Thread: MINT - illegal Defaults and missing paperwork

I am just about to start litigation against MINT, and thought I would run it pass you guys first.

Back in November 2007 I was Defaulted by MINT for £2300. I complained that I never had received the DN and yet MINT were arrogant enough to persist. I then presented to them Bank Statements that poved they had received payments on the account which rendered the Defualt Notice incorrect and MINT removed it.

At the same time, MINT took back the account from Triton.

After getting a letter from MINT in June 2008 apologising for the Default I setup a standing order with MINT for the amount stated on my Statement. The first payment was for £102 as per my July 2008 Statement. This was paid well before the deadline of 14th August 2008.

Last week I was horrified to find that my Default had been put back on to my credit file. Again it was listed as Nov 2007 last year but this time with the new balance taking in to account my July 2008 and Aug 2008 Payment!! The DN showed £2186 and was dated November 2007.

I wrote a letter to MINT complaining that this was illegal and they have finally removed the DN. Apparently even though I paid the right amount in the right timescales that because I didn't contact their debt collection department directly the debt was passed to triton and I was DN'd. Well pardon me for paying what you ask in the timescale your asked for it!!

I am starting litigiation against MINT for the following reasons:

1) They cannot send me a properly executed credit agreement
2) the creidt agreement application form doesn't state interest, payment terms or value of credit card and is therefore unenforceable.
3) That the Second Default is definately illegal as it was back dated to Nov 2007 with a value that cannot possibly have occured. Mint's answer to this is that they don't hane to send a DN as they are using the original DN apparently sent over a year ago, even though the value on the DN last year was different to what I owed both last year and this year.


I am claiming for the amount of time it has taken me to administer this account - especially as I am Self Employed and this is costing me a fortune in lost income. I am also claiming £2186 to have the account wiped out as they are in breach of their terms and conditions.

One thing I would like to know is do MINT have to provide a true copy of the DN they sent to me? MINT are claiming that they don't have to have a true copy and a likeness is all that is required - is this true? How can a bank therefore prove that a DN has the right dates and the right amounts on it?

I would like any comments or feedback or advice that anyone could offer.

Thanks.

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If you apply for a copy of the Default Notice under a Subject access request, then it should be a "true copy".

Mint/RBS Card Services can be very flexible with the truth especially when requesting documents.

If a previous default was found to be improperly made, they cannot refer back to that for a second time to default the account once more.... basically they'd have to send another default notice accurately detailing the amount due and how to remedy it within the specified period.

A default is unlawful unless the proper procedure is carried out coverred by the Consumer Credit Act.

Basically I think they are making it up as they go along to cover themselves.