Thread: Yogabear v RBS Mint

Looks unenforceable to me as it is just an application form. The T&C's show nothing to link them to your account.

Send them this letter:

I DO NOT ACKNOWLEDGE ANY DEBT

Dear Sir/Madam

RE: Agreement/Account number

Thank you for your response to my letter dated xxxxxx 2009, making a formal request for a true copy of the original credit agreement for the above account under the Consumer Credit Act 1974 (Sections 77-79).

The documents you supplied me appear to be no more than an application form, and as such are not a satisfactory response to my request. Nowhere on the front of the document is there any reference to the prescribed terms and conditions that such an agreement must contain. I must assume that these are unconnected documents and once again inadequate to satisfy your obligations.

As you are aware you are obliged to provide me with a true copy of my agreement as defined under Section 189 of the CCA 1974. and I consider that you have failed to comply with my request for these documents


Under the terms of the above Act, a creditor has 12 working days to provide the requested documents. This deadline has now passed and I have not received the requested documents from you.

As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable & I therefore consider that this account is in dispute with immediate effect & it follows that all payments to this account are suspended forthwith.

I draw your attention to the legal requirement that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and therefore the following applies:
You must not demand any payment on this account, nor am I obliged to offer any payment to you.
You must not add any further interest or charges to this account.
You must not pass this account to any third party.
You must not register any information in respect of this account with any of the credit reference agencies.
You must not issue a default notice on this account
I hereby give you notice that if you proceed with any of the above actions, I will file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service.

Yours faithfully

You can also add bits from the letter I posted on your other thread about the T&C's if you wish.

Originally Posted by Yogabear

Hello fellow Caggers,

I have had a response from Mint providing me with my Credit Agreement, im not sure on this one, i think it may be enforceable.
Can anyone clarify?

Link is below

Thanks

Yogabear

Mint pictures by yogabear - Photobucket

No, its not enforceable.

Originally Posted by TheScaryOne

Oh forgot to ask on basis do you believe this agreement to be unenforceable?

I have put reasons as to why it is unenforceable on post number 2 (see above).