on a CCA request but I would try to write to them and say that you know nothing of the alleged debt and that you request proof of their right to collect you may want to say that it was sorted with minicredit at the time

No that is not good advice,!!

Kapama /Opos are pursuing a considerable number of these debts and have issued claim on some, these debts
are not so unenforceable as you seem to believe.
What you advise amounts to debt avoidance which cannot be condoned.
nem

[NWHC]

Re: Credit file question and mini credit

WE will have to disagree , I suggest that you look in a dictionary as isn't debt avoidance just what you try to help people do when they defend a court claim-avoid paying the debt

All I am suggesting is that , if, as seems likely , no assignment was made for the debt , the OP is asking for clarification of kapama's right to collect the debt

Clearly a time may come that a CCA request is needed but they will just produce one with an electronic signature and there will be no way of showing if it is a forgery or not

[nemesis45]

Re: Credit file question and mini credit

WE will have to disagree , I suggest that you look in a dictionary as isn't debt avoidance just what you try to help people do when they defend a court claim-avoid paying the debt

All I am suggesting is that , if, as seems likely , no assignment was made for the debt , the OP is asking for clarification of kapama's right to collect the debt

Clearly a time may come that a CCA request is needed but they will just produce one with an electronic signature and there will be no way of showing if it is a forgery or not

Making a statement that one does not have any knowledge of a debt when clearly that is not the case is lying.

A CCA request is appropriate and is the correct way forward,

nem

[charitynjw]

Re: Credit file question and mini credit

Minicredit do not exist any more in the UK and would have no right to try and collect
Supposedly they sold most of the debts to kapama who then employed Opos to collect

As minicredit were online payday lenders at this point I would not waste my effort on a CCA request but I would try to write to them and say that you know nothing of the alleged debt and that you request proof of their right to collect you may want to say that it was sorted with minicredit at the time

If the alleged debt has been legally assigned to kampana, they now 'stand in the shoes' of the original creditor for CCA purposes.

I agree with nem.......CCA letter, £1 payment (endorsed), proof of postage.

[Noah]

Re: Credit file question and mini credit

Mumof5
Did you ever receive written communication stating what had happened to your account.
Minicredit were supposed to tell everyone if the account had been written off or sold. I am not sure if they actually did that.

if you were never told that Kapama had bought the debt a standard prove it letter would seem most appropriate to me at the moment.
If however you were told that they now owned the debt the other options outlined above are available.

From what hat I read on other forums , when someone tries to get money out of you and have not given good reason, the first question is why should I pay you?

[Debt Camel]

Re: Credit file question and mini credit

There are a lot of people trying to get refunds for interest and charges on "unaffordable" payday loans - more details about this including template letters are here: http://debtcamel.co.uk/mortgage-with-debts/. This can be done for loans which have been repaid fully or ones where a balance is still owing.

So you could potentially ask for your balance to be written off AND a refund of interest and charges already paid. If it goes to the ombudsman and he agrees, statutory interest at 8% is usually added the creditor has to delete the loan(s) from your credit file. It may be you won't get a refund, just some or all of the balance written off, but you may as well ask for the full amount!

If you told Minicredit you were in difficulties and that you were just out of hospital after a miscarriage and they then debited your account without your agreement, you should include that in your complaint as well as the "affordability" issue.

This complaint is usually sent to the original lender, but as Minicredit is no longer trading it should be sent to Opos (complaints@oposlimited.com) who will then pass it on to Kapama.

[Mumof5]

Re: Credit file question and mini credit

Thank you. I have spoke to someone at step change regarding my debts. They have said about a debt relief order that I think I am going to go for. I've got a capital one debt going through at the moment on moneyclaim online and they won't accept an offer. So am going to end up with a ccj anyway I believe. There would be no way of me clearing this in a month. So as my credit file is going to be messed up for 6yrs anyway. Most of my debts are ending in 2017/18. So no doubt will be getting more letters that I can't pay. Honestly thank you for all your help and advice, the work people do on this site is incredible.

[Debt Camel]

Re: Credit file question and mini credit

OK, a DRO is often a very sensible solution to impossible debts if you meet the criteria.