Thread: Mint Card Offer Vs. Court Stay

You'd have to have a valid reason for a stay not to be applied on the claim.

In this instance I would suggest that a stay should not be applied to the claim, as the current OFT case relates purely to overdraft charges on bank accounts. There is already an OFT report in place relating to credit cards which was published in April 2006 with which Mint(RBS) have complied.

The issue here is whether the penalty charges made against customers truely reflect their costs, or whether they are profiteering from said charges which is against contract law.

If the draft order was adopted for this claim it would bring all matters to a fore. By means of a full Breakdown of the defendants costs it would be possible to assertain whether the charges are fair & reasonable, or if the defendant is levying a highly inflated figure to customers which don't match its costs.

It is industry standrd for events such as as late payment charges and over the limit charges to be entirely automated thus costing the defendant a matter of pence as part of an overall IT billing system, as such it is your own opinion that the defendants charges are pure profiterring.

Its the same arguement which I used in my claim against Citi to prevent a stay being put on it.... and it worked.... so worth a go with RBS.

And obviously that means the rejection letter going to RBS.

Though as with all these matters its your decision as to what move to make.

Been through the full process including appearing at court against Citi (and winning) so if you need any help let me know.

Yep, its a very, very rare occasion that happens, but Citi seem to have a different approach to all the other films.

At the end of the day if you can cast doubt onto the stance the bank is taking, i.e. they are charging customers £12, £18, £20 etc for default of contract that can help you get the draft order adopted which orders a full Breakdown of their charges.

From the point of view of RBS, charges such as "late payment" and "over the limit" fees are entirely automated, thus costing the bank a matter of pence and not what they levy against customers. An indication of this will be their non-compliance with the SAR if you sent one, the template here requests manual intervention information which they are guaranteed not to have sent. This would show if any human action was taken at the time your penalty charges were applied.