I'm £12,472.52 in debt to Mint and

I've got behind in my payments.

My account has been passed onto Triton Credit Services.

I've been receiving the usual phone calls (about 5 a day) from them (I'm not answering them), plus usually 1 letter per fortnight threatening me.

Each letter gets worse,

the threats are - taking me to court,

sending round a bailiff,

a charge placed against my property

or assets

or my employer deducting money from my wages.

I wrote to them and asked for a CCA.

Things went quiet for about a month and

then my CCA turned up,

also the phone calls have started again. (one whilst I'm typing this, at 8 o'clock at night!)

The CCA that Mint sent me though only has my name typed at the top, there is no signature on it.

I kind of expected my signature to be at the bottom of it, like I've seen on other CCAs posted on here in other threads.

I need some advice,

is this CCA enforcable?

What should I do?

I'd be tempted to send them Scots letter below & see what their response is;

Re: my request under the Consumer Credit Act 1974

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

I look forward to your reply.

Yours faithfully

Print name do not sign

**amend to suit your circumstances.**

Your ref

Re: my request under the Consumer Credit Act 1974

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfill your requirements under the Consumer Credit Act 1974.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

My request remains outstanding. The documents like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this alleged account. This document neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

You had until xx/xx 2009 (12+2 working days after the request was made) to provide me with the true copy I requested. You will then be in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office the time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CCArequest. If you fail to comply with a legitimate request the account enters a default situation.

To sum up, I will not be making any payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit information industry.

I expect you to confirm in writing that the account has been closed and no further action will be taken,

OR, that the document you supplied ourselves with, is the one you intend to rely on in the case of court action

Yours faithfully

you can send this one if you like

I received a letter from Green & Co Solicitors informing me that I have 7 days to make a total or partial payment to Triton Credit Services

on an outstanding Mint card debt.

I had asked for a CCA, which they sent me, but it was unsigned.

Thanks to a couple of people on here I sent them another letter telling them that I wanted a CCA signed by me before the debt became enforcable.

It seems like our letters have crossed in the post as the Green & Co letter is dated 21st September

and I think I posted mine 23rd September.

I'm a bit worried though as whether they can take me to court like they are threatening to or can they do nothing

until they have sent me a CCA with my signature on it.

What should I do?

Any advice?

Mint, Triton and Greens are all RBS/NatWest, not separate companies with their own staff.

Wait until 12 days have passed from the day they signed for your CCA request, then send a letter telling them that as they are in default they cannot enforce.

I received a letter from Green & Co Solicitors informing me that I have 7 days to make a total or partial payment to Triton Credit Services on an outstanding Mint card debt. I had asked for a CCA, which they sent me, but it was unsigned. Thanks to a couple of people on here I sent them another letter telling them that I wanted a CCA signed by me before the debt became enforcable. It seems like our letters have crossed in the post as the Green & Co letter is dated 21st September and I think I posted mine 23rd September. I'm a bit worried though as whether they can take me to court like they are threatening to or can they do nothing until they have sent me a CCA with my signature on it.

What should I do? Any advice?

SEND TEMPLATE LETTER #16 to them fire it off soonest.??????

SEND TEMPLATE LETTER #16 to them fire it off soonest.??????

Where do I find LETTER #16? I can't seem to locate it.

Where do I find LETTER #16? I can't seem to locate it.

Go to home page and throught tmplate section

Found it! Thanks a lot!!!!

I got rid of this so-called solicitor company by informing them I was about to make a complaint to the Legal Complaints Service which is part of Law Society - www.legalcomplaints.org.uk

Basically there is some vague guideline that should prohibt solicitors for constantly contacting you as their clients mouthpiece if they have been informed of the facts and then to ignore the information given to them. ie I tell them account in dispute and relevant consumer law it and they should either respond accordingly not just pursue pursue pursue - ie actng as if they were a DCA !!

Last I heard they sent it back to Mint.. who are pretty useless - panic not.

Have you kept the envelope from Green & Co sols letter? if you have you will find it came from Triton Credit Services address. Your sols letter will be Triton in another letterhead

Complain to the Law Society, OFT and Trading Standards

After being chased by Mint, Triton and Green & Co Solicitors for the past 4 months for arrears on my credit card (I owe £12,500).

I asked for a CCA, they sent me one, not signed.

I asked for a signed CCA,

they sent me the following letter:

Any request for a copy of an executed agreement under s78(1),

states that the company must meet it's statutory requirements by providing a 'true copy' of the agreement

relevant to the card product at the date the card agreement was made, plus a copy of the terms of the card product.

These copies should be accompanied by the statement of financial information relating to the account.

When responding to requests under S78 we are compliant if we provide a 'true copy' of the agreement in

accordance with regulations 3(2) and 7(1)(b) of the consumer credit (cancellation notices and copies of documents) regulations 1983.

This means that there is no obligation for us to provide a copy of the original agreement bearing signatures.

Additionally, under regulation 3(2) a 'true copy' does not need to contain all personal information rlating to the borrower,

nor does it need to include a signature box or dates of signatures.

We have supplied a copy of the credit agreement that you agreed to after which you then received your credit card.

We have also supplied a copy of the original and current terms and conditions of that card product

with the prescribed terms and a statement showing the outstanding balance.

We have advised you who you need to contact to discuss amounts due and owing, and future payments that must be paid.

We have therefore met our obligations under s78(1) to provide a copy of that executed agreement

and again we are satisfied that what was provided complied with the regulations expressly made for controlling what is a 'true copy'.

I must therefore inform you that we see no reason to enter into further correspondence with you about alleged CCA breaches.

If you are not satisfied with this response, you may seek whatever legal redress you consider is open to you.

We do not consider this account to be in dispute and your indebtedness on this account remains due and payable

and we will be pursuing for the full repayment.

All non payments have been recorded on your credit file as has the default due to non payment.

I suggest you take advice from your local Citizen's Advice Bureau or other similar organisation

if you continue to doubt the veracity of what we have told you about our having complied with our obligations under s78(1).

Any advice as to what I should do next?

Do I give in and try to negotiate payment or are they just trying to bully me.

What would happen if it went to court?

Dear Sirs

Account number

I write with regards to the above account with your organisation.

I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as i have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.

Obviously if the agreement is improperly executed I would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

I do not view this as an unreasonable request given that by supplying the document which I have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

I look forward to your reply and would ask for a response by ( Give 21 days to respond)

Standard Mint/RBS fare. Way ahead of you, Triton are in-house collection agents and will send back to Mint sharpish. Be prepared for a lot of exchanging of letters, they will ignore you, dont forget the person writing the letter will be on 12k + bonus, had half a day training and think they know the law (they will know less than you).

From now make sure all letters state the account is in dispute and you do not acknowledge any debt to them, they will threaten court action but they legally dont have a leg to stand on. Saying that, be prepared to go to court and end up with a judge who thinks "morally" you owe the money, the judge will be wrong but be forewarned just in case.

They really have nothing but a pre contract Application Form that is unenforceable at law, but they will be able to report to the CRA's as if I remember correctly the app states you give permission for reporting to various organisations.

Put a search in for Mint/RBS as there are a number of threads that show the journey very well.

This is a classic case of where they feel they have complied and in their eyes probably have but technically could be wrong if the copy is even a smidgen out from the original...

How to prove it and how to redress is the big question and CPR 31 is a good starting place however to enforce they will need the copy of the signed document.

hi all, I'm new to this site and got a similar letter today...scared the bejesus out of me!!

So am I right in thinking that if Mint haven't got a signed consumer credit agreement from me that I am not eligible to pay the debt?

I am hopeless with money, hence the credit card debt, and would appreciate any answers in layman's terms............I just seem to be working to pay debts and 0845 numbers at the moment:(

If you start your own thread, there will be plenty of people to help you.

Generally I always make a cca request to ensure that any company asking me for money has a legal right to do so.

If you start your own thread, you will be able to keep it updated with developments and get any advice you need. I'll keep an eye out for your thread and post up the cca request template letter in there for you.

Cheers.

UF

Allied Internatinal Credit seem to have acquired my debt.

I owe Mint £12,472.52,

for 6 months I've had Triton Credit services chasing me and then the solicitors Green & Co.

Thanks to the advice from people on here I've managed to stay one step ahead of them all.

Just before christmas though I recieved a letter from AIC.

Urgent - Final notice of intent

Allied International Credit (UK) Limited (AIC) are acting on behalf of our client to recover the above outstanding balance.

Due to your continued failure to contact AIC, despite numerous letters, or the failure to arrive at a satisfactory repayment solution,

unless payment of the total amount is made to our office immediately our Client have authorised us to consider issuing proceedings against you.

For the avoidance of doubt,

the proceedings will involve a claim being issued through your local County Court

and, should judgment be awarded against you,

the necessary steps will be taken to secure full payment.

This could result in substancial solicitors fees/court costs being added to your account.

In the event that proceedings go in our favour and the Bailiff serves a Warrant,

the following options are available to us for the recovery of the funds.

Wages - your employer could receive an Attachment Order that will enable us to secure payment of the above amount from your wages.

Assets - a Bailiff could be instructed to call at your home to seize assets under a Warrant of Execution.

Property - a Charging Order will prohibit the sale of the above property and the ability to re-mortgage or secure funds.

I have asked Mint 3 times for a signed copy of my CCA. They've fobbed me off every time. Until saturday when I got this letter from them.

Thankyou for your letter dated 14 December 2009, requesting a copy of the credit agreement.

We have, however, been unable to obtain a copy of the original application form.

I hope my letter clarifies our position and apologise for any inconvenience caused.

Today at work, one of my bosses (I work for my local council) phoned me and asked if I could call in to the depot

and see him tonight as he had a letter for me and he wanted to see me in person.

I couldn't go as I had my kids to pick up from school.

It seemed very urgent as he told me it couldn't wait until next week and he wanted to see me as soon as possible.

I'm starting to think that it must be an Attachment Order from AIC.

Any advice on what I should do if it is.

Thanks in advance!

They cant do attachment untill got ccj. 'should we get a judgement against you' should being if they produce a valid ccj they have told you they cant get

I am sure that they cannot send a letter like that to your employer. Only a judge could grant a charging order, this sounds really wrong if they have disclosed any info to your employer, Im sure someone more knowledegable will be along shortly

Hi

Loopinlouie is correct. For you to have an attachment to earnings placed on you, you would have to have been taken to court, lost and failed to pay the judgement so it's highly unlikely to be that.

With the letter you have received from Mint, I would photocopy it and send a copy to AIC and tell them to go forth. No CCA=no pay

you dont know how seriouse this is

do you have a copy of the letter sent to your boss if it is an attachment of earnings

Ask your employer for a copy its your right.

then report them they have broken serious boundarys here

AIC is a right nasty bunch.

They may have written to your employer but it won't be an attachment of earnings order as they need to have obtained a judgment in order to then obtain an AoE order.

Are you sure that AIC even knows who your employer is?

Since you don't actually know what the matter is about yet it sounds like a slight case of paranoia, albeit perfectly understandable.

Anyway, sleep well. Worrying isn't going to change things one iota.

Since you don't actually know what the matter is about yet it sounds like a slight case of paranoia, albeit perfectly understandable.

I'm starting to think I might have jumped to the wrong conclusion after all that's been said.

Thanks for the advice people.