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    • Not prosecuting in the public interest seems to be bandied about on forums frequented by students. I don't think I've ever seen a prosecution not go ahead because of that. You would have to define why it isn't in the public interest to prosecute someone who isn't paying their way and is costing other travellers more. I can't think of a reason. HB
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Mint (RBS) DN issued, account terminated - can interest be added after ACC closed?


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Hi,

 

I'm just sorting through all my accounts which I have been paying on a DMP since June 2006.

 

My balance for MINT was higher than expected, so I checked the letters and statements from 2006.

 

1st DN issued Jan 2006 - not remedied

2nd DN issued Feb 2006 - again not remedied

April 2006 - termination letter, with the sentence "interest will continue to accrue on the debt until repaid in full''

 

May 2006 - Sept 2006 interest added on statements until account defaulted in Oct 2006 (nearly £700)

Oct 2006 - default registered on CRA

 

 

I have been viewing this forum for a while, and my interpretation was that once an account was closed, then this is when the account was actually 'defaulted', and it is recommended by ICO the creditor had 6 months in which to register the default. I assumed the default would be the actual day the account was closed, but it appears to be 6 months after the 2nd DN was not rectified.

 

My questions are

 

1. Can MINT add interest onto the account after closing the account, in between account closure and default registered

2. Should the actual default date be March (2nd DN) or October? (I'm not too fussed though as its only a few months before it disappears).

 

Thanks CS

Edited by cwab_sticks
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1st dn 6yrs account should vanish from cra

 

as for int

 

they should not be charging int from term date

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi DX,

Once again thank you for your excellent knowledge and advice.

Letter will go out today, however I sense a little of 'over 6 years' and 'no' in the response!

I'm acquiring a rather large to do list, all for the FOS.

 

Meanwhile, the DSAR sent to the PO address at Southend, as stated on their website was mysteriously 'not signed for', isn't 'in their system' and so hasn't been recieved but funny enough has not been returned through Royal Mail either! I have just sent another to the registered address (should have really done that anyway and not waited 40 days!). This is only for PPI information though, which was definitely misold (cover provided by work).

 

With a bit of luck this will clear the remainder of the debt, freeing me up 2 years earlier than anticipated.

 

Thanks

CS

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  • 2 weeks later...

Hi,

 

I have a response from Mint, just as I thought full of excuses, and trying to mislead me.

I will update the contents of the letter here, after round two - incase anybody else has the same problem.

 

Some questions on defaults though, as I think I am confusing myself with DN dates, default amounts,, outstanding balances and interest which can be charged:

 

Taking the 1st DN, Jan 06.

 

If this was not remedied before the DN date of Feb, and the account terminated in Apr, and the default registered as October -

 

Should the default date be Feb?

It is marked as OCT.

I thought the actual default date was when the arrears wasn't paid (Feb) and that the creditor had six months in which to register the default (by Aug) ,

but the default was actually the date of the DN notice 'pay by date'. (Feb)

Any clarification anyone?

 

I think I am assuming this from reading other forums ie, when court action is taken I thought the amount on the DN is what the creditors sue for? (or maybe threaten anyway)

 

I also thought the balance on the account stopped after the DN was not remedied.

At most including extra interest which has accrued between the issuing of the DN and the date the account defaulted?

 

Or does the balance stop when the account is terminated 2 months later,

therefore allowing interest and charges which have accumulated since (DN printed until account terminated)?

 

Anybody have a simple explanation as to the dates and amounts,

as this is worth quite a chunk of interest which should not have been applied to the account after default/termination?

 

Thanks CS

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Hi,

 

A polite bump, and also another question:

 

If account is defaulted, full demand recieved and account not closed by creditor, can they continue to add interest?

Or when does the interest stop? I would assume after the account is in default, as this is went the agreement is terminated by means of failing to pay arrears.

 

Thanks

CS

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if the a/c was defaulted jan 06

it should not even be on your cra file.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

Hi,

 

I'm still in dispute with Mint, and a little unsure as what to do.

 

DSAR has taken since early June, and I have just received my statements (which I already have),

and the notes on my account, which appear to be a hastily typed up word document covering 1.5 pages, and only 2012.

 

There is no reference to any letters received by them, no details of any letters sent by them

(though they admit to not keeping the contents - they have omitted to provide details of letter 'codes' and dates sent.

 

In summary, the worst DSAR provision I have ever received.

And....it was sent by a card services department and not a DSAR team!

It really reads as though the person providing the information really doesn't have a clue as what is covered under the DPA.

 

In reference to the interest added onto the account after the 'termination letter' was sent by them to me,

they are making excuses as to that the termination letter was sent, but the account was placed on hold whilst I told them I was dealing with a DMP company.

 

No official documents were received by MINT in regards to a DMP until 2 months AFTER the letter of termination.

 

I believe that the letter of termination means just that, that they have actually terminated the account.

Thereafter, 6 months after the termination letter and 8 months after the issue of the default notice (and failure to pay) has the default been added to my CRA.

 

The default will drop off at the end of this month, what I am annoyed about is the hundreds of pounds interest they added onto the account after the 'account is terminated' letter,

and before actually defaulting the account.

 

Are there any experts who can confirm to me, that the 'termination letter' which states the date that the account was closed by MINT

and to which references that they will report the default to the CRA's with 28 days of the termination letter, means just that.

 

They are stating the termination letter was sent,

but the account was then placed on hold (at my request which is not true) and so the termination did not take effect!

 

I feel that I should chase up the missing SAR details, but it has taken 2 SAR requests, and 4 months as I thought the first one was lost, it wasn't they just did not action it!

They have not returned the 2nd Postal order, however they have not cashed either postal order.

 

Do I just have to accept that this will take a long time, and wait to get the SAR information or should I just send to the FOS?

Does anybody know a contact in RBS / MINT who will respond to a formal complaint in a reasonable amount of time?

 

thanks

 

CS

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threaten them with the ICO

 

give them 14 days before you fwd your complaint off

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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