Thread: Defaulted by MINT

Hi folks. Ive spend days looking through all the various threads on this site, each time i come across another more interesting and informative. Along the way though I have become a little confused and to say the least have had a few headaches!

Basically..I had a credit card agreement with Mint (The Royal Bank of Scotland). I managed this account perfectly for several years until in 2006 I over commited with other lenders and found that I was struggling financially with the repayments. I tried getting a consolidation loan but was refused left right and centre as I was nearing my credit limit on everything and my salary was not all that great. I plodded along with my contractual payments, just leaving myself skint then out of the blue I was contacted by a debt management company who offered to manage my debts for me bla bla bla, I make payments that i could afford etc etc. I agreed to this and each creditor was made an offer of repayment. All of which agreed and I had no problems. Mint agreed also although defaulted me, on the basis that 'to accept the reduced payment' they'd have to terminate the account, which meant defaulting the account.
I didnt know this at the time and wasnt even sure if i got the default.

Anyway, I sent the 'I didnt get the default notice' letter which has just expired (with no reply from Mint). I was now wondering what to do next? Id go to any length to remove the default, however annoying I might be to them. My plan was to send a similar letter (with a copy of the last) and give a further ?? days to respond. Im not convinced this will work though.

I have read threads on requesting a copy of the original contract - if they could not provide it then I could write to the credit reference agencies to try and get it removed based on lack of evidence?

Or, requesting a SAR (or SARN)...what will this show, and what would i do with this?

Also I have read about sending them a letter challenging them to the Data Protection Act - is this a S10/12 notice?

And i have read about sending them a letter asking for any charges back (which i think is only 1 to 3 charges) and asking within that letter to remove the defalt based on the default being inaccurate - is this a lba letter?

Theres just so many things I have read its its all getting so confusing!!! Can somebody possibly help or point me in the right direction. If you need to know anything further about my particular case then please feel free to reply to this thread.

thanks in advance

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Hi, thanks for your speedy reply. A CCA request, is that where I just ask for a copy of my contract (is there anything else? Does that stand for Consumer Credit Agreement?) With the amount of abbreviations going around its gets a little confusing for me at times!! Duh!! Thats interesting to know about the mortgage lenders and not paying too much attention to credit card defaults..I wonder why that is?

Yes im absolutely sure no one else defaulted me. My Barclay Card is perfect, the only one that is a bit rough around the edges is a bank loan with Lloyds but thats a long story and im in the process of sorting that out (their error not mine). Basically they offered me a refinanced loan which I agreed to (which would replace the existing loan) however they failed to set it up so offered me a 'special repayment plan' which, on looking at my credit report, gives the impression I have missed payments as the special payemnt plan is based still on the original loan agreement. I know I can get out of that one though as I have a strong case and a paper trail of my letters, calls, complaints, the works. But yeah, no other defaults.

Kim

Originally Posted by Goldlady

Are you sure you are at a dead end? Is it an enforceable agreement? Is there any way you can scan it, remove all personal details, and post it on here so the experts can pull it apart. Focus on that before we look at the default notice issue as the non-validity of the CCA is your best weapon. I was going to put invalidity but that looked wrong:o

I have just realised that they havent sent me a signed credit agreement at all..they've sent me a signed APPLICATION FORM, a freshly printed credit agreement (which is clearly not the original) neither is it signed, it is just a replica of what the original is. Cheeky bas*ards!

I havent got a scanner here at home but im off to a friends later so i'll try and scan the documents there. I have drafted a letter to Mint which I was thinking of sending, what do you think?

Thank you for your letter dated 23rd May 2008.

My letter dated 23rd May 2008 specifically requested a true copy of the agreement and a signed true and certified copy of the original Default notice. You have supplied me with neither, just a useless signed application form, a copy of my latest statement (that I did not request) plus a screen print of RBS Advanta Internet Application, whatever that is.

I have copied and pasted extracts from the Consumer Credit Act and as you will see, you are required to provide me with a copy of the original loan credit agreement and Default notice. Again I stipulate that if you cannot provide these documents that you substantiate this data immediately.

I am also still not satisfied that Mint has followed the necessary procedure when issuing the Default against my name so I would like to request my SARN too, including my Data Subject Information which shows all past correspondence.

Under the Data Protection Act 1998 you are required to supply me this Subject access request (SARN). I enclose the maximum cost of £10 for the information.

Additionally, where there has been any event in my account history which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you.

Originally Posted by Goldlady

I would take out the word 'useless' just incase you do have to refer to this letter in court at a later date Is the credit limit on the freshly printed one your current credit limit and not the one when you first got the card? I have had one like that where the original limit was about £1500 and their re-created one shows the limit as £10K....

Yes, you're right, maybe I should! Just very annoyed ha ha!!

Ah good point, it IS different. When I first took out the card it was amount 'a' then I asked for them to increase it to 'b' but when I defaulted on payments they reduced my credit limit to 'c' . In their print out they have put credit limit 'c' therefore not the same as when i applied.

Does this improve things for me do you think?

I didnt get round to scanning my documents for all to see, but will try to do so when I can get access to a scanner. But if you think you know any other parts that may differ let me know and i'll check.

Originally Posted by maroondevo52

Hi, lil old me.

I'll ask a Mod to move this thread to the RBS Forum.


Regards.

Scott.

Ok thank you. Will Goldlady be able to find it again, she's been very helpful?

Originally Posted by maroondevo52

Yes, she will find you no problem

You'll be in her subscribed threads


Regards.

Scott.

Cheers

Moved to RBS forum.

Originally Posted by Goldlady

Just to say I am still onto your thread. Been out all day trying to find a home for our caravan so we can get away from it all in the summer, assuming we have one...

Thanks! Sounds lovely..hope we have a summer this year too!

Sounds like you are in a similar situation to myself.

I had a copy of my RBS Advanta application form come through, which missed prescribed terms namely a credit limit was not listed and there were no specific cancellation terms present or account charges listed.

So effectively the alleged debt is unenforceable under law.

They also sent an additional document puporting to be an agreement which I had never seen beforehand, and includes the current credit limit along with current default charges. So definately not an executed agreement.

If the balance at which you were defaulted includes penalty charges of any nature, you should be able to get the default removed on the basis that the data recorded is unlawful and unfair to you.

Originally Posted by Enron

Sounds like you are in a similar situation to myself.

I had a copy of my RBS Advanta application form come through, which missed prescribed terms namely a credit limit was not listed and there were no specific cancellation terms present or account charges listed.

So effectively the alleged debt is unenforceable under law.

They also sent an additional document puporting to be an agreement which I had never seen beforehand, and includes the current credit limit along with current default charges. So definately not an executed agreement.

If the balance at which you were defaulted includes penalty charges of any nature, you should be able to get the default removed on the basis that the data recorded is unlawful and unfair to you.

The document that they provided which has my signature, which I think is the application form does happen to have a credit limit showing, although it does not have specific cancellation instructions, as yours doesnt. Surely they cannot enforce a debt based on only the application form anyway..that purely means I APPLIED for credit!

The default amount includes one late payment charge and thats all - still making the agreement inaccurate I believe. Mint are little gits, I paid in October 2006, missed November and December and by January they had defaulted my account. The REALLY annoying thing is that I went through a debt management programme and started making payments to them starting from November 2006 so technically I made a payment every calendar month..it was just the dmp who was responsible for the late payment etc. I have written to Mint to explain this, and have also sent a complaint to the DMP.

Don't think that the banks really care, they follow procedure and thats the end of the story.

If you went to court then you should be able to get the default removed because of the inclusion of the unlawful penalty charge.

Someone drew of a POC for doing this, let me know if you want it and i'll dig out what I read yesterday on it.

Here you go:
http://www.consumeractiongroup.co.uk...t-removal.html

This should be of help, fee wise though i'm not sure of how much it would be to submit this claim.

Submitting the draft order at the same time as your allocation questionnaire would be beneficial, if a judge was minded to adopt it - RBS would be reluctant in the extreme to comply which would wipe out their defence.