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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Mint CCA is this enforceable?


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Can anyone advise if this CCA is enforceable?

 

MintApplication_pg1.jpg

 

MintApplication_pg2.jpg

 

MintApplication_pg3.jpg

 

Mint_pg1.jpg

 

Mint_pg2.jpg

 

The first 3 sheets are from the same document and the final 2 are both stand alone documents.

 

Bump...any views on this CCA. I have a feeling it will enforceable, unless anyone can see anything that I have missed?

 

Can anyone help me out with this CCA? I think it may be unenforceable as the signed 3 page document is titled Summary of your application and does not contain details of a credit limit, in the Right to Cancel section it states that I have a short term to do so rather than the 14 days required. The following two pages they have provied are not part of the same document. The first is the covering letter for my card and the second is my current T&C's.

 

all advise is really appreciated. thanks

 

Can anyone give me any advice if this is or isn't an enforceable CCA. I feel I will have to offer to make reduced payments to Mint again if I cannot dispute the account. Obviously I'd prefer not to!:(

 

Thanks

 

OK....here's my DN followed by Termination.

DN1.jpg

 

DN2.jpg

 

 

Termination-1.jpg

 

Any views on this DN?

 

Bump.

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

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I origionally posted this tread in the General Debt Issues section, however I have not had any response so far. I thought I might do a liitle better in this section. If anyone could give me any advise on enforcability of the CCA it would be greatly appreciated. See link below

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/189217-mint-cca-enforceable.html

 

Thanks

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

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I thought that would be the case, I just needed clarification. I have CCA'd twelve creditors and so far it looks like half of the debts I hold will be unenforceable. I will begin to take a different stance with mint and look to make reduced payments with a view to make a reduced final settlement sometime in the future.

 

Thanks for the advice.

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

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  • 2 months later...

Mint have now forwarded me standing order details to start paying reduced repayments. I thinks its probably best if I start paying them, not that I really want to.

 

Also I will hav to try to get them to stop applying interest or it will defeat the object of me paying anything at all!

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

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  • 3 weeks later...

Is it possible that Mints Default Notice has not been served properly? Mint served 17 days from the 13th Jan, which would have a deadline of the 30th Jan. If the DN did not arrive until until 17th then the required 14 Day remedy period would not have been properly served. Unfortunately I do not have the envelope so I cannot prove this!:(

 

Would a SAR give details of postage for the default notice?

 

or am I grasping at straws?

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

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You can request copy of DN and proof of postage amongst other things via a SAR, which should show the date it was posted, but not necessarily the class of post they used. First class is deemed two days for delivery, which should give enough time for breach to be rectified.

 

Why dont you post the DN up? There may be flaws in the way it is worded, or do you have any unlawful charges to claim, and if so, what percentage of these make up the arrears stated on the DN?

 

Alan

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I'll post up the DN over the next day or so.

 

The Balance will definately include some unlawful charges which will have had an effect on the arrears. I am going send them a SAR this week. Hopefully this will give me further information on charges as well as the postage details of the DN.

 

Thanks

 

Alan.

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

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  • 1 year later...

I have recently been contacted at my new address by Fredrickson International Ltd asking for payments on this account follow by 2 letters from Bryan Carter Solicitors. The first letter demands full payment within 14 days, otherwise they will recomend to their client that legal proceeding are brought against me which would add £75 Court fee's and £80 Solicitor's costs. They also say if I dispute this debt that I should state my reasons and provide them with documentation to support my defence to their claim.

 

The 2nd letter which I recieved this week is titled FINAL NOTICE, it states that court proceedings will be issued in 10 days (13th Sept) if I do not pay up!

 

They have sent simalar letters in the past with regards to another account (link below) at my old address and have just managed to get a CCJ through default, as I was not aware of the proceedings.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?189210-Tesco-Credit-Card-CCA-Enforcable

 

Although this time I am aware of their intentions; It looks like the same is about to happen with this account, unless I can stop them. I was thinking of sending them an account dispute letter as the alledged debt includes charges. There may also be a issue with Mint's defualt Notice. Although I have not managed to clarify that yet (Detail's previously posted).

 

Does anybody have any suggestions on how I should play this?

 

Thanks in advance.

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

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What a buffoon that man is, the onus is on him to prove a debt exists and he has the right to collect. You do not have to provide any documentation or any other evidence whatsover... not until it goes to court anyway.

 

Now he has threatened legal action you can now send him a CPR request......... and watch him back off. ;)

 

 

Dear Sir/Madam,

 

 

This is in acknowledgement of your letter dated ................and also of .............The contents of which have been duly noted.

Further to you stressing that County Court proceedings will be actioned by yourselves should I fail to make contact/stressing that proccedings are about to be commenced in regard to alleged sums outstanding and alleged owed by me on the above account,I remind you of Civil procedure rules protocols. Nevertheless in my response to your letter please be advised of the following.

 

 

I put forward that you now have a requirement to provide me with;

 

 

1) A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. Please note that a "true copy" as defined by the Consumer Credit Act will not be acceptable in this case, and a copy of the actual executed agreement, including signature, is required.

 

2) All records you hold on me relevant to this case, including but not limited to

 

1. A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

3. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me with........... is required.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I make this request to ensure that each party has equal footings which can allow action to proceed speedily fairly and without undue costs or waste of courts time,as defined within Pre-action Practice Directions -Protocols 4.6 of the Civil Procedures Rules.

I will give you 14 days to respond with the above,failure to comply will result in a complaint being made to the Court./In addition to the FOS for any breaches of OFT and CCA codes.This includes breaches as a result of initiating a Country Court claim where failing to provide or produce documents make litigation improper..

Specifically this relates to one or any number of the following;

 

* demand any payment on the account, nor am I obliged to offer any payment to you.

* add any further interest or charges to the account.

* pass/sell the account or outstanding balance to any third party.

* register any information in respect of the account with any of the credit reference agencies.

* issue a default notice related to the account.

 

Furthermore,I reserve my right to make a copy of this letter available for inspection to the Court and Financial/Consumer regulators should you fail to comply with this request.

I await your response,and should you need further clarification on any of the above points,then I suggest that you direct them to your legal department.

 

 

 

Yours Faithfully/Sincerely

 

 

 

 

......................... . (not to be signed) Print name

 

 

Dated..........

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  • 2 weeks later...

I have now recieved a response from BC stating that their client Mint have instructed them to ask me to send a request with £10 to Mints data protection department to get a copy of statements or a copy of an agreement detailing how the balance was accrued.

 

Any thoughts on this?

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

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