Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


Results 1 to 9 of 9
  1. #1

    Default Mint Card Offer Vs. Court Stay

    Court wrote saying the case will be put on hold until OFT case has concluded. Mint has written and made an offer short by about 30%.

    Can I ask the judge to proceed before OFT test case concludes or would I have to wait?

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  2. #2

    Default Re: Mint Card Offer Vs. Court Stay

    You'd have to have a valid reason for a stay not to be applied on the claim.

    In this instance I would suggest that a stay should not be applied to the claim, as the current OFT case relates purely to overdraft charges on bank accounts. There is already an OFT report in place relating to credit cards which was published in April 2006 with which Mint(RBSicon) have complied.

    The issue here is whether the penalty charges made against customers truely reflect their costs, or whether they are profiteering from said charges which is against contract law.

    If the draft order was adopted for this claim it would bring all matters to a fore. By means of a full breakdown of the defendants costs it would be possible to assertain whether the charges are fair & reasonable, or if the defendant is levying a highly inflated figure to customers which don't match its costs.

    It is industry standrd for events such as as late payment charges and over the limit charges to be entirely automated thus costing the defendant a matter of pence as part of an overall IT billing system, as such it is your own opinion that the defendants charges are pure profiterring.


  3. #3

    Default Re: Mint Card Offer Vs. Court Stay

    So I should use the skeleton letter to argue this with the Judge and use the reject offer letter for their solicitor

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  4. #4

    Default Re: Mint Card Offer Vs. Court Stay

    Its the same arguement which I used in my claim against Citi to prevent a stay being put on it.... and it worked.... so worth a go with RBSicon.

    And obviously that means the rejection letter going to RBS.

    Though as with all these matters its your decision as to what move to make.


  5. #5

    Default Re: Mint Card Offer Vs. Court Stay

    Well I think they deserve to pay back the money they took

    Cheers, will keep you posted

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  6. #6

    Default Re: Mint Card Offer Vs. Court Stay

    Been through the full process including appearing at court against Citi (and winning) so if you need any help let me know.


  7. #7

    Default Re: Mint Card Offer Vs. Court Stay

    wow actually went to court? So if it comes to it you wouldn't mind giving me some tips?

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  8. #8

    Default Re: Mint Card Offer Vs. Court Stay

    Yep, its a very, very rare occasion that happens, but Citi seem to have a different approach to all the other films.

    At the end of the day if you can cast doubt onto the stance the bank is taking, i.e. they are charging customers 12, 18, 20 etc for default of contract that can help you get the draft order adopted which orders a full breakdown of their charges.

    From the point of view of RBSicon, charges such as "late payment" and "over the limit" fees are entirely automated, thus costing the bank a matter of pence and not what they levy against customers. An indication of this will be their non-compliance with the SARicon if you sent one, the template here requests manual intervention information which they are guaranteed not to have sent. This would show if any human action was taken at the time your penalty charges were applied.


  9. #9

    Default Re: Mint Card Offer Vs. Court Stay

    Settlement Offered/

    Cheers

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