Thread: RBS/Mint Invalid DNs & received termination notices

Hi all

I defaulted on a Mint Credit Card and a Mint Loan last year and advised them that I was unable to pay due to financial hardship.

Mint Card replied thanking me for my letter and saying that best thing was to withdraw my credit facility and enclosed a DN. The DN is invalid as doesn't give sufficient time for breach to be remedied. The covering letter says "at the end of the stipulated period your agreement will be formally terminated".

I then received an Account Termination letter about a month later.

I didn't understand the technicalities of DNs at that time, but after doing much research on CAG I believe that Mint Card could be deemed to have unlawfully rescinded the agreement (as the DN was invalid).

I did come to an arrangement with them to make reduce payments and have made several. Is it too late to write to them accepting their unlawful rescission and therefore only being liable for the arrears at date of DN being issued?

The Account Termination letter does say the account has now been terminated. Could it still be open in some way if I am making payments on the existing balance. They also asked for card back but I didnt send it.

The Mint Loan situation is similar. I defaulted on it due to financial hardship of which I advised them. They issued a DN (invalid again on dates for remedy) and followed up with a Notice to Terminate YOur Loan Agreement. It says "we have no alternative but to terminate your loan ..." and goes on later on to say if I don't pay by a certain date they will take steps to recover the amount owed. The difference with the Mint Card is that I told them about my financial hardship and agreed reduced payments AFTER I'd been sent the DN and TN.

This was a couple of months ago, whilst the Mint Card was about 4 months. Is it too late to accept the unlawful recission of the Mint Loan.

Should I double check the accounts have been terminated or can I take the letters as read.

Urgent help appreciated.

the covering letter was a termination letter.

however making the agreement was awkward

how much were the arrears at the time it was terminated?

when was it terminated

how much have you paid?


hopefully you have misunderstood that you have only agreed a repayment plan for the arrears

What you should have done after receiving either the DN and covering letter (which amounts to a post dated termination)or the later termination letter is to write to them accepting their unlawful repudiation and asking if you could come to an arrangement to pay the arrears which you agree were outstanding up until the termination

the same for the other one

why dont you search through your files in case you have overlooked it

Thanks DD.
On one of them the arrears were just over £200 and the other one just over £300. The first one was terminated 4 mths ago the other 3 months ago.
I've paid approx £130 in total on the first one (2 payments made ) and about £70 on the other one again split into 2 payments.

Yes, you are quite right - I did think I was making an arrangement to pay off the arrears only. I will look back through my files for the copy letters.

Would you suggest I'd better write to them to point all this out and sending them a copy of the original letter.

Originally Posted by Pumpkinhead

Thanks DD.
On one of them the arrears were just over £200 and the other one just over £300. The first one was terminated 4 mths ago the other 3 months ago.
I've paid approx £130 in total on the first one (2 payments made ) and about £70 on the other one again split into 2 payments.

Yes, you are quite right - I did think I was making an arrangement to pay off the arrears only. I will look back through my files for the copy letters.

Would you suggest I'd better write to them to point all this out and sending them a copy of the original letter.

referring to the FIRST ONE i would write along these lines

Dear Sirs

Your Ref Account XXXXXXXXXXX Terminated Agreement

By my reckoning i have paid 130 off of the arrears on this matter

Please advise me the remaining balance of the arrears left to pay as at the time of the termination

Yours F

XXXXX

post up their reply when you get it

just goes to show that it pays to keep all your correspondence neat and tidy in one place and not all over the house

ps dont forget to keep ALL enevelopes for incoming letters and staple them to the back

Originally Posted by Pumpkinhead

Thanks again DD. Have sent off letter and will wait to see what they reply before tackling the other one. Have also looked back through my files and found that did I write to both of them back in Nov accepting their unlawful rescission/termination.

Will post up when reply comes.

Many thanks

ALSO could you put me straight on something else related to dodgy DN's, Termination and Unlawful Rescission? If I've had a Dodgy DN then get a letter asking for the full balance BUT there is no mention in that letter of account being terminated/closed CAN IT STILL BE TAKEN as unlawful rescission?

YES!!

read the thread

Tale of a dodgy DN

then (if you have the stamina) the further discussions on a tale of a dodgy DN