Thread: Davey vs Mint (RBS)

This is all mixed up together with my main thread here:

http://www.consumeractiongroup.co.uk...n-off-due.html

But it's time to branch off and have a dedicated thread so...

BASICS:

Credit Card: Start Date May 2004

Got into financial difficulties and had all the usual 'pay now' and threats etc etc

Eventually asked for a copy of the credit agreement under the consumer credit act 1974 (s77-79) at the end of March 2007.

Dear Madam,
With reference to the above account I would be grateful if you would send me a copy of this credit agreement and a full breakdown of the account including any interest or charges applied. I understand that under the Consumer Credit Act 1974 -sections 77-79-, I am entitled to receive a copy of any credit agreement and a statement of account on request. I enclose a payment of £1 which represents the fee
payable under the Consumer Credit Act 1974. I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.
I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

End of April received the following application form that didn't contain the Prescribed Terms:



I also had separate pages (then or at a slightly later date, can't quite recall) that were the current T&Cs (showing the new address I had moved to after the initial application): (Notice the statement 'information correct at last statement date' so obviously not the 2004 docs then.)
As well as the £12 charge not in force in 2004.




I also (at some point) received a leaflet of general T&Cs date may 2007.

All in all pretty useless and my replies constantly have been to be supplied a properly executed agreement conforming to s 61 of the CCA1974 - Prescribed Terms on signature document etc. I have also quoted other rules and regs as well as Wilson vs Hurstanger.

fos complaint sent off July 2007.

The replies were a joke and an example of the sentences contained in letters from Mint are:

"....enclosed is your original application form and current T&Cs.... As we have been able to prove the debt is yours i hope you will contact the debt recovery dept."

"...original T&Cs enclosed.. The application form itself states is a credit agreement...we have now exceeded our requirements under the CCA1974."

As well as:




So in other words, hiding behind S 78. My replies have been as before in requiring a properly executed agreement etc.
In the mean time a few DCAs were passed this and i sent my usual reply and or another CCA request which, of course, they mostly ignored apart from a few exceptions. These included:

Intrum Justitia

Debt Investigation Ltd

Fredrickson International ltd

Irwin Mitchell (Solicitors)

Face2Face Contact ltd

Triton Credit Services

Green and Co (Solicitors)

Needless to say, no action has ever been taken by these organisations. The letters are varied and here are a few out of interest:

http://i157.photobucket.com/albums/t...ritonJan08.jpg
http://i157.photobucket.com/albums/t...iton31Jan1.jpg
http://i157.photobucket.com/albums/t...iton31jan2.jpg
http://i157.photobucket.com/albums/t...n23febcopy.jpg
http://i157.photobucket.com/albums/t...07/greenco.jpg
http://i157.photobucket.com/albums/t...stistiajpg.jpg
http://i157.photobucket.com/albums/t...gationsjpg.jpg
http://i157.photobucket.com/albums/t...ewofIntrum.jpg
http://i157.photobucket.com/albums/t...fintrumjpg.jpg
http://i157.photobucket.com/albums/t...viewofMINT.jpg
http://i157.photobucket.com/albums/t...ct2008FRed.jpg
http://i157.photobucket.com/albums/t...redrickson.jpg

Of course, all the usual letters went off in response to these: "OFT debt collection Guidance, Banking Code, Unenforceable under s 61, account in dispute etc"

The FOS finally looked at the complaint in March 2008. And, as usual, backed up the Creditor 100%.
The letter implies i agreed to all points. Which i did not. What the letter doesn't include is the telephone conversation with the FOS. "the agreement is valid... it doesn't matter if the Prescribed Terms are there or not... you made payments towards the card and that's good enough to show a contract etc etc". You get the idea.

12 pages of OFT Debt Collection and Banking Code infringements.. forget it. "Well, you owe the money Mr davey so you've got to expect them to pursue you for it." was the answer. And also the FOS would be just as neutral when they informed Mint i had a valid agreement. Thanks for nothing FOS.



The last i heard from Mint was via Intrum Oct 2008.

Jan 2009 i sent a CPR 31.16 request for any documentation they would rely on in Court to access the merits of any case i may bring based on my belief that the agreement may be improperly executed. This was signed for (recorded delivery) 9th Jan 2009 - 6 weeks ago.. and Mint have not responded.

Latest news is i have a Solicitor writing to Mint (i won't name them on the forums) but they have pretty much said what i have been saying for the last 18 months and there's no magic wording or anything new in their correspondence. Just hoping that Mint will start taking matters more seriously after being communicated to by a Legal Firm as they stopped listening to me a long time ago.

I'll keep everybody posted in the results although may delay adding info until the matter is settled fully once and for all for obvious reasons.

subbing

subbing

Hi Scary. No news yet. The time is about up i think for the response which should be due from them re the first Solicitors letter. Therefore i expect something to happen soon.
Heard nothing from Mint directly for a long while but anticipate this coming to an end before long.
It's obvious they have nothing but the unenforceable application form (as you have had).
I'll post up again here as soon as i get anything further.. watch this space.

From yet another DCA. Remember i heard nothing from Mint for ages, then the Solicitor writes to them and after a few weeks they pass the account to a DCA. Very professional and honest behaviour eh?!

They did include a freepost envelope which i will be putting to good use with the following:

ACCOUNT IN DISPUTE

Dear Sir/Madam,

In reference to your recent letter please send any further correspondence in relation to the above account to my Legal Representative who has my full authority to act on my behalf in this matter :

** **, **** Solicitors, * ** ****, ****, *** ***.

Thank you for your co-operation.

Yours sincerely, me

Okey Dokey then this is what will happen to me as since Green & Co wrote back saying they would pass my letter back to Triton and I should receive a letter have still got zilch. So I reckon this will be next.


Milly X

Are you going to reply davey, if so whats the plan.

I take it you mean to save money on andrex when you said 'put to good use' he he

Probably so milly.. although not convinced this is genuine. Notice the date: April 1st.. could have been a joke!

Talbot:
My reply is above the letter. I used the freepost envelope and just said:

ACCOUNT IN DISPUTE

Dear Sir/Madam,

In reference to your recent letter please send any further correspondence in relation to the above account to my Legal Representative who has my full authority to act on my behalf during this serious dispute :

** **, **** Solicitors, * ** ****, ****, *** ***.

Thank you for your co-operation.

Yours sincerely, me

That's it. That's all i put.. and i won't be replying to anything else they send.
And yes, the toilet roll holder is a lot fuller now lol

ROFLMAO!!!

Is surprisingly good to receive free loo paper in these current times!!!

MillY XXXXx

OK, this morning i am really cheesed off. The Solicitor (who wrote one claim letter to mint as far as i am aware of) has run out of Legal Aid funding?! I know they get £50 a hour but how did they manage to get through £500 in 2 months?!

3 mins to check the agreement, 10 mins to check the template letter and 5 mins to put it in the out going mail + another 15 mins to write to me a couple of times = £500 (plus VAT)?!?!

As for the 'options' available to me: No.1 seems pointless and if they knew anything about Creditors and debt collection they wouldn't suggest waiting for Mint to take me to Court as it would be obvious that after 2 years of threats they are not going to on the basis of my benefit income and an unenforceable agreement.

Looks like i have wasted over 2 months when i could have been taking Mint to Court myself. hmmm

Looking around for another Solicitor that has some staying power and doesn't use up £500 to write one letter.....

unreal what a cheek, sorry to hear you've wasted time with these jokers.

Yeah apparently it's not unusual though for the £500 to get eaten up in such a way. I imagine the Creditors guess Legal Aid is involved and realise that ignoring the Solicitor will end in the funds running out quickly and the case not proceeding any further.

No response from other Legal Firms so far so going to seriously have to consider starting Legal Action personally if i can't get any help.

hello guest!

Originally Posted by millymollymoo

hello guest!

ermmm?

Originally Posted by davey77

ermmm?

:grin: no i havent gone mad just yet. There was a 'guest' viewing your thread earlier. Wondered if it was MINT


milly XX

Ah ha! I'm with you now

Well, if they are watching tell them not to get their hopes up as recent events make no difference to me. I know they don't have an agreement, they know they don't have one, and one way or another before the year is out they are going down (costing them as much profit as possible).

yeah count me in to help in any way..........

hiya davey

subbing too,

good luck though,

laters angel x

keep happy