Final Notice Before Legal Action

[Delboy01]

Re: Final Notice Before Legal Action

Thanks for your input guys, will pm some of those suggested, and see what pans out.

[The Debt Star]

Re: Final Notice Before Legal Action

Keep us posted with any updates Del.

We don't want ya getting yerself a CCJ for that amount of money

[Amethyst]

Re: Final Notice Before Legal Action

They have now provided us with their bank details which we asked for so can now begin to pay off the debt.

Just to pick back up on this point, did you start making payments towards the debt ?

Also, the email that they gave the details to you on was in reply to one you sent making an offer to pay ? (helps to showthey were receiving your letters)

[Delboy01]

Re: Final Notice Before Legal Action

Yes Amethyst We did start making payments towards the debt but reduced this to 1 pound for the last 2 months because we had no replies regarding the balance, charges and interest rates added to the account and the online account only gives you the amount owing without any info on what has been added to the debt OR whether our payments have been received and taken off the debt owing.

We got their bank details in reply to an email we sent them.

Like I say we are already 1 month in arrears with the mortgage but are talking to them amicably atm. Hence my CCJ or repossession comment. I dont want a ccj but cant see where the money is coming from to make an offer. Also it has taken 4 days for the court papers to arrive and as such have a very short time to decide on our action.

PS how do I get the court moved to Bromley should we want to appear??

[Amethyst]

Re: Final Notice Before Legal Action

Once you have entered your defence you can ask for the case to be transferred to your local court.

First thing to do is enter the acknowledement of service - which extends your time to respond to 28 days from service.

Do you have a copy of the original agreement you signed with them, and terms & conditions, and statements/evidence showing all the payments you have made to them....you'll also need copies of all the letters/emails you have sent them and their replies.

If you do have the original agreement it would be helpful if you can post up an image of it.

The court claim may be a pain in the bum but at least you are in control of it and can pay your priority debts without worrying this company will just clean out your account. (looking at the positives)

[Delboy01]

Re: Final Notice Before Legal Action

Once you have entered your defence you can ask for the case to be transferred to your local court.

First thing to do is enter the acknowledement of service - which extends your time to respond to 28 days from service.

Do you have a copy of the original agreement you signed with them, and terms & conditions, and statements/evidence showing all the payments you have made to them....you'll also need copies of all the letters/emails you have sent them and their replies.

If you do have the original agreement it would be helpful if you can post up an image of it.

The court claim may be a pain in the bum but at least you are in control of it and can pay your priority debts without worrying this company will just clean out your account. (looking at the positives)

OK I shall send the acknowledgement of service to extend the timescale.

The payday loan was taken out online and as such we have no copy of the agreement other than the online pdf at the company website where my OH logs into her account. Also on the site is a my loan tab which just shows amount borrowed, current balance, due date, and absolutely no indication of what charges have been applied or what payments have been made.

I can post the agreements on here but what do I remove from the agreements? Or do you want me to send the copies to you and for you to remove the not required bits and post them up on here??

Evidence of payment to them by us has not been received by us at all. We can get bank statements to verify payments made as well as getting copies of emails sent and replies to those, as well as copies of emails we have sent with no replies ( which is the last 2 months!!).

As I have said previously they refused an offer for 150 pounds on the 100 pound debt which was refused, we resubmitted the offer asking them to reconsider AND freeze interest / charges. Further emails have been ignored and the have been building up the debt to please themselves. Also we have been charged 100 pound "debt recovery fee" How they can do this I am not sure as no debt recovery has been carried out until now.

Thanks so much for your help

[pompeyfaith]

Re: Final Notice Before Legal Action

The court claim may be a pain in the bum but at least you are in control of it and can pay your priority debts without worrying this company will just clean out your account. (looking at the positives)

This is a good point and why sorting this through the court is a good thing, by bring proceedings against you they have probably given themselves a kick up the backside as they will rip you off a court will not and will see that you pay what they think is fair.

[Delboy01]

Re: Final Notice Before Legal Action

Can I just ask, do I tear off just the AOS and send just that to the court??

[Amethyst]

Re: Final Notice Before Legal Action

If you can edit the pdf them remove your name/address/account numbers - leave the amounts in though.

Otherwise yes its fine to send them to me admin@legalbeagles.info and I'll do it for you.

The AOS should just be a send back to the court section of the N1 form you received, I can't recall exactly but it should be detailed on it what to do.

[Delboy01]

Re: Final Notice Before Legal Action

OK have emailed the online contract to you, feel free to post on here.

Many thanks

[Amethyst]

Re: Final Notice Before Legal Action

Got it.


CREDIT AGREEMENT

CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974
This Agreement is made on the terms and conditions set out below
The Parties to this agreement are the Creditor:
MICROCREDIT LIMITED ('us'), of 30 Borough High Street, London SE1 1XU, or e-mail
support@minicredit.co.uk.
and the Customer ('you') named below.
Full name: xxxxxxxxxxxxxxxxxx
Address: |xxxxxxxxxxxxxxx
Emailxxxxxxxxxxxxxxxxxxxxxxxxx
KEY FINANCIAL INFORMATION
Credit Limit: £1000.00
Each time you borrow from us, you must make one repayment, which is to be made 1 to 30 days
after the day on which you receive the loan from us. The amount of your repayment depends upon
the amount you borrow from us.
If you make your required repayment, there will be no other repayments you will need to make. We
may vary the amount of your repayment and your repayment date, on written notice, to reflect any
extension of the due date for repayment.
*APR: 2689% pa
*APR is the total cost of the credit to you including all interest, fees and charges, expressed as an
annual percentage of the amount of credit granted.
OTHER FINANCIAL INFORMATION
Total Charge for Credit: The 'Total Charge' for Credit depends upon the amount you borrow from us.
The following shows the total Charge for Credit you will pay for the different amounts that you can
borrow what depends of loan amounts:
1) Interest charges: 1% per day of loan amount.
2) Fixed Fast Advance Transmission Fee £5.50.
3) Loan request charge £1 if made by text message, online request is free.
Advance payments: £0.01 (being an initial
registration fee which is
payable once only)
The 'Total Charge' for the Credit shown above is the only charge and there are no other charges for
the Credit under this Agreement.
The 'Total Charge' for the Credit
is made up of the following parts: Interest charges 1% per day
depending on how much you
borrow; and
Loan request fee of £1.00
(payable each time you
borrow an amount from us
under this Agreement by text
message) and
Fixed Fast Advance Transmission
Fee £5.50.
Rate of interest on the Credit to be provided
under this Agreement: 365%
The rate of interest on the Credit to be provided under this Agreement is fixed.
Interest charges have been pre-computed at the commencement of this Agreement. Interest charges
are applied and calculated under this Agreement on the date which repayment falls due, being 1 to
30 days after the day on which you receive each amount borrowed under this 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 £25 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 3 days later, and if we unsuccessfully attempt to obtain repayment on this
second occasion we will charge you a further amount of £55.
Interest on any sum in arrears will be charged at the contractual rate, both before and after judgment,
until payment. Also, you must pay us all other reasonable costs and expenses we incur (including
any legal costs on a full indemnity basis) in tracing you, or enforcing, or attempting to enforce, our
rights under this Agreement.
MISSING PAYMENTS
Missing payments could have severe consequences and make obtaining credit more difficult.
IMPORTANT - YOU SHOULD READ THIS CAREFULLY ABOUT YOUR RIGHTS
The Consumer Credit Act 1974 lays down certain requirements for your protection which should have
been completed when the agreement was made. If they were not, we cannot enforce the agreement
without getting a court order.
The Act also gives you a number of rights. You can settle this Agreement at any time by giving notice
in writing and paying off the amount you owe under this Agreement.
If you would like to know more about your rights under the Act, contact either your local Trading
Standards Department or your nearest Citizens' Advice Bureau.
This is a Credit Agreement regulated by the Consumer Credit Act 1974. Sign it only if you
want to be legally bound by its terms.
This Credit Agreement can only be signed by you electronically. Once you have done so, we
will send a pdf copy of the agreement to the e-mail address you have nominated and agreed
we can use to send documents to you under this Agreement.
IMPORTANT - USE OF YOUR INFORMATION
You have a right to know how we will use your personal information. It is important that you should
read clause 14 overleaf entitled 'Use of Your Information' before you sign.
We may send you information about products of ours and others which may be of interest to you. We
may pass your details to other selected businesses to send you information about their products. You
have a right at any time to stop us from contacting you or giving your details to others for these
purposes. You may write to us at 30 Borough High Street, London SE1 1XU, or e-mail
support@minicredit.co.uk if you wish us to stop.
LOAN CONDITIONS
Application of these Loan Conditions
1. These Loan Conditions will apply to the Credit Agreement entered into by you and us ('the
Agreement').
Warranty
2. You warrant that you are at least 18 years old and that the information provided by you to us prior
to entering into this Agreement is correct and you authorise us to undertake such investigation or
enquiry about you that we may wish to make.
Registration and PIN
3. When you register and apply with us ('Registration'), we will, at our discretion, provide you with a
unique Personal Identification Number ('PIN') which is personal to you and which will enable you to
make a request to us to borrow the sum from £100.00 to £1000 from us ('Request').
4. Registration costs the sum of £0.01. This sum shall be paid by debit card. This sum reflects the
administrative costs we incur in processing your Registration. As such, this Registration cost is nonrefundable,
regardless of whether you make a Request subsequent to Registration. However if you
cancel this Agreement in accordance with the Financial Services (Distance Marketing) Regulations
2004 (see paragraphs 13 to 15 below), we will refund this Registration cost.
Request
5. Upon receiving a Request from you, we will, at our discretion, loan you the sum you have
requested by crediting your bank account, using the bank account details you provided to us during
Registration. To make a Request you need to send us a text message from the mobile phone
number you provided to us during Registration and in accordance with the Request instructions
published on our website, MiniCredit® Official Site - Get Cash in Minutes | Cash loans, Payday loans ('our website') from time to time. Alternative request
can be done online during registration and from secure client account by logging in at our website.
One Loan at a Time Only
6. We will only loan you one amount, of up to £1000.00, at any one time. Once you repay a loan in
full (together with payment in full of any other amounts you owe under this Agreement), you can
make another Request and we will, at our discretion, loan you a further amount of up to £1000.00 on
the same terms.
Loan extensions
7. Repayment of each loan and interest at the contractual rate is due 1 to 30 days after the day you
receive the loan in your account. At our discretion you can extend any given due date for repayment
by making an extension request ('Extension Request'). An Extension Request must be:
(i) in accordance with the Extension Request instructions and fees published on our website from
time to time; and
(ii) received by us no later than one day prior to the relevant due date for repayment.
Repayment, Default and Recovery
8. You agree to make all payments to us under this Agreement at the proper time. We will collect
payments by debiting your bank account using the debit card details you have registered with us.
You authorise us to debit your bank account to collect payments due under this Agreement. If we are
unsuccessful in collecting payment, we may try to debit your bank account again at a later stage until
we have successfully collected payment. If you have provided us with details of a second debit card
and we are unsuccessful in collecting payment from the first debit card, you authorise us to seek
payment via the second debit card in the same way as you authorise us to seek payment via the first
debit card. You must give us new valid debit card details when you cancel, lose or your debit card(s)
registered with us become(s) invalid when you have unpaid loan with us.
9. If you fail to make any payment by the due date, we may, after serving any default notice required
by law and after the period for remedying any default has passed, end this Agreement. In such
cases, you must pay any balance of the amount you owe us under this Agreement.
10. Interest on any sum in arrears will be charged at the contractual rate, both before and after
judgment, until payment. Also, you must pay us all other reasonable costs and expenses we incur
(including any legal costs on a full indemnity basis) in tracing you, or enforcing, or attempting to
enforce, our rights under this Agreement.
Cancellation
11. You have the right to cancel this Agreement under the Financial Services (Distance Marketing)
Regulations 2004 ('the Distance Regulations'). You will have 14 days from the date this Agreement
is made to cancel the Agreement 'the Cancellation Period'). The Cancellation Period commences
on the day that you receive an electronic copy of this Agreement at the e-mail address provided by
you, which you agree we may deliver this Agreement to in electronic pdf form. If you wish to cancel
this Agreement, please write to support@minicredit.co.uk and tell us that you wish to cancel. You
may also give us notice of cancellation by:
(i) leaving a written cancellation notice, addressed to us, at our address;
(ii) posting a written cancellation notice, addressed to us, to our address; or
(iii) sending a written cancellation notice to us by facsimile on 020 7138 2919.
12. If you cancel this Agreement, this Agreement will be terminated at the time which your
cancellation notice is given, however you will have to repay any money lent to you as soon as
possible and in any event not later than 30 calendar days of giving us notice of cancellation. Where
you have borrowed money from us and you cancel this Agreement, we may charge you £1.00 per
day for every £100.00 you have borrowed from us, with such charge commencing on the day that
you receive the relevant £100.00 from us and ending on the day your cancellation notice is given.
13. Apart from your right to cancel the Agreement under the Distance Regulations, described above,
there is no other right of cancellation. If you do not exercise your right to cancel under the Distance
Regulations, you will be bound by the terms of the Agreement.
Use of Your Information
14. In considering your application we will search your record at credit reference agencies. They will
add to your record details of our search and your application and this will be seen by other
organisations that make searches. Information held about you by the credit reference agencies may
already be linked to records relating to one or more of your partners. For the purposes of this
application you may be treated as financially linked and your application will be assessed with
reference to any 'associated' records.
We will use a credit scoring or other automated decision making system when assessing your
application.
We will also add to your record with the credit reference agencies details of your agreement with us
any default or failure to keep to its terms and any change of address you fail to tell us about where a
payment is overdue. It is important that you give us accurate information. We will check your details
with fraud prevention agencies and if you give us false or inaccurate information and we suspect
fraud, we will record this.
These records will be shared with other organisations and used by us and them to:
· Help make decisions about credit and credit related services such as insurance for you and
members of your household;
· Race debtors, recover debt, prevent money laundering and fraud, and to manage your accounts.
For these purposes we or they make further searches. Although these searches will be added to your
record, they will not be shared with others.
We may also use information about you to carry out market research.
Fraud prevention agency records will also be shared with other organisations to help make decisions
on motor, household, credit, life and other insurance proposals and insurance claims, for you and
members of your household.
Please e-mail us at support@minicredit.co.uk if you want to have details of those credit reference
and fraud prevention agencies from whom we obtain and to whom we pass information about you.
You have a legal right to these details.
You have a right to receive a copy of the information we hold about you if you apply in writing. A fee
will be payable.
General
15. No relaxation or indulgence granted by us shall affect our rights under this Agreement.
16. You will notify us if you change address.
17. We may assign our rights and obligations under this Agreement.
18. You may not assign your rights and obligations under this Agreement without our prior written
consent.
19. We are a Data Controller for the purposes of the Data Protection Act 1998. We draw your
attention to our Privacy Policy which explains how we use any information you provide to us during
your use of our website.
20. Any notices given to you in relation to this Agreement shall be sent via by e-mail to the e-mail
address you have provided to us during Registration ('your e-mail address'). You agree that we may
send a copy of this Agreement in pdf form, as well as any notices given to you in relation to this
Agreement, to your e-mail address. At our discretion, we may also serve any notice or demand on
you personally, or leave it or send it by prepaid envelope addressed to you at your last known
address. You may serve any written notices on us by first class post to our registered address or by
e-mail to support@minicredit.co.uk.
21. Any waiver by either party of a breach of any provision of these Loan Conditions and/or this
Agreement shall not be considered to be a waiver of any subsequent breach of the same, or any
other, provision.
22. A person who is not a party to this Agreement has no right to benefit under or to enforce any term
of this Agreement.
23. This Agreement is governed by English Law.

[Amethyst]

Re: Final Notice Before Legal Action

PRE CONTRACTUAL INFORMATION

Pre-Contract Information
Lender’s Details
The Lender is Microcredit Limited, of 30 Borough High Street, London, SE1 1XU, e-mail
support@minicredit.co.uk.
The Lender’s main business is lending.
Registrations
The Lender has a consumer credit licence (Number 0621701) and is also registered with
the Office of the Information Commissioner (registration number Z1640897).
Office of Fair Trading
To make a general enquiry concerning consumer credit licensing matters, you can
telephone the Office of Fair Trading on 020 7211 8608, between 9am and 5pm, Monday
to Friday. To search the public register of those who hold consumer credit licenses, you
can either telephone or visit the Office of Fair Trading between 9.30am and 4pm at:
Office of Fair Trading
Consumer Credit Licensing Bureau
Craven House
40 Uxbridge Road
Ealing
London W5 2BS.
Description of Lender’s Service
The Lender is offering to lend money to you on an unsecured basis at a fixed interest
rate. You will have a choice to borrow from £100.00 up to £1000 and the Lender will only
lend you one of these amounts at any one time. The loan is subject to approving your
application and you agreeing to a credit agreement (“Agreement”), which incorporates
certain loan conditions.
Total Price you Will Pay for Our Services
The total price you will pay the first time you borrow from us depends upon the amount
borrowed. The following shows the total price you will pay for the different amounts that
you can borrow what depends of loan amounts:
1) Interest charges: 1% per day of loan amount.
2) Fast Advance Transmission Fee £5.50 - £20.00, repayable in advance (optional).
3) Registration and card validation fee £0.01.
4) Loan request charge £1 if made by text message, online request is free.
The following example shows total price you will pay if the loan amount is £100 and the
loan term is 30 days if requested online:
Amount borrowed (£) Total price (£) How total price is made up
(£)
100.00 35.51 Interest of £30.00
Registration fee of £0.01
Fast Advance Transmission
Fee £5.50
The following example shows total price you will pay if the loan amount is £100 and the
loan term is 30 days if requested by text message:
Amount borrowed (£) Total price (£) How total price is made up
(£)
100.00 36.51 Interest of £30.00
Registration fee of £0.01
Fast Advance Transmission
Fee £5.50
Loan request fee of £1.00
You will only need to pay the Registration fee of £0.01 once, when you first register to
use our services. You cannot use our services unless you register. Because the
Registration fee is payable once only, the second and each subsequent time you borrow
from us online (text message request costs £1 what will be added to below total price),
the total price you pay will be as follows example loan amount £100:
Amount borrowed (£) Total price (£) How total price is made up
(£)
100.00 35.50 Interest of £30.00
Fast Advance Transmission
Fee £5.50
Repayment Arrangements
Each time you borrow from us, you must make one repayment, which is to be made 1 to
42 days after the day on which you receive the loan from us. The amount of your
repayment depends upon the amount you borrow from us.
If you make your required repayment, there will be no other repayments you will need to
make unless you borrow from us again at a later date. We will collect repayment by
debiting your bank account using the debit card details you have registered with us.
Cancellation
You have the right to cancel the Agreement under the Financial Services (Distance
Marketing) Regulations 2004 (“the Distance Regulations”). You will have 14 days from
the date the Agreement is made to cancel the Agreement (“the Cancellation Period”).
The Cancellation Period commences on the day that you receive an electronic copy of
the Agreement at the e-mail address provided by you, which you agree we may deliver
the Agreement to in electronic pdf form. If you wish to cancel the Agreement, please
write to support@minicredit.co.uk and tell us that you wish to cancel. You may also give
us notice of cancellation by:
(i) leaving a written cancellation notice, addressed to us, at our address;
(ii) posting a written cancellation notice, addressed to us, to our address; or
(iii) sending a written cancellation notice to us by facsimile on 020 7138 2919.
If you cancel the Agreement, the Agreement will be terminated at the time which your
cancellation notice is given, however you will have to repay any money lent to you as
soon as possible and in any event not later than 30 calendar days of giving us notice of
cancellation. Where you have borrowed money from us and you cancel this Agreement,
we may charge you £1.00 per day for every £100.00 you have borrowed from us, with
such charge commencing on the day that you receive the relevant £100.00 from us and
ending on the day your cancellation notice is given.
Apart from your right to cancel the Agreement under the Distance Regulations,
described above, there is no other right of cancellation. If you do not exercise your right
to cancel under the Distance Regulations, you will be bound by the terms of the
Agreement.
Access Charges
You are responsible for any telecommunications charges, digital television subscription
or other charges for the time spent by you accessing the Lender’s website
MiniCredit® Official Site - Get Cash in Minutes | Cash loans, Payday loans via the Internet or any wireless, television or other relevant
network.
Period of Validity of Disclosed Information
The information contained in this Pre-contract disclosure is only valid in respect of this
transaction for a period of 6 months from the day it is given.
Applicable Law
The laws of England are taken by the Lender as the basis for the establishment of
relations with you prior to the conclusion of the Agreement.
The Agreement is governed by English law. We and you submit to the exclusive
jurisdiction of the English courts, unless you live in Scotland, Northern Ireland, the
Channel Islands or the Isle of Man, in which case you will be entitled to commence legal
proceedings in your local court.
Language
This document and the Agreement are in the English language and the Lender
undertakes to communicate with you in the English language during the duration of the
Agreement.
Complaints
If you want to make a complaint about the Lender you can email
claims@minicredit.co.uk with details of your complaint and your account number. Our
Customer Service staff will acknowledge your complaint by email within 1 business day.
When we acknowledge your complaint, we will provide you with these details, which
summarize how we will handle your complaint.
They will then investigate and send you an initial response, which should take no longer
than five business days.
Where appropriate, the member of staff investigating the complaint will not be any staff
member who was directly involved in the subject matter of the complaint.
If you are not satisfied by our response, you can contact the Customer Services
Manager, who will respond by email within a further five business days. If you are not
satisfied with the response from the Customer Services Manager, you can email
claims@minicredit.co.uk, enclosing the responses already given to you. Your email will
then be referred to the Chief Executive Officer, who will respond by email within five
business days.
If we cannot settle your complaint after going through the above process with you and
giving our final response, or after the expiration of 8 weeks from receipt of your
complaint (whichever happens

[Amethyst]

Re: Final Notice Before Legal Action

Is written as though a Running Credit Agreement I think ??


This is their site MiniCredit® Official Site - Get Cash in Minutes - About us | Cash loans, Payday loans

[Delboy01]

Re: Final Notice Before Legal Action

Not happy with there online account which only gives "Current Balance" = 4xx.xx but they are claiming a different amount on the court papers. How am I sposed to decide whether I want to dispute part of the claim if I do not have figures that agree and cant see how they reach either figure or how much they have added and when and how???

This is what we received from them when they received our offer of settlement. Spose it is ok to put on here...


"Please read the loan agreement you accepted when taking loan from us. Thank you.

Principal: £100
interest to date: £57,50
First late payment charge: £25 (added 1 day after due date)
Second later payment charge: £55 (added 3 days after due date)
debt collection charge: -£100 (added 30th of days afte due date)
Total balance today: £237,50

We are not able to accept the settlement offer you made however if you make the payment today then we'll remove manual debt recovery charge £100. The settlement balance would be £237,5. This is last offer from us otherwise we'll forward your case to our lega team. Thank you!

The charges have been added to the loan balance according to the Loan agreement."

The balance now is 4xx.xx

[Amethyst]

Re: Final Notice Before Legal Action

Well those late payment fees are certainly penalties and you can defend those.

The charges are mentioned in the agreement

A fee of £25 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 3 days later, and if we unsuccessfully attempt to obtain repayment on this
second occasion we will charge you a further amount of £55.

Right so, 1% per day and you've had the loan for 57 days (according to that) would be a total of £157 if you ignore the penalties and collection charges.

When did you make the £150 offer ?

I assume if you paid 2 days after having the advance you would have repaid the £100 plus £2 interest plus the advance fee and reg fee and text message fee if applicable so around £110 ?

Just sorting in my head how it works.

I like their cancellation policy under the DSR's - enables them to charge exactly the same as the interest - but doesnt enable them to charge the late payment fees, so weirdly you could cancel the agreement within 7 days and only be charged the interest (or £1 a day per £100).... bizarre.

Bloody expensive way to borrow isn't it.