Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1
    Basic Account Holder
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    Default Mint & Sqn confusion! help!!

    Hi there

    I recently wronte to MINT/RBSicon requesing a true copy of CCA, enclosed the £1 and its at the end of the 12 + 2 days for them to send me a copy.

    However! I have received a lettericon from SQN on behalf of Mint and I am so confused with it (which is probably what they want to do anyway!)

    It reads

    'we are writing to you because we are trying to contact xxxxxx xxxxxx, concerning an important matter.

    We have used the servces of external agencies and therefore wish to verify that we are contating the right person..

    Please call us on freephone xxxxxxxxxxx to discuss.'

    sqn services '

    is this the typical trying to blow smoke up my a**** tact?

    Can i now put the account into dispute because they havent provided me with the relevant details but they have take my fee etc??


  2. #2

    Default Re: Mint & Sqn confusion! help!!

    Hi and welcome

    Yes you can now put the account in dispute. Did you send letter RDicon? if so have you checked that they received it?

    Amend to suit:

    Account In Dispute

    Dear Sir/Madam

    Ref:

    Thank you for your letter of xx/xx/xx, the contents of which have been noted.

    You have failed to respond to my legal request to supply me with a true copy of the original consumer crediticon Agreement for the above account.

    On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

    You have failed to comply with my request, and as such the account entered default on xxxxxx.
    (12+2 days after you sent the CCA Requesticon – Delete this line)

    The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

    Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

    As you are no doubt aware section 77(6) states:
    If the creditor fails to comply with Subsection (1)
    (a) He is not entitled, while the default continues, to enforce the agreement. Therefore, this account has become unenforceable at law.

    As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

    Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

    This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

    Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

    It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. If you not respond within 14 days I shall take it that this means you agree to remove all such data.

    Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.


    The lack of a credit agreement is a very clear dispute and as such the following applies.

    * You may not demand any payment on the account, nor am I obliged to offer any payment to you.

    * You may not add further interest or any charges to the account.

    * You may not pass the account to a third party.

    * You may not register any information in respect of the account with any credit reference agency.

    * You may not issue a default notice related to the account.

    I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

    I would appreciate your due diligence in this matter.

    Please note that all communication must be in writing only.

    Yours faithfully,

    Remember if you use your usual signature put a line or a cross through it somewhere so you would know if it is ever copied and pasted.

    I personally would ignore the letter they just want you to phone them and then they will try the bullying tactics to try to get some money out of you.
    If they have had to use external agencies to get your details then I would say it wasn't passed on to them because they should have the correct information.

    Never ever speak to them on the phone.

    Hope this has been of some help.

    DG

    I have no legal training my knowledge comes from my personal life experiences
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  3. #3
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.




    Follow Real_CAG on Twitter
    Cagger since : Jun 2009

    Posts
    30

    Default Re: Mint & Sqn confusion! help!!

    Hi
    yes I sent it RDicon and it has been received.
    Do I reply to Mint or this SQN muppets.?


  4. #4

    Default Re: Mint & Sqn confusion! help!!

    Well as SQN seem to be fishing a bit as they don't seem to have the information if they had to check outside agencies for details send it to MINT. IKf you send it to SQN they will have your correct details let Mint do the work you should get a response from the account in dispute letter.

    DG

    I have no legal training my knowledge comes from my personal life experiences
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  5. #5
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.




    Follow Real_CAG on Twitter
    Cagger since : Jun 2009

    Posts
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    Default Re: Mint & Sqn confusion! help!!

    That sounds favourable.... Il send a copy of that letter Above to mint by RDicon


  6. #6

    Default Re: Mint & Sqn confusion! help!!

    Remember to keep a copy of the letter and I would start a file off with everything in order. Also when and if you get a response keep the envelope and write the date on it you received it if it doesn't have the date stamp on the envelope.

    I had a letter dated 19th June and it only arrived on the 30th I think it was.
    Dates could be important if you need details for anything.

    DG

    I have no legal training my knowledge comes from my personal life experiences
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