Hi

I sent a cca request to mint for a copy of my agreement with them,i received the following from them and i wonder if what they sent is a true copy,is this just a application form copy,the box where they sign and date seems to have been cut and pasted on to the form and i can't read what,s dates there or who signed, also the credit amount thats there is wrong it was only around the £2,500 when first taken out.

http://i169.photobucket.com/albums/u230/barns66/mint-1.jpg

Seperate sheet they sent link below.

http://i169.photobucket.com/albums/u230/barns66/mint2-1.jpg

barns66

They sent you an application form.

Also the terms and conditions on page two refer to charges of £12. Which were changed recently. But the application form is dated 2000.

The terms and conditions/key information should be the ones that would have been from 2000 and the ones that would have been with the agreement at the time.

They've just cobbled together a few bits to make it look like they have an enforceble agreement.

All the pescribed terms should be on the signature document. Nowhere does it refer to the second page.

So I would say it's unenforcable.

As fuzzy said unenforcable

Hi

Thanks for your replies fuzzy + credit,i will send a letter and ask them for the proper documents.

barns66

Quick update on this,i sent a letter pointing out that they seem to have sent me a application form and not what i had requested,waiting to hear back from them.I then got a letter from a dca telling me that they had been instructed to collect the alleged debt from by Rbs mint on the 14th July 2008 that was the same day the letter is dated that they sent with the info shown in photos.I sent the dca a email on Monday pointing out that the account was in dispute with Rsa Mint,they replied informing me that Rbs Mint have never informed them at anytime that the account was in dispute and have returned the account to Rbs Mint.It seems strange to me that they sent it to the dca before i received the info requested,waiting now for further developments.

barns66

Who was the DCA sent you the letter?

Who was the DCA sent you the letter?

Intrum Justitia.

barns66

Hi

Just a quick up date,i received a letter back from them stating as they have supplied a copy of the credit agreement that i signed,they also included in this letter 2 pages they say are the terms and conditions when the agreement was made,have they now fullfilled there obligation.I am still a bit suspect on what they have sent on 2 matters at least,Point one on the copy of the application form next to the box with gross annual income the other box contains figures of £10,000 these figure have not been entered by me,is this the credit card limit when i took the card out,if it is it's wrong as the limit was far less than that.Point 2 the box they have signed seems to have been copied and pasted in there,i can't make out the person who signed or the date signed

http://i169.photobucket.com/albums/u230/barns66/MINT55.jpg

http://i169.photobucket.com/albums/u230/barns66/MINT45.jpg

barns66

Hi, its all smoke and mirrors mate, if the last box on the app form doesnt say prescribed terms overleaf (which i cant read) then its unenforceable and can only be decided upon in court

Thanks for your reply credit,it does say prescribed terms overleaf,i still don't understand which of the 2 pages sent this refers to,i about to send a letter to them asking for clarification on 3 points on the application form sent.I thought i had read somewhere that any credit agreement before 2005 must contain the t & c within the document and not on a seperate page.Will let you know when i hear back from them.

barns66

Morning,quick update received another letter yesterday and they still are adamant that they have supplied the correct documents and this is our final response.

barns66

Hi barns66

It's very hard to read your scanned agreement, but:

Hi

Just a quick up date,i received a letter back from them stating as they have supplied a copy of the credit agreement that i signed,they also included in this letter 2 pages they say are the terms and conditions when the agreement was made,have they now fullfilled there obligation.I am still a bit suspect on what they have sent on 2 matters at least,Point one on the copy of the application form next to the box with gross annual income the other box contains figures of £10,000 what does the text say to the left of the box you are referring to? The '£10,000' looks very neat and may have been filled in as an example? these figure have not been entered by me,is this the credit card limit when i took the card out,if it is it's wrong as the limit was far less than that. I don't think that is meant to be any reference to the credit limit Point 2 the box they have signed seems to have been copied and pasted in there,i can't make out the person who signed or the date signed

 

 

http://i169.photobucket.com/albums/u230/barns66/MINT55.jpg

http://i169.photobucket.com/albums/u230/barns66/MINT45.jpg

 

barns66

Thanks for your reply credit,it does say prescribed terms overleaf,i still don't understand which of the 2 pages sent this refers to, I agree. Very hard to see, but it looks as if there is a statement which says "I accept and agree to be bound by the general conditions applying to the card as set out separately, and the details of the card as set out overleaf...." So where is the copy of the details overleaf? Even if they can supply the separate general conditions applicable at the time you took the card, IMHO that would not make the agreement enforceable in court, as they would actually have to be able to show what was being referred to overleaf. So it seems they would have to provide the original 2-sided document to prove their claim in court. Although they may not yet have provided you with a copy of the other side of the application, it does not mean they don't have it, or the original, so I guess you need to pressurize them into supplying a copy of the other side. i about to send a letter to them asking for clarification on 3 points on the application form sent.I thought i had read somewhere that any credit agreement before 2005 must contain the t & c within the document and not on a seperate page.Will let you know when i hear back from them.

 

barns66

Good luck

Rob

Hi Rob,thanks for your reply.

what does the text say to the left of the box you are referring to? The '£10,000' looks very neat and may have been filled in as an example

There is no text just £10000

Point 2 the box they have signed seems to have been copied and pasted in there,i can't make out the person who signed or the date signed

I think it as been copied and pasted as well and i can't make out who as signed it or the date it looks like 2000 but the date i can't make out.

"I accept and agree to be bound by the general conditions applying to the card as set out separately, and the details of the card as set out overleaf...

This is the text from the declaration box.

I apply for an RBS Avanta Card and PIN to be issued to me .I accept and agree to be

bound by the general conditions applying to the card as set out separately amd the details

about the card as set out uverleaf both as may be amended from time to time.If i have

applied for a Gold Card and my application is not approved,I confirm that this form is

am application to be issued with your classic credit card.If requested i hereby autirise

you issue am addional RBS Avanta Card (of the same type issued to me) to the person

named for use on my RBS Advanta Card account.I confirm that my personal informationmay be used as described in the Data Protection box above.I understand that for protection of customers and RBS Advanta the information i have supplied is checked and if any substantial

differences are revealed the Credit Industry Fraud Avoidance System will be informed.

barns66

 

"I accept and agree to be bound by the general conditions applying to the card as set out separately, and the details of the card as set out overleaf...

 

This is the text from the declaration box.

 

I apply for an RBS Avanta Card .......

Hi

I was just re-emphasising what had already been said in the thread regarding the details of the card as set out overleaf as without seeing them you obviously do not know what they are (and neither would the Judge ). Unless RBS can show what those terms were, they cannot prove anything, so you need to insist on receiving the 'other side' of the application form.

Cheers

Rob

Hi.

Just a quick update,they have now passed this on to Allied International Credit (UK) for collection,would it be a good idea to sent these muppets a in dispute letter and a cca request.I am going to get in touch with Mint again stressing i have still not received what i requested.

barns66

You've done the right thing.

Keep up the dispute unless they provide something that's properly enforceable.

They'll try any tricks to con you into paying something.

If you feel brave enough, invite them to take you to court and prove it there. Most of them will decline that offer. Some of them have realised that taking on a CAG member is getting a bit too expensive.

Thanks for your message fuzzy,will be getting the letters posted to mint and the dca on Monday,will keep you informed how i go on

barns66