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Mint Pay Back £12 Charges


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I noticed on my January statement mint charged me £12 for a 2 day late payment, with the Christmas post I guess.

I sent a nice letter asking for the £12 back.

A big NO from Mint telling me they had charged me £12 on 7 occasions all within OFT guidelines and in the terms and conditions .

I sent this to them.

Your Ref: XXXXXXXXXX

Account Number XXXX XXXX XXXX XXXX

Letter Before Action

Dear XXX XXXXXXX,

Thank you for your prompt response to my letter of 12th February 2009.

Your letter indicates you believe your charges are in line with the Office of Fair Trading Guidelines. In order to make it clear to you that OFT did not give you permission to charge £12.00 I include these quotes from OFT “We are not suggesting that default fees should be set at £12, and a court will certainly not consider that a default fee is fair just because it is below the threshold”. “We consider that a contract term is likely to be unfair if it requires consumers to pay more as a result of a default than the court would order them to pay if they were sued for breach of contract. This means that a default charge should not exceed a reasonable pre-estimate of the administrative costs that the consumer ought to have realised would be likely to be incurred by his or her card issuer in dealing with defaults”.

In order for you to charge me £12.00 you must demonstrate to me that it cost Mint £12.00 by you receiving my payment two days late.

I was only asking you to return the one £12.00 charge to my account, however as you have pointed out in your letter to me of 18th February 2008, you have charged me £12.00 on seven occasions.

English Law is very clear the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract. Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd (1915) AC 79.

I now require you to repay these seven £12.00 charges in total £84.00 to my account within 7 days.

If you do not comply I will commence court proceedings to resolve this matter and give Mint the opportunity to explain to a County Court how every time a customer makes a late payment or goes over their limit, costs Mint £12.00.

Should I need to commence court action I will include interest and costs.

I trust this makes my position very clear.

Yours sincerely

Now a letter from Mint £84 back + 8% interest

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Well Done :D

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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wow nice work there rev. ;)

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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  • 3 weeks later...

I think the rev got the response.. small writing at the bottom of post 1. Easily missed....

 

Now a letter from Mint £84 back + 8% interest

 

Give it a try.. can't hurt ;)

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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