Hi

I have requested a copy of my agrrement from Mint using the templete letter in the libary on here.

I included the £1 postal order and sent it recorded delivery.

..It was returned to me some time later saying that there was no signature.

I therefore sent the letter from the libary saying there is no requirement to provide a signature etc

I enclosed the postal order once again that was returned to me.

. After the origional prescribed time had expired I sent the letter saying that the account had now entered dispute

as they had not dealt with my request and i also cancelled the direct debit with my bank to stop the payments.

Shortly after the 3rd letter was sent my 2nd one was returned to me (one saying there is no requirement for a signature) along with the postal order once again.

. Mint returned this to me once again becuse there was no signature on it (frustrating)

a short time after that the 3rd letter which explains to mint that the account is now in dispute was returned saying no signature and no postal order..

Now I have had 4 phone calls from mint collections

on all occasions I have explained that the account is in dispute and they should not be calling me as all interest should be frozen

and there should be no late payment fees applied.

Each time they have promised to raise complaints aprox a week later after each phone call i receive

a letter saying they are looking into my complaint and then the next day in the post comes another letter

saying that they have completed their investigation into the complaint and do not aggree with my complaint has i havnt provided a signature on my letters.

I have informed all the collections advisors that call me that they have confirmed my identity by asking me the security questions.

I have now recieved a letter from mint saying my account is in default

So my question is now...

What to do next do i need to report them to OFT and the Financal Onbudsmen?

if so is there any correctly formatted letters that i need to send ?

Many thanks in anticipation

David

as for their failure to supply etc etc

off to the ICO me thinks.

tell us more about the debt please too

dx

The basics around my debt is that

i owed 2.2k on a mint credit card

i lost my job in april and was getting my finances in order and wanted to examine the agreement to see how i stood with this

and what i could do in the view of loosing my job...

As I didnt have a copy of the agreement to examine I searched the internet to see what was possible to do

and came across this forum and did some reading and followed the process I have described in my origional post.

mint have ignored my request and have been still looking to collect the regular payments

what do I do now with regards to them progressing further

I wish to avoid having a CCJ Against me and believe from what I have read that they are acting un professionally in dealing with this

what is my next steps

do i need to write to them again to inform them that the account is still in dispute

and do i need to complain to the OFT and the Financail onbudsmen

is there any correctly formated templates for doing this that anyone can recomend.

. I must admit to been a little out of my depths in legal matters

so any help would be appreciated

Thanks

Dave

as such, you are not really disputing the debt.

though I find it funny they cant or wont honour the CCA

very strange.

pers i'd get all the statements

send them an sar.

might be lots of charges & PPI?

I dont wish to provide a signature as im guessing that they do not have a copy of my agreement which means the debt would be un-enforceable is this correct?

I didnt have PPI on this card and dont think until recently where they have charged 2 lots of late payment fees I have ever been charged any other fees. To be honnest in my current situation it would be nice if the debt didnt exist

When was the agreement taken out and was it an on line contract.

It is a mistake IMO to stop payment, they can default you and issue a notice, there is nothing stopping them from commencing proceedings even if they have not complied, and they can use you lack of payments as cause to issue a default notice.

If and when they do produce a copy all sums unpaid will be owed even those that you have withheld from within the period of none compliance. I would send them a signed request as they ask, perhaps with an added flourish or if you have a middle initial you don't usually use , anything to identify it to you, many say sign over a security strip but I do not think that this is needed.

Having a signed request gives them no real advantage and as it is they are using it a an excuse to not comply, there is no reason why you must use your normal signature

sort of.

you certainly do not have to sign a CCA request.

but i'm not saying that because it'll poss get you out of the debt

far from it. sadly.

theres a good financial link here

I certainly wouldn't want to stand before a judge and say the debts not mine mate.

esp as its still with the OC

if it had been sold to a fleecing DCA

then that's another matter.

dx

Some creditors/DCA's could use the signature and copy it to a CCA. We have had scattered reports on the forum about certain companies doing this. But as DX said,. A cca request does not need to be signed. It sounds very much like a stalling tactic and you need to get a SAR off. Keep payments going for now, but only pay the amount you actually owe. Meanwhile, await the SAR and start reclaiming.

sort of.

 

you certainly do not have to sign a CCA request.

 

but i'm not saying that because it'll poss get you out of the debt

 

far from it. sadly.

 

theres a good financial link here

I certainly wouldn't want to stand before a judge and say the debts not mine mate.

 

esp as its still with the OC

if it had been sold to a fleecing DCA

 

then that's another matter.

 

dx

Kind of

True you shouldn't have to sign , they can just send it to your registered address and mark it for the account holders attention ie you. But they are trying to stall and why give them the excuse ? as said a signature gives them no advantage.

Did you say when the agreement was executed ?

I am firmly of the position that if you fall at this early hurdle and give in to their demands for a signature they will simply continue to mess you around at a later date. Dig you heels in, you have made a laawful request they are the ones who have fallen foul here, ICO complaint is a must.

I think there is often the mistake made that these things are in some way personal, they do not care if you give a signature or not, they will just use your lack of compliance as an excuse to continue calling you, if you want a CCA sign the form and get one, if not don't, they will be perfectly happy for you not to, it will just mean that they can say you have not applied, and keep calling you.

Thanks all for your input any other info is greatly appreciated

Dont sign it. There is no requirement to. It is a stalling tactic. Simply send off the normal CCA letter, and if they refuse, fire off the non compliance letter. You have been given excellent advice already. What you need to do now is get a clear head, and start following it.

Honestly can't see an issue with playing along, appreciate it's mint/rbs and it has form in creativity but if you want the info create a signature and ask again. The clock started ticking toward non compliance at the first time of asking but in reality there's little if any relief available to you pre litigation if it chooses to obfuscate.

Honestly can't see an issue with playing along, appreciate it's mint/rbs and it has form in creativity but if you want the info create a signature and ask again. The clock started ticking toward non compliance at the first time of asking but in reality there's little if any relief available to you pre litigation if it chooses to obfuscate.

I would agree with this, if they are seeking to "stall" for some reason, failing to conform with their wishes would only appear to be assist them in so doing.

Guys seriously?

Have you read the ICO's take on when a signature is required?

If Mint are demanding a signature for a CCA request when one is not required then DON'T give in, DO NOT sign the CCA request.

If they are demanding a signature, then that tells me that they have some doubt as to who you really are.

If they have been more than happy to send you statements or documents previously then why all of a sudden are they now questioning your identity?

It clearly states in the response to their failure to send the CCA due to no signature:

Further, I note that you have sent statements and correspondence containing sensitive private information to me at the same address as that detailed in my s.78(1) request. If you are concerned that you are corresponding with the correct person I wonder why you have not verified the information before.

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998. The time to confirm my identity was before you sent your first threat letter.

It's not a case of simply signing the letter, it;s a matter of principle, and if they were so foolish as to begin legal action then they would be laughed at in the court room.

The only obfuscating being done here is by themselves.

If they don't wish to provide you with a CCA following your lawful request, then send them the failed letter when they have ran out of time, until the provide the CCA the account is in dispute.

Sure but i fail to see what good with-holding on the request will do, it is not as if they are going to loose sleep over it, if the OP is worried about copy an paste, he should sign it left handed, there is no sanction for forging your own signature.

Sign over a tamper proof signature strip or even a grid of "X's".. change the font colour to light grey or yellow and sign over.

XXXXXXXXXXX

XXXXXXXXXXX

XXXXXXXXXXX

XXXXXXXXXXX

You could also ask them to provide the legislation that backs up their demand for a signature !

The whole point here is that no signature is required.

If they can't play by the rules of which they definitely know then that is the end of the matter and the account is disputed until such time they grow up and act like adults.

There is no discussion of copy&pasting signature here, they question is on the legality of them demanding a signature, and it IS NOT required for a CCA request.

I'm beginning to doubt some of the advice being given here?

This is exactly the same as why CAGgers are told from the very beginning NOT to talk to DCA's over the phone, the exact same advice is NOT to sing letters but merely PRINT YOUR NAME.

If the DCA's and OC's don't like it tough, they know the rules.

The whole point here is that no signature is required.

 

If they can't play by the rules of which they definitely know then that is the end of the matter and the account is disputed until such time they grow up and act like adults.

 

There is no discussion of copy&pasting signature here, they question is on the legality of them demanding a signature, and it IS NOT required for a CCA request.

 

I'm beginning to doubt some of the advice being given here?

This is exactly the same as why CAGgers are told from the very beginning NOT to talk to DCA's over the phone, the exact same advice is NOT to sing letters but merely PRINT YOUR NAME.

 

If the DCA's and OC's don't like it tough, they know the rules.

In danger of going off topic again, but personally I don't think that this kind of pettiness is helpful, lets face it both parties probably broke the rules or there would be no debt in the first place, this seems like a relatively small misdemeanor IMO

Sign over a tamper proof signature strip or even a grid of "X's".. change the font colour to light grey or yellow and sign over.

 

XXXXXXXXXXX

XXXXXXXXXXX

XXXXXXXXXXX

XXXXXXXXXXX

You could also ask them to provide the legislation that backs up their demand for a signature !

Yes that's the one, I don't think that there is any legislation , they have to be sure that the copy is going to the right party but if they weren't sure they should not be sending demands of course.

You could send them a letter stating this, but you would be prolonging the dialogue which I suspect is what they want really.

Guys seriously?

 

Have you read the ICO's take on when a signature is required?

 

If Mint are demanding a signature for a CCA request when one is not required then DON'T give in, DO NOT sign the CCA request.

 

If they are demanding a signature, then that tells me that they have some doubt as to who you really are.

If they have been more than happy to send you statements or documents previously then why all of a sudden are they now questioning your identity?

 

It clearly states in the response to their failure to send the CCA due to no signature:

 

 

It's not a case of simply signing the letter, it;s a matter of principle, and if they were so foolish as to begin legal action then they would be laughed at in the court room.

 

The only obfuscating being done here is by themselves.

 

If they don't wish to provide you with a CCA following your lawful request, then send them the failed letter when they have ran out of time, until the provide the CCA the account is in dispute.

You would think of the many posters on cag I'd be the most reluctant to concede to supplying a signature to RBS group.

I don't believe anyone is disagreeing that there is not a requirement, I just fail to see how protracting disclosure of the agreement would assist. Sure, you can claim there is a dispute but without sight of it you may be prejudicing yourself if it turns up 6 months later after a complaint to the ICO minus prescribed terms or with fatal flaws.

Perhaps use the template and personalise with a section regarding its lack of candour combined with a 'specimen' signature of the OP's choosing. Copy within a complaint to the ICO.

When you put the account into dispute, it only puts it into dispute until the creditor can produce the correct CCA. again, there is no legal requirement or even a valid reason to add a signature on the CCA. It really is as simple as that.

When you put the account into dispute, it only puts it into dispute until the creditor can produce the correct CCA. again, there is no legal requirement or even a valid reason to add a signature on the CCA. It really is as simple as that.

Problem with this is that the failure to produce a copy agreement does not render an account in dispute of itself.

I think it is a case of cutting ones nose off etc.