Hi oh my god everything is pear shaped at the moment:rolleyes:

rang mint after receiving a default notice, by the way the DN was confusing as it did not have a date to comply by. However, I rang and arranged a temporary payment plan. [they were not that helpful as the temporary payment was the MINIMUM payment not allowing anything less. joke or what!!!

received confirmation in writing of plan and payment for that month from them had been taken, next payment was not due until october as agreed.

I received a TERMINATION NOTICE letter dated 12 days later demanding the FULL BALANCE.

Now I had not reneged on my side of the plan, so after receiving this I did not pay octobers payment as I believed that they had terminated the payment plan as well.

Was I right to do that or not???

The debt is now at triton credit services whom I CCA'd ut are over their deadline now.

can anyone make head or tail of this.

I was complying with their DN and payment plan and yet they terminated the agreement 12 days layer after receiving a payment.

What right had they to demand the FULL balnce when I was adhering to the plan??

Milly X

Also are they allowed to charge interest on a terminated account as it has grown in a month of the termination letter balance on the triton letters by £220:eek:

hiya gal

i would check out if the default notice is valid if not then now they have terminated you, its worth advising us what the dn actually said, of course protect yourself of your details then someone far more experienced can also advise you ref the termination notice and where you go from here

brb going to check out something on one of my threads for you - Am Back see below

courtesy info from creditcardmug who has helped me understand this better

*******

Heres the info on DNs to help you,

35. Section 2 (5) and (6) of the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 sets out the following

(5) Where any statement is required to be in a form specified in a Schedule to these Regulations and is reproduced in the notice, then apart from any heading to the notice, trade names or names of parties to the agreement-

(a) the lettering in the statement shall be afforded more prominence (whether by capital letters, underlining, large or bold print or otherwise) than any other lettering in the notice; and

(b) where words are both shown in capital letters and underlined in any statement specified in a Schedule to these Regulations, they shall be afforded yet more prominence.

(6) The wording in any such statement shall be reproduced in the notice without any alteration or addition, and in relation to any statement to be contained in the notice the requirements of any note shall be complied with, except that the words "the creditor" may be replaced by the name of the creditor, by the expression by which he is referred to in the agreement or by an appropriate pronoun, and any consequential changes to pronouns and verbs may be used.

36. The notice fails to include the following statement in the form as shown

"IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH

37. Also the notice fails to set out the statement as set out below

"IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU [OR A SURETY]"

38. The statements referred to in points 36 & 37 are laid out in schedule 2 of Consumer Credit (Enforcement, Default and Termination Notices Regulations 1983 (SI 1983/1561)

39. For a creditor to be entitled to terminate a regulated credit agreement where there is a breach, demand repayment in full or take any legal action to recover any monies due under the agreement, a creditor must serve a Default Notice under section 87(1) CCA 1974 which states

(1) Service of a notice on the debtor or hirer in accordance with section 88 (a "default notice ") is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,-

(a) to terminate the agreement, or

(b) to demand earlier payment of any sum, or

© to recover possession of any goods or land, or

(d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

(e)to enforce any security.

40. I note the opening part of section 88(1), which states

88. Contents and effect of default notice.

- (1) The default notice must be in the prescribed form.......

The word must makes it clear that no variation is acceptable. Therefore it cannot be dispensed with as a De Minimus issue

41. I note that the regulations do not allow any variation in the form of these statements and there fore it is suggested that where the statements are not as laid down in the regulations the default notice is rendered invalid as a consequence

Hello Maz:). Will try and scan it up later.

The DN showed credit limit, balance and arrears. Then went on to say 'the breach is capable of a remedy if you make a payment sufficient to clear any arrears and which leaves the balance within the credit limit'

My question is the arrears shown said {lets say £244}

- nowhere did it say the overlimit amount.

- the DN said make a payment sufficient but only stated the arrears amount WHICH WOULD NOT be enough to place it within its credit limit or take into account the interest they were adding to that.

Should the overlimit amount been stated for me to FULLY comply with the DN and would this have rendered it invalid as not staing the CORRECT amount to remedy the breach it had stated.

The other thing THEY agreed the payment plan to be the minimum payment and yet I have just seen the payment plan letter said this:

'We will now accept monthly payments of £xxx on the account on the condition that all arrears are paid and your account is within the credit limit WITHIN 3 MONTHS OF THE DATE OF THIS LETTER.'

we are unable to reduce or suspend interest on the account, which will continue at the agreed rate'

Now this is what gets me THEY agreed the monthly repayment and yet it would NOT in 3 months put the account back within the credit limit as

a] the payment agreed was not sufficient to do that because of the overlimit amount due to their penalty charges anyway

and b} the interest on top and charges!

As I said they then terminated the account showing the payment I had made as a reduction in the balance BEFORE the next payment was due.

Also the DN had a date of service but no date to remdy by it said 17 days from the date of this notice. though I have now read on the forum that this would be sufficient for them anyway even without an actual date .

Milly X

Here we are:

hmee, like i say im still learning all this,

i know i didnt have the full 14 days clear notice for when mine was sent to when i should have remided mine, and that makes it defective,

but with yours saying 17 days, im wondering did you keep the envelope and can you remember if you got it to allow you 14 full days before so giving them proper notice toyou?

just my thoughts at the moment but i think you do need further good advice from the experienced caggers ref the termination notice now too

good luck and keep bumping the thread so you can get someone soon to help you with this

ciao for now maz

the payment plan agreement in which one payment had already been made as of the date of this letter.

The termination 12 days later even after I had made the payment on the 5th as agreed.

Hi Maz, thank you anyway for your input as all help is appreciated:)

yes I acted on this default notice on 5th september the date of the agreement to payment plan. I cannot be sure when it arrived though as I had just got back from my holidays . I believe the time for compliance they were within the deadline given albeit NO date to comply just 17 days.[ though I read that this would comply i believe}

What i am concerned with is that they TERMINATED my agreement whilst under a payment agreement what I had kept to before THEY terminated my account and that the DEFAULT NOTICE did not correctly state the remedy in the figures as it quite clearly stated to be within your credit limit was to remedy the breach. My argument is that the DN should of stated the overlimit amount so that I COULD comply with the breach as stated.

Mint also when agreeing the payment plan within the DN deadline wanted me to make the minimum payments and this WOULD not of been enough to remedy the breach according to the DN.

Also, Mint then TERMINATED whilst NOT IN BREACH of their payment plan.

see why I am confused!!!!

milly XX

hiya milly

yes i agree, im confused too, but there has to be some way of sorting this out, i believe that if you hit the red triangle, then the mod can get to view your thread and get an experienced cagger to your aid,

but allow the rest of the day as you may get the caggers coming to you later

off to do dinner butkeep in touch and keep positive if nothing else ive learnt is that learning new stuff is all good in the end,

take care ciao for now MAZ x

Hi

Have you checked to make sure you actually have an agreement which is enforcable?

Did you have or claimed back, any charges from this account?

Thanks Maz:) and Hi Ukaviator:)

I requested a CCA request and they have not produced one yet and they are a week over the deadline at the mo.

I have also noted that on termination notice the balnce stated and the subsequent letter from Triton credit services that the terminated balcance has grown by £220:eek:

i also RECEIVED two statements from mint post termination which shows they were processing the account as live by the issue of the statements.

Do they have a clue in what they are doing??

Shall I now send letter to TRITON regarding the CCA not being received??

Milly X

oh also no I havent claimed back any charges on the account and they must be at least £500 without interest.

Hi should the DN not have the actual date to remedy by? If you look at the bit that says in capitals BEFORE THE DATE SHOWN. This is extremely confusing to the consumer I believe.

How can it be 'before' when the date is the date of service/letter. If this turned up 4 days after posting then it would be too late anyway.

Also I read on another thread this:

(b) where words are both shown in capital letters and underlined in any statement specified in a Schedule to these Regulations, they shall be afforded yet more prominence.

IT IS NOT AFFORDED MORE PROMINENCE

to be honest the DN was confusing as the when I got back from holiday and rang I was panicking cos all I saw was the date and thought it had passed never noticed the 17 days bit as it was not prominent at all.

The envelope is sneaky as they have a 'S postage paid GB' on it and am not sure what class post that would of been.

Milly X

I dont really know how good mints administration system is, im in process of a CCA request myself. Im pretty certain when i applied i just signed the application form, and they sent a card and a letter with the prescribed term on it. No signature from myself on there. It will be fun to see if they produce a recreated version, we will see. good luck!

Hi Michael83:)

It certainly will probablyy be recreated. I am still waiting for mine.

Got a letter from Triton today saying they were doing a temporary payment plan review and that I needed to pay the full money:rolleyes: Idiots i was in a temporary payment with mint till the idiots terminated the agreemnent a few days after agreeing the plan and taking the agreed payment.

still waiting..............................

sent triton a letter special delivery just in time for xmas in reply to the last post. shown delivered. A strange number came up on 3rd jan went on 'who calls me' and its triton ....call barred!

Expecting a letter now;)

Milly X

just adding this link for my ref:http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/115280-useful-information.html

just a thought...........

I S.A.R'd them a year ago using the standard template. They sent all statements, records of any calls etc. No credit agreement though {mind you I did not specifically ask for it as it was the standard template.]

Just wondering if I should S.A.R them again now or should that of provided everything then including the agreement???

Also, when the envelope arrived it was ripped open but did not seem to have any contents missing, however they changed my credit card number on my request. On my credit files it shows that they closed the old account and opened a new one with the new account number Should there of been a new credit agreement or would the old immediately be the same agreement?

Also both numbers would link me as to the address and they closed the first and reopened the new one not me,so surely they would be able to find the thing!

By the way havent received anything since CCA'd triton. Not even an acknowledgement and yet it is shown delivered two days later. They are nearly 6 weeks over.

Milly X

Hi got this today a 1 page document with no terms and conditions of the card. The agreement was taken out on the internet in 2000.

they also sent a copy of it looks like the current card carrier back and front 2 page doc i believe. Flawed as the APR does not match though.

Is this an enforceable CCA as it has no terms and conditions just the 1 page, in the small print it refers to terms and conditions. It also says' I apply for an RBS Advanta Classic Card and Pin to be issue to me.....' so this was obviously sent pre contract/card issue as no credit limit or number is mentioned.

MillyX