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CCA'd Mint, and recd a reply today, couple of days after 12&2 timing.
This was originally an RBS Advanta card, which was changed by RBS to Mint, during their rebranding.
As you will see from their covering letter, they have said that they have provided generic credit agreement terms, from the time my card was taken out, interestingly it quotes 2002 in it, but my RBS was before this !! They also say that they don't have to provide an actual signed copy of my agreement. (which I know is true on a basic CCA request).
They have also included a copy letter, not dated, and I have no copy of this in my records either, which is discussing the issuing of replacement Mint card, also has T&Cs attached, which appear current, but I have no idea really as nothings dated!!
Interestingly the credit limit quoted in this letter, which has had to be be blanked out, is my current limit ... I haven't had a recent card, so really have no idea what going on here either...!
Finally, copy of most recent statement, which seems ok ... phew !!
Guys, have a look at the docs, any comments on what they've sent??
Also, is my next best move to SAR them? Will they have to give me a copy of my signed/executed agreeement on a SAR request, or will they try and wriggle out ... as I don't think they have anything, from looking at what they have sent me!
You can either send the dispute letter, or try and get a copy of a signed agreement using the following letter:
Dear Sirs
Account number
I write with regards to the above account with your organisation.
I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as i have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.Additionally i require the underwriting sheet or other document showing any commissions paid to you by the broker or by you to the broker
(If you have any other reasons why you need the agreement such as misselling of PPI Add it here)
obviously if the agreement is improperly executed i would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.
I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances
Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.
I do not view this as an unreasonable request given that by supplying the document which i have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides
I look forward to your reply and wouyld ask for a response by 4pm on XXXX Date ( Give 21 days to respond)
Regards
I am not an expert, but I can give good advice about Brighthouse
Am learning more and more about DCA's too
I have no legal experience and all advice given is based on the knowledge I've gained from this site.
<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!
The letter above is better also £10 cheaper + they have to respond within 21 days rather than 40.
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Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.
I too have recvd reply back from Minr/RBS this week. I sent a SAR January rcvd 6 yrs worth of monthly payment slips!!, a copy of my application form and a copy of latest t & c`s. Sent dispute letter and recvd same again and letter stating they have complied with data requirements.
I wonder if Mr Brown et al know that a government owned bank is not complying with its own and previous governments legislation?
Well Spart, as far as I'm, aware an application isn't (by nature) a agreement ... so would be a good idea, if you need any help, to post up the application form, so the fab experts can have look and give you advice ...
Have sent off above CPR today, so they have until 5 April to respond. Quick Q - can they still refuse to supply the signed agreement even after my CPR letter?
Have sent off above CPR today, so they have until 5 April to respond. Quick Q - can they still refuse to supply the signed agreement even after my CPR letter?
Just want to get a bit ahead of the game really.
Thanks guys .. !
The only reason they would refuse to supply it is if they did not have it
If they had a copy, and they want you to pay, then they would send it to you.
I am not an expert, but I can give good advice about Brighthouse
Am learning more and more about DCA's too
I have no legal experience and all advice given is based on the knowledge I've gained from this site.
<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!
Thanks Clemma, thanks again for the letter ... big hug xox
I know I'm jumping the gun, but if that happened would I just send them the normal dispute letter, saying that it's in dispute as they have refused to comply with my CPR request? And then see where that takes me....
Oh, ermmm, I would presume so. I haven't had to find out for anyone yet. It would probably just be a case of jiggling the letter to suit. Will look into it
On XXXXX i wrote to your organisation requesting that you supply me a copy of the agreement for my account. My request extended to the full agreement which bore my signature. Additionally i require the underwriting sheet or other document showing any commissions paid to you by the broker or by you to the broker {ONLY USE IF RELEVENT AND INCLUDED IN THE FIRST LETTER}
I enclose a copy of the letter which was sent should for your information.
I note that to date i have not received a reply from your organisation nor have i received a copy of the agreement which i requested. in view of the circumstances i do not feel it unreasonable to ask for this document to be disclosed, it is not commercially sensitive nor is it a restricted document and should be easily accessible for an organisation such as yours. therefore i would ask that you provide me with a copy of the contract which bears my signature, i require the complete document with all its parts .
the reasons why i require this information are clearly set out within my original letter dated XXXXX , but for clarity i require this document for the following reasons
1.I require this as i have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed
2. Because i believe that the Payment protection insurance was not correctly incorporated within the agreement
3.because i believe that there was a commission paid in repect of this agreement which has not been disclosed to me and therefore is a breach of agency law
4. ...................
since this matter is likely to be subject to proceedings and gioven that your organisation is likely to be a defendant in any action which would be brought by me, i must draw your attention to Civil Procedure Rules part 31.16(3)(C)&(D) which gives the court the power to order you to disclose this document to me.
The disclosure of these documents will allow me to consider any claim i may have against your organisation and will allow for the matter to be dealt with possibly without the need for costly litigation. Therefore i again ask that you provide me with the documents which i have previously requested . I don't not consider this request unreasonable and therefore if you fail to comply with my request i will be left no option but to make an application to XXXX county court for an order made under the provisions of CPR 31.16 ordering you to disclose the documents which i have requested.
additionally i will ask the court to make an order for my costs in bringing this application and reserve the right to disclose all communications in this matter before the court should such an application become necessary
Please confirm by no later than 4pm on XXXXXXX that you will comply with my request or if you will not comply, please provide your reasons in writing
Regards
XXXXXXXXXX
second letter
I am not an expert, but I can give good advice about Brighthouse
Am learning more and more about DCA's too
I have no legal experience and all advice given is based on the knowledge I've gained from this site.
<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!
Mint have until Monday to reply with the copy agreement, after I sent the original CPR request.
I had originally asked for a copy of the agreement, as I wanted to check how they applied interest, and why it wasn't reducing in line with the recent changes in BOE rates (which I'm stating as my basis for requesting agreements for all my ccards) - but all Mint provided was a generic agreement from the time.
Anyhoo, can I have an opinion if the above letter kindly posted by the lovely Clemma is the best next stage of proceedings?
Mint by the way have called a couple of times when I stopped payments after they sent the generic docs. However, I advised them that as the acct was in dispute, payments had been temporarily suspended until the matter was resolved.
They seemed to be ok with that, and I haven't had a call for a good 2 weeks - also no chasing letters received ..... yet !!!
I have sent account in dispute letter, no response and then account in serious dispute (thought they might shake in their boots). Got usual standard reply pay us arrears or DCA involved, now im shaking in my boots.
Think putting in a complaint to everyone is the next step.
You go for it ..... !!! But, why waste a stamp .... they can't proceed down the (undisputed) court route and the will know this....
My plan will be to let them issue court proceedings (if thats how they play it) and get them struck out (think thats what you say, if they are the ones in the wrong ?).
Mint - what a load of rubbish they've sent !
Advanta card, which was changed by RBS to Mint, during their rebranding.
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Re: Mint - what a load of rubbish they've sent !
I am not an expert, but I can give good advice about Brighthouse
Originally Posted by Abby25
