Hi there, hopefully below are links to the two letters I've received yesterday from Mint. The first appears to be a letter telling me they are going to issue a Default Notice, the second is the Default Notice. Could someone please cast as eye over them and let me know if they think they are valid or not? For information they were posted 1st class.

Thanks in advance

This is the letter

This is the default notice

Stagparty,

Keep the envelopes just in case

GK

I've already got them safely filed away Gamekeeper

Can anyone give an opinion as to its validity please? Thanks!

Could you make the DN bigger by any chance, can read the letter but not the DN!

Hannah x

Hi Hannah

I don't quite know how to enlarge it But if I click on the text after the window opens the picture does get bigger and should be readable...

Pls let me know if that doesn't work and I'll try to re scan it

Thanks - SP

Thanks SP, that does work now!

From a quick glance I'd say it looks defective, as its not stating an actual DATE for you to remedy the breach. I'm pretty sure that they cant just state "17 days after the date of this Notice".

Await expert info on this one, but I reckon that it won't hold water

Hannah x

Thanks for the reply Hannah, I did wonder if an actual DATE had to be mentioned. Can anyone else confirm (or reject) Hannah's view please?

SP..have a read of this thread hun.....

Same OC too!

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/188673-faulty-mint-default-notice.html

Hannah x

Hannah, I can't thank you enough for your help - I'm new to this and the whole thing is causing me so many sleepless nights - hence me posting the DN at 4 in the morning. SP x

Please try not to have anymore sleepless nights...you are in good hands here! There are so many knowledgable peeps...I'm a relative newcomer (well to Default issues anyways) and every day I learn a new bit of info..its an amazing place to be

I'll try to keep bumping this thread for you, as I'm sure there will be other bits of your DN that dont comply, and others with more knowledge will be able to pick out.

Hang in there!

Hannah x

Oh i got one of these this week, i did wonder about the 'within 17 days of this letter' thing.

I also got a new card for this account this week as well!

Have you scanned your DN up Scary? Feel free to put a link to it in this thread

Thanks again for your help Hannah, realising that you aren't alone and there are people willing to help really does make a difference!

Is anyone else able to pick more holes in the DN?

Could someone also please tell me what my next move should be? If I've understood things correctly I sit and wait for them to issue a Termination Notice and at that point I only legally owe the arrears?

I've also CCA'd them and I think the time line for them responding is very very close to the date the DN is due to apply.

All advise is gratefully welcomed!

SP

Hi there,

Please can you confirm how the DN was posted e.g. 1st Class, 2nd Class, UkMail etc.

Hi Supasnooper, it was sent 1st class, I have kept the envelope. A previous comment and a link to another thread suggest it may be invalid due saying you have 17 days in which to rememdy the breach rather than an actual DATE by which it should be remedied.

I'm still unsure of the real meaning of an invalid DN, am I right in thinking that it means only the arrears are payable if they issue a Termination notice?

Can anyone please explain what an invalid DN actually means in laymans terms for me?

Also does anyone else have an opinion as to the validity (or otherwise) of the DN in post 1?

Thanks

Subbing

I too have received a default notice with "17 days" sent first class from Mint. Is this a dodgy default notice are they supposed to give a date on the notice of when to pay by or can they just say 17 days?

Hi Reader - I think the opinions given before were that the DN needs an actual date rather than give a number for you to calculate a date. Other opinions and advice as to what an invalid DN means in practice would be much appreciated.

In short, an invalid or ineffective Default Notice only allows for the creditor to seek to recover ONLY the amount of the arrears stated in the Default Notice and not the full amount of the debt.

Please read the post in the link below which minutely describes how Default Notices, Terminations and the necessary laws come into play( Courtesy of Banker_Rhymes_With ) -

http://www.consumeractiongroup.co.uk/forum/show-post/post-2166205.html

Thanks very much Supasnooper!

OK, update time... Mint have carried out their word and issued a Termination Notice telling me they will register a default in 28 days with the CRA's. In a seperate letter received on the same day they have agreed to my request (made as soon as I realised I was in financial difficulties) to make token payments for the next few months and suspending interest.

Two questions spring to mind that I would be very grateful to receive some help with...

1. As I have a fair few other things on my mind at the moment, if I do make the monthly token payments, will this mean I can't come back at them in the future because of the faulty DN (it mentioned a 17 days rather than the date by which the default had to be rectified)?

2. If I decide I'm ready for the fight now (I'm sure they won't just admit their DN is faulty[will they?]) am I better to write to them and tell them the DN is faulty and I believe the account has been improperly terminated and so I'm only liable for the arrears before they actually register the default. Or do I let them register the default, not make any token payments, let them come after me and then hit them with the faulty DN?

Or does anyone have another strategy?

Thanks in advance everyone

Could anyone give me some advice on this one please?

Hi Stagparty,

In my opinion I would cease payments (I can't afford anyway) as if the DN is faulty at best they are entitled to the arrears they have requested only.

It depends on your credit status and how long you need to sort the others out.

GK

what was the outcome of this Stagparty as I'm trying to read up on the DN as it has happened to me with a few accounts

Hi Pipster

Sorry to advise that I haven't actually addressed it with them yet, and they haven't come after me. Most of my time has been spent dealing with an officious so and so at MBNA. I'm still unsure what to do with Mint so if anyone else can help please feel free to do so!