Opos/Kapama/Hellix

[bassetts allsorts]

Just wondered if anybody has had any success against Opos/Kapama/Hellix in regards to Minicredit?

Long story cut short, I failed to pay back a £110 payday loan with Minicredit and before they defaulted it, I paid £243 to cover the loan amount and interest but they put this cost towards the overall balance and continued to chase me for the unlawful charges, before eventually selling my debt on to Kapama/Opos (just before the cut off date of December 2014).

I sent a final letter in 2014 stating I wouldn't be making any further payments as the rest of the debt is made up of unlawful charges and I never really heard anything back.

I checked my Equifax report to see that the default is still on there so thought I'd see if I could contest it after spending hours on the internet reading thread after thread. Also, I'm looking at applying for a mortgage soon and this is the only marker on my credit file.

After 6 months of chasing all three of these collection agencies for loan documentation, Opos have finally responded to my Subject Access Request. I've noticed the following errors:

1. No original default notice or notice of sums in arrears can be provided as Opos claim they did not send this.
2. Incorrect information on application form; age, gender, number of dependents.
3. Irresponsible lending - I was a student at the time and stated I was unemployed on my application, although the only credit check they did was to make sure I didn't have any CCJs.
4. unfair charges - am I right in saying they can only pursue me for loan amount and interest? (which has already been paid)

Is it worth pursuing them over any of the above to remove the default? Is it worth going to the FOS?

The thing is that it will fall of my credit file in October 2017, so I'm not sure if I should just ignore but if I've got a case I'd love to pursue them purely because they are chasing me for unlawful charges.

[warwick65]

Re: Opos/Kapama/Hellix

Hi

I too have an account with Opos/kapama that started out at about £200 and is now something like £1200.

I really do not communicate with them and they rarely communicate with me, the odd phone call where I tell them to go and read the notes and hang up.

Just out of interest
Did you receive a notice of assignment when minicredit closed ?

I would be inclined to stop poking them unless they are writing to you
If they are calling you write and tell them you will not accept phone calls and it should all be in writing

There are lots and lots of myths and half truths out there regarding pay day loans , as far as I am aware, they can charge whatever the contract says they can charge BUT you can defend on the basis of unfair relationships

Is the account showing as defaulted on your credit file or a payment arrangement etc ?

If it a default it will fall off, never to reappear after 6 years

Mine are no longer being reported at all and do not appear on my credit file . Mine will also be SB sometime next year

The last letter i wrote was almost two years ago which asked for them to deal with my complaint , cease calling me and confirm the account has been written off. I have not had a reply so am just leaving it be.

Personally i would ignore unless you want to poke them [MENTION=48934]Debt Camel[/MENTION]

[bassetts allsorts]

Re: Opos/Kapama/Hellix

Hi [MENTION=98117]warwick65[/MENTION]

Thanks for the reply.

Never get any phone calls or letters and I didn't even know about the default until I checked my Equifax credit report in Jan 2017.

Are Hellix part of opos? For some reason Opos has responded to the SAR I sent to Hellix, who now apparently own the debt.

Never received any notice of assignment or default notice from minicredit. Opos have said they don't have this as they are not the originally creditor.

Default date is 30/10/2011, so it will drop off soon. My only concern is I want to apply for a mortgage in the next couple of months, but it's not the end of the world if I have to wait - plus it's only reported to Equifax.

[warwick65]

Re: Opos/Kapama/Hellix

I really have no idea , as far as I knew it was all Kapama and opos , i will try to search and see what I can find out

[warwick65]

Re: Opos/Kapama/Hellix

I can't find anything to link Hellix or Opos

So if I have this right the debt is now owned by Hellix and before that it was kapama and before that Minicredit

If and it is a huge if , they decided to start chasing you they need to jump so many hurdles

Minicredit were supposed to close some accounts and tell people by post
Sell some accounts and tell people ( that would have to be post )

All accounts were supposed to be sold to kapama and if they have sold it again you should have been sent a new notice of assignment

[bassetts allsorts]

Re: Opos/Kapama/Hellix

Thanks for looking into this [MENTION=98117]warwick65[/MENTION]

That's right.

The only notice of assignment I have is from Opos, which they claim they sent me in December 2014 and states they have purchased the debt from Minicredit.

There's nothing from Minicredit or Hellix at all and Opos have stated they don't have the original default notice as they are not the original creditor.

I assume Minicredit have to tell me my debt has been sold? If not, anyone could send me a letter stating they've purchased the debt.

Unsure if I'll have any chance of getting the default removed. Do you think it's worth responding to Opos stating the above?

[warwick65]

Re: Opos/Kapama/Hellix

The act of informing you a debt has been sold is somewhat vague and from my understanding can be done by either the assignee or the assignor

What I would query however is the fact Opos are telling you they own the debt as as far as I am aware the debts were sold to Kapama but maybe I am wrong. It will be interesting to see who actually owns it.

It is vague and murky and I am leaving mine well alone. I will deal with it, if and when I have to.

If they were to issue a claim they would need to jump through so many hoops as i have already said. As mini credit no longer exist how can they get the documents.

It might be worth an email to the ICO asking who you would contact to make a SAR request regarding mini credit who are no longer trading.

[Markc]

Re: Opos/Kapama/Hellix

The act of informing you a debt has been sold is somewhat vague and from my understanding can be done by either the assignee or the assignor

What I would query however is the fact Opos are telling you they own the debt as as far as I am aware the debts were sold to Kapama but maybe I am wrong. It will be interesting to see who actually owns it.

It is vague and murky and I am leaving mine well alone. I will deal with it, if and when I have to.

If they were to issue a claim they would need to jump through so many hoops as i have already said. As mini credit no longer exist how can they get the documents.

It might be worth an email to the ICO asking who you would contact to make a SAR request regarding mini credit who are no longer trading.

I know about Minicredit and are currently challenging Kapama about a debt they purchased from Minicredit. To help you though Minicredit ceased trading on December 9th 2014. Kaparma purchased some debts from them not all and they then outsourced these to their sister company Oppos. All 3 companies are linked together. When Minicredit ceased trading any accounts that were assigned to Kapama had to notify the debtors by 29th December otherwise the debts were written off or not enforceable if they notified the debtor after this date. I hope this helps you.

[warwick65]

Re: Opos/Kapama/Hellix

I know about Minicredit and are currently challenging Kapama about a debt they purchased from Minicredit. To help you though Minicredit ceased trading on December 9th 2014. Kaparma purchased some debts from them not all and they then outsourced these to their sister company Oppos. All 3 companies are linked together. When Minicredit ceased trading any accounts that were assigned to Kapama had to notify the debtors by 29th December otherwise the debts were written off or not enforceable if they notified the debtor after this date. I hope this helps you.

Thanks
Useful info regarding the sale
My question, I suppose would be- Where does it specify the debts would become unenforceable if notice was not given by 29th Dec 2014 and what proof do they need to provide

I must admit I have never received a letter from either firm although there were some emails which I printed off but non during the time frame specified . I have not heard from them in some time now, particularly since I removed the voicemail facility from my landline

[Hmarkss]

Re: Opos/Kapama/Hellix

Hi I have the link
below that Mini credit sent to the FCA. If you copy and paste it you will find the section stating that it was a requirement that all debtors had to be notified by 29 December 2014 otherwise the debts would be written off. If you recieved notification after this date the debt is unenforceable. When did you receive notification that the account had been assigned to Kapama?



https://mail.google.com/mail/u/0/s/?...j370&safe=1&zw

[warwick65]

Re: Opos/Kapama/Hellix

Hi
The link is not working so I can't read it. I have the notification that was posted on the minicredit site but although it says that people should be told if it was being sold and people should be told if it was written off, nowhere can I find it saying if this didn't happen it would be unenforceable.

Off hand I can not remember, when, if at all I was told it had been sold although I did receive many calls about May 2015 after which I sent a couple of letters , since then it has been the odd call to my landline but non to my mobile.

My concern is that they could claim notice was sent in Dec 14 but was 'lost' in the post and I am fully expecting a claim to drop on my doormat within the next 12 months

[Hmarkss]

Re: Opos/Kapama/Hellix

Hi sorry about the link. Basically Under section 136 of the law of property act 1925 the date of legal transfer is the date the consumer first received a notice of assignment. In my case it was after the company ceased trading which together with no defaults sent was unenforceable. I always ask that communication is by email which covers both the creditor and debtor too. Hope that helps you.

[warwick65]

Re: Opos/Kapama/Hellix

Hi
Thanks for the info

While I take your point about LPA it depends on how the service of a NOA is interpreted, if the creditor, in this case Kapama assert a NOA was sent at the appropriate date could they not then argue they have fulfilled the need and served the notice.

I am not keen on email as the primary source of communication as it is all too easy for an email to end up in spam or junk email - an example would be this email alert whereas the vast majority or LB emails get through and admin@LB is set as as safe sender. Personally I only ever use it as a quick method with hard copies followed by post, additionally AFAIK email has not been included in legislations such as the interpretations ach as a legitimate means of communication.

As for my own personal dates I would have to check my files but am not currently at home, nor near a laptop that could open my saved emails