Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Thank God!1 I found this website, I am getting more concious of the Banks tricks here in this country.
I've just received my last Mint cart Statement which i have not missed to pay any month. My last transaction was in March...Well I have reached my limit just in interest and payment protection, even when I paid them £100 by transfer and £80 was taken by DD. Now they pretend to charge me £20 for going over the limit by £62. So I phoned them straight away and I have been talking with one of their associates who told me that I will be charged the next month to another £20 because if I pay the minimum it won't cover the cost. I told her that those charges were illegal charge as it's more than £12 which is the maximum they can charged, she put me in mute when I requested the charged to be refunded, and again to let me know that I am not in the right to dispute this charges. I have just finish to do the letter to Mint.
I do believe this poor girl was totally new and was with a supervisor listening the call, as I have been working in the sector...But I keep the name, just in case.
Let's have a Fiesta!!
By the way, if I requested the charges back, do you think they will make me pay the account in full/ Because I don't have the money at the moment...
sorry to say this, but is this in the correct section? I mean there are many sections for each individual bank. This makes it easier for people to help you as those who are reading your posts are more likely to know exactly what you are going through.
The Mint Card belongs to the Royal Bank of Scotland, I re-checked in my Statement, that's why I put it here as there is not a section yet for Mint Card.
Complaints Dept.
MINT
Customer Service Centre
PO BOX 5747
Southend-on-Sea
SS1 9AJ
Dear Sir/Madam:
ACCOUNT NUMBER: xxxxxx
I now understand that the regime of ‘fees’, which you have been applying to my account in relation to exceeding overdraft limits and so forth, are unlawful at Common Law, Statute and recent Consumer regulations.
I would draw your attention to the terms of the contract, which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner, which complies with UK law.
I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.
I calculate that you have taken £20 and further £20, will be asked if I only make the minimum payment next month, plus the overdraft interest, as advised by “xxxxxxx” in your Customer Services Dept. I have not used the credit card since last March and I have been paying rigorously every month by DD the minimum amount without miss any payment. I even paid to you more that what it was required on my last statement.
I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest and my costs and without further notice.
Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit license under the 1974 Act. If you do not understand what this means then seek advice from your legal department.
Here is the letter I'm about to send to Mint Card, I got the template from the Library, but I have changed to remind them I have been a good customer...
Let me know your opinion, before I put it in the post.
Letter received on the 2nd of June, one day later of my first deadline. No really happy bunny...
Dear XXXXX,
Thenk you for your letter of the 15 May 2006.
We consider that our charges are fair, reasonable and compliant with all applicable laws and regulations. We are also committed to ensuring the trasnparency of the information that we give to our customers about the operation to our products.
We have however, considered the detailes statement, made on the 5th April, by the Office of Fair Trading on credit card administration charges and have responded to them. We are currently awaiting the outcome.
It follows that we do not agree with the assertions made in your letter.
Yours Sincerely,
Nicky Baker
Senior Concerns Officer
Customer Care Team
So I know it's been only £20, and now I have paid off nearly all the amount I owe them, apart from £6...Should I go to the next step...
So I know it's been only £20, and now I have paid off nearly all the amount I owe them, apart from £6...Should I go to the next step...
It's your money - go for it!
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
sorry this is late, but I've been quite busy. After no joy with my prelim letter, and get the standard, sorry, but our charges are fair, etc, and paying what I thought all the balance, they still charged me another £20 for going over my limit, they got clearly a rule to put the money you pay them as late as they want...anyway I sent them the last week a lba and claiming around £60 in late payment and excess limit charges.
anyone has been lucky with Mint? Have they settled the dispute before court?
They seem to drag things out to the very end. It would appear that I'm at about the same stage as you. I'll keep you posted as to any progress.
First Direct - Settled in full 01/07 Capital One - Settled in full 06/10/06 MINT - Settled In Full 30/08/06 HSBC - Settled in Full 15/12/06
Barclays - - Settled in Full 29/11/06 Morgan Stanley - Settled In Full 03/10/06 MBNA - Settled In Full 23/09 American Express - Settled in Full 30/11/06 via bailiffs
i'm sending my mint and tesco lba letters tomorrow, will be following you as you seem to be about 2 weeks ahead of me.
Halifax 13/7/06 sent data protection act letter
26/7/06 recieved statements
1/8/06 posted prelim letter, recieved acknowledgment 5/8/06
14/8/06 sent lba
18/8/06 offered £150 NOT A CHANCE
30/8/06 sent rejection letter to halifax
15/9/06 offered £450 no chance
15/9/06 filed court claim!!!
17/9/06 deemed served
21/9/06 letter settling **WON**
NatWest 1/8/06 rang for statements
2/9/06 got some statements
14/9/06 finally got rest of statements
30/11/06 prelim letter sent
14/12/06 lba sent
tesco 2/8/06 prelim sent ,
9/8/06 acknowledged ,
18/8/06 go away letter recieved
mint prelim sent 2/8/06, acknowledged 9/8/06
cap 1 prelim sent 2/8/06, acknowledged 18/08/006
7/9/06 offered £272 NOPE
10/10/06 filed claim
26/10/06 letter settling **WON**
I was about to do the MoneyClaim form when I received a letter from Mint saying more or less that although they don't agreed that their charges are desproportionate and have reduced them accordingly with the OFT recommendation, but as a gesture of goodwill they will refund back into my account the £60 they own me. Also they say something about the fact that from now on they expect I keep under the T&C's, bla, bla, bla... Which I did in first place anyway and they were the ones in breaking it, as they take far to long to put the money you pay in into your card. Anyway now they are the ones that own me money and I'm on credit hehe....Good luck to future moneyclaimers...
Zara_goza - Mint Card
and payment protection, even when I paid them £100 by transfer and £80 was taken by DD. Now they pretend to charge me £20 for going over the limit by £62. So I phoned them straight away and I have been talking with one of their associates who told me that I will be charged the next month to another £20 because if I pay the minimum it won't cover the cost. I told her that those charges were illegal charge as it's more than £12 which is the maximum they can charged, she put me in mute when I requested the charged to be refunded, and again to let me know that I am not in the right to dispute this charges. I have just finish to do the letter to Mint.
Reply With Quote
Re: Zara_goza - Mint Card
Originally Posted by zara_goza
Also they say something about the fact that from now on they expect I keep under the T&C's, bla, bla, bla... Which I did in first place anyway and they were the ones in breaking it, as they take far to long to put the money you pay in into your card. Anyway now they are the ones that own me money and I'm on credit hehe....Good luck to future moneyclaimers...