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RBS Mint Card - Faulty DN, thus bad TN?


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Further to my comments above, I've faxed the solicitors tonight.

 

Having slept on what Pinky said above, I had a thought!

 

Could anyone have a look at the attached DN from Mint for me?

 

Bit of a long shot, but I wondered if this was "valid" - the reason is, I've had a termination letter from Mint...

 

Fingers crossed, and thanks :)

 

BL

Mint DN.pdf

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Guest HeftyHippo

The dates make it invalid. The have to specify

 

Schedule 2 para 3:

c) if the breach is capable of remedy, what action is required to remedy it and the

date, being a date not less than 14 days after the date of service of the notice,

before which that action is to be taken

 

ie an actual date, not a number of days in advance, at least 14 days after you receive it. The date of writing is irrelevant.

 

I would also say that the description of the breach is vague as it refers to 'as shown below' which doesn't seem to be there (unless its on page 2?)

 

The underlined text is underlined correctly but should be more prominent than the surrounding text

 

Some might argue that the action they will take if you don't rectify should not contain 'may' , ie everything should be 'will'

 

"Action intended to be taken by creditor or owner"

6. A clear and unambiguous statement by the creditor or owner indicating, if any

action specified under paragraph 3© or (d) as-required to be taken is not duly taken

 

I assume your name, address, card number and the arrears are all correct as they must be?

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Hi HeftyHippo,

 

yes - name address are correct. Interestingly, the Account Termination Letter which was dated 10th November, shows the arrears as £56.12 but this is because we've still been sending our pro-rata payment to them of £23.

 

There is no page 2 - I read it as meaning "....failing to make payments as and when due as shown below: Arrears on the account are £xx.xx."

 

In that case, I suppose it is quite ambiguous - as and WHEN DUE as shown below - but it doesn;t state when they were due, it just describes them as Arrears.

 

Could anyone wiser than me (where are the 3 wise men when you need them?!) give me their thoughts?

 

Cheers...

Well 6 years on and most of the defaults have disappeared, thank you CAG for a

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If they sent you a termination letter dated the 10th of November they have unlawfully rescinded the contract anyway, it is irrelevant whether the the DN was compliant because they terminated the contract 13 days after the date of the DN. :)

 

So now you have them by the short and curlys on two counts; a defective DN and unlawful rescission of contract. All you need for the hat trick is a defective CCA. ;)

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OMG! I'm worried this sounds too easy though! Can anyone suggest a wording for my next letter? And thank you all SO much for your help so far :)

Well 6 years on and most of the defaults have disappeared, thank you CAG for a

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oh, and can anyone explain the principles as to why it's an unlawful reccission of contract? I'm one of those annoying git's who likes to understand everything! Cheers. Bl

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A default notice must give you 14 clear calendar days from receipt to remedy & it must be date specific. It is not enough to state X days from the date of the notice. Unless the notice was posted first class it is assumed by the court to take four working days for service to be made.

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Ho everyone - firstly - apologies. I think I may have complicated the issue by posting anbother Default Notice in the same thread.

 

The original one was a DN from Bank of Ireland regarding a Post Office Credit Card - this is the debt on which we received a "Legal Action Pending" Letter on Christmas Eve.

 

The other was a Default Notice from MINT (dated 16th October, giving me 17 days from the date of the notice to clear the arrears) on which we've subsequently received a Termination letter (dated 10th November).

 

Sorry, I don't thyink I should have combined 2 different cases in the same thread.

 

Now, in response to the last couple of posts - The DN states "no later than 17 days after the date of this Notice", so THAT part is definitely defective. The Termination Letter was dated 10th November, so I think that was "in order".

 

I can post a copy of the Termination letter if required.

 

Cheers

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The other was a Default Notice from MINT (dated 16th October, giving me 17 days from the date of the notice to clear the arrears) on which we've subsequently received a Termination letter (dated 10th November).
It's still defective, a default notice must be date specific, giving 17 days from the date of the notice is not acceptable and because they've terminated on the back of a defective DN it's unlawful rescission.
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  • 2 weeks later...

Hi everyone, sorry I've not been around - had a berevement in the family...

 

Thanks to everyone for your helpful advice & comments.

 

Regarding the MINT defective DN and subsequent termination notice, I guess the next question is..." So what's my next step?"

 

I've sent a CCA request (posted registered on 4th Jan) just to see what they've got, but does it matter?

 

Sorry for all the questions - I try really hard to work my way through other threads, trying to learn bits & pieces but i find myself more confused than when I started!

 

Honestly, when this lot is sorted theres a donation going CAG's way for sure!

 

Cheers... BL

Well 6 years on and most of the defaults have disappeared, thank you CAG for a

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  • 2 weeks later...

Hi everyone,

 

I had some really great advice about my MINT card on one of my other threads, which basically suggests they've sent a defective DN closely followed by a termination letter.

 

I did a CCA request to see if I could get the Holy Grail and here's what they've sent me. The second page is clearly a copy of the original application form, but the rest looks like something from their "Template Library"! My first impressions are that the Application form does look like it may be a proper CCA but I still can't get my head around the Prescribed Terms etc etc...

 

Also in the envelope was the current T & C's of 09/09.

 

Could anyone wiser than me have a look over it please?

 

Thanks in advance - BL

 

Ltr - http://i777.photobucket.com/albums/yy57/citygent1911/mintccareply1.jpg

 

App Form/CCA? - http://i777.photobucket.com/albums/yy57/citygent1911/mintccareply2.jpg

 

Page 2 - http://i777.photobucket.com/albums/yy57/citygent1911/mintccareply3.gif

 

Page 3 - http://i777.photobucket.com/albums/yy57/citygent1911/mintccareply4.jpg

 

Page 4 - http://i777.photobucket.com/albums/yy57/citygent1911/mintccareply5.jpg

 

Page 5 - http://i777.photobucket.com/albums/yy57/citygent1911/mintccareply6.jpg

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Hi,

While I'm certainly not wiser, that "agreement" looks a little flawed to me.

It is devoid of any key terms.

 

Do the separate terms contain your signature?

 

The application form does state that you agree to the terms as set out separately which means they would have to prove you received them at the same time as the application. That isn't going to be easy.

 

One other thing. In the covering letter, they state they have received the fee and applied it to your account. That fee is for them and not to be used to help settle the debt.

 

Prescribed terms that should be on the agreement you sign are:

 

The APR

Your credit limit or a statement saying one will be set

Repayment terms

 

Hold fire for more peeps to comment.

 

fox

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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No, my signature only appears on the application form. The T & C's look to have been printed off a pc, probably from a database. I don't recall getting any with the application form.

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  • 2 weeks later...

Hi Oldchap,

 

actually, I've not heard anything more from them since they sent this "agreement".

 

Hopefully someone might see this thread who knows more than I!

Well 6 years on and most of the defaults have disappeared, thank you CAG for a

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Further to previous comments about the unlawful recission of the account by Mint, I'm a bit confused...

 

Although I didn't write accepting their unlawful recission of the agreement (although I understand I'm not obliged to do so), I have continued to pay the pro-rata amount I originally offered.

 

Is it now worth me writing to them (forgetting about the validity or otherwise of the CCA) along the lines of:

 

following your unlawful recission of the account last year, by my calculations I have now paid £75 towards the arrears figure quoted in your termination letter.

 

I now consider the account to be repaid in full.........

 

OR words to that effect (if someone could point me towards a better version I'd be grateful!!)

 

BL

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It looks as if you are missing the reverse of the credit card agreement.

 

The document which follows your link to the front, would appear to duplicate the text on the front - so that's not the reverse.

 

The other information appears to be a copy of the Terms & Conditions at the time of applying for the account - whilst it says that you agree to be bound by the Terms & Conditions for the "executed agreement" to be properly executed all the prescribed terms have to be in the executed agreement itself, and cannot be separate.

 

So at the moment it's a fail for RBS.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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  • 2 years later...

Hi again!

 

Enron, apologies for not coming back to you - this case fell off my radar as you can tell by the dates!! over the last 2 years, I've been receiving random letters from DCA's, but all's been quiet for a good few months until today when a letter from Wescot arrived threatening a doorstep collection.

 

Obviously I've fired off a letter saying I won't agree to an "appointment" with their agent, but it got me thinking. I initially challenged them on the grounds of unlawful recission, but I'm led to believe that that may not be sufficient to fend off court action now?

 

If that is the case, could anyone confirm whether the "agreement" in the earlier post would be sufficient defence against any court action? I'm hoping they'll disappear for another 12 months, but would like to know where I now stand just in case I get a letter from Northampton!!!

 

Cheers :)

 

BL

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  • 1 month later...

Hmmm - wescot now say that RBS complied with the CCA request so they want my repayment proposals.

 

Just referring back to what Enron said in post #9, how best am I to respond to wescot's latest letter?

 

Cheers

 

BL

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