Thread: Mint Card letter

Hi there,

Bit of a panic, I have received a letter from Mint saying that I am in breach of my agreement as I'm in arrears, I can remedy the situation by paying the arrears of £389.00 within 17 days of the notice but I don't have that kind of money as I'm self employed and struggling to pay myself. I'm just about earning enough for shopping and mortgage.

Any ideas on what I can do?

Hi Bearing
I would write to them first and explain your situation and then make them an offer of payment what every you can afford to pay each month even if its a token payment of £1.
Then i would send them a cca request to make sure they hold a valid agreement.
You can find templates for both of these letters in the template section.
Good luck. ( ;

I'm just in the process of writing them a letter with a token payment after speaking to CCCS yesterday, I'm not so panicked now as the advisor commented that they can't get out of you what you haven't got.

I shall also send off the request for the CCA.

Thanks for the good luck wishes

After sending the letter explaining my situation including my being in contact with the CCCS, I have today received a termination of Account letter.

Any ideas what I can do now?

Anybody?

Please see below a copy of the default notice I received




And also the Termination letter I received on the 1st August




Do these look enforceable?

I've noticed in the DN that the parts BEFORE THE DATE SHOWN are not in bold font when compared to the font around it, I was under the impression that this needed to be prominent in Bold lettering.

I get the distinct feeling I'm talking to myself here.

Hi bearing

The 17 days situation is debatable anyway, although even if it is acceptable I believe your calculations are correct. Even if you count the 17th day it would be Sunday as Steven states but that is still 1 day short.

However, the notice states before the date shown which would be Sat 11th which adds further confusion.

To sum up I believe the DN is defective because it does not allow enough time and the termination is therefore 'unlawful' and there could be other issues. I am sure others will be along now you have put the link on the Dodgy DN thread but in the meantime you need to read through that thread.

Pedross

It came first class.

Originally Posted by bearing

It came first class.

Then it is at least one day short according to my calculation you should have been given until Mon 13th.

However, steven's post is very relevent and I do not believe that 17 days is an acceptable statement and I have posted my reasons somewhere but don't ask me where.

Originally Posted by pedross

Then it is at least one day short according to my calculation you should have been given until Mon 13th.

However, steven's post is very relevent and I do not believe that 17 days is an acceptable statement and I have posted my reasons somewhere but don't ask me where.

Thanks, I'll do a search.

Originally Posted by steven4064

There is good case law that says that if the statutory period is not given (ie 14 clear days from the date of service) then the DN is invalid. However, I do not know of any case law which says that giving a number of days rather than a date also makes the DN invalid. Therefore you would be even more at the whim of the DJ if you relied on this fact in court IMHO

I was not sure if anyone had tested that theory yet but it appears not. Therefore the DN is 1 day short according to my calculations and should be a useful defence.

Hi steven
I am sure that the way the days are calculated are as bearing has done in post 8 with the exception of the mistake referring to 16 July.

That means the Statutory Deadline is Monday.

But the wording which must be used and has in fact been used is 'BEFORE THE DATE SHOWN' so that would make the mint deadline saturday in effect although it is not too important if I am correct in my Monday calculation.

Pedross