Hi this is my OH's card and have recently sent I & E due to a drastic income reduction and offered pro-rata payments.

There initial response was that as the account was up to date they couldn't action anything but would monitor it and pass to collections in due course.

In the meantime I sent CCA request to see what they would produce.

Now had a default notice (a bit of a strange one IMO) but it seems that is the only way they can look at reduced payments.

Here are both responses, any thoughts appreciated.

CCA - with deletions.pdf

i make 14 working days + 4 days 2nd class post the 11th may

thats 27days exactly

so i think the dn is ok

but i think they must give an actual date dd/mm/yyyy not xx dats from this letter.

the CCA looks good to sadly.

wait for the termination notice

that can only state arrears not the full amount outstanding.

if they do term for the full amount i think you only have to then accept the term and pay te arrears only.

there are lots of good threads on the in/outs on a dn

use our search in the blue bar above

dx

Left some personal information on DN so had to remove it temporarily! :o

Right, hopefully removed everything now!

I am not convinced that they have to issue a DN as it normally is a condition of any agreement that they can terminate the account at any time or remove the facility.

I may take this issue up with them as we had to stop payments in order to get a reduced payment arrangement agreed, so the CRA should reflect an arrangement, not a Default IMO.

Monument did with mine last year, simply stopped the facility and I keep paying until it is closed. (Fat chance of that with the amount of interest they keep adding!)

DEFAULT NOTICE - with deletions.pdf

Just a point of interest re the CCA and T+C's which presumeably are on the reverse? Are these the ACTUAL t+c's? I wonder, because the size of the printed sheet would appear to be wider and taller than the copy of the CCA.

In addition in my opinion, the documents are not clearly legible!

Hi Griffin,

It's unlikely that these t & C's would have been on the reverse, as you say, they are two different sizes, the front is just about legible with some reading glasses but only a little clearer then the scanned copy that I have uploaded.

I guess that IF they had the original, the reverse would have been illegible, hence the made up copy they have supplied.

I must admit that Mint (so far) have been the most co-operative to deal with since sending in details of I & E and a proposal of payment, we have had no phone calls whatsoever. But then they want payment ultimately.

Will post any developments.

Had two letters today as follows

1 - Account termination, dated 5/5 - Full payment of your outstanding debt is now required within 14 days. However, I note that you have made a request to repay the debt with low monthly payments. As the suggested amount is less than the required 2.25% payment, after 14 days your account will be transferred to our debt recovery office. You will then be contacted regarding the outstanding balance, in particular your request to make payments below the required 2.25% of the balance each month. Asked for card to be returned. Stated that interest will accrue at the contract rate.

Your account will be reported to the CRA's as a Default if repayment proposals acceptable to us have not been made within 28 days etc.

2 - Thank you for you recent letter blah blah

Your proposals for repayment are unrealistic in view of the outstanding liability to the Bank. However, the Bank is prepared to grant you a temporary concession in respect of your cc repayments and to accept the sum of £XX per month, in part payment of your required monthly payment for a period of six months.

Payment required within 14 days of the letter (dated 5th but not got till today 13th!) and regularly each month thereafter.

Interest charges on the account will be temporarily waived 28 days from the date of the termination notice, for this six month period.

I would also add that the concession does not in any way alter the T & C's of your card agreement with us or the total monies owed.

Statements will continue showing your current outstanding balance (I assume this will reduce accordingly?)

Whilst the Bank has accepted your proposals for repayment in accordance with the above terms, the Bank does not regard these as satisfactory. As stated in the TN a default will now be registered.

NO further action will be taken providing paid as required.

I think this is a result and my OH will start payments as agreed. At least the amount will reduce, all be it slowly but more of an incentive if no interest being added.

Just a point of interest re the CCA and T+C's which presumeably are on the reverse? Are these the ACTUAL t+c's? I wonder, because the size of the printed sheet would appear to be wider and taller than the copy of the CCA.

In addition in my opinion, the documents are not clearly legible!

It is likely that pg4 (conditions of use) was on the reverse of p3 (agreement/form) and pg5 and pg6 are a seperate piece of paper, a tri fold terms and conditions.

Looks like a very old version of everything, maybe they have better quality copies on request - although not sure whether quality has been lost when sent from them or when scanning by OP.

spark911 - look at the size of pg4 - it is larger than pg3 so it is questionable if that is actually the case.

spark911 - look at the size of pg4 - it is larger than pg3 so it is questionable if that is actually the case.

pg3 and pg4 are the same assumeably A4 portrait on my computer

pg5 and pg6 are assumeably A4 landscape?

These docs look like the dodgy ones that Mint sent me when I asked for CCA (after my SAR)... the details noting credit limit and interest rate are 'made-up' by Mint - it says so. Does not say Adsvanta does it? Mint have admitted to me they no longer have the original cca but that does not mean they have lost it and that the debt is clearly mine etc etc! They also admitted to ICO eventually - after one big struggle - thatthey have no Advanta details whatsoever - nothing. zilch. Had same documents as you from them to comply with my cca.

Basically I now have two examples of them stating they do not have the original cca but they still deny this fact. Mine has been passed onto yet another DCA and have not paid anything for almost 2 years.

I would suggest you try to find out if they have a true Advanta CCA or not by doing a SAR. They will most likely then say they do not have to provide copy of the document.. and you may well find out they do not even have statements for last 6 years either - and they should.

Hi,

Termination letter received dated 5th May, which I think is just in on the remedy date (unquoted on DN) which gave 17 days. DN was dated 14th April, sent 2nd class.

Have sent payment off to them as arranged but have asked them to justify their reasons for registering a default, in view of an agreed arrangement, which is what I believe should be registered with CRA's

H WTWT,

Have you got a thread?

Did have a quick look but you have such a lot!

Just to update this thread, 1st payment made under the arrangement as interest frozen for 6 months. So will leave this for now and deal with more pressing ones.

If they do try and play hard ball further down the line, at least no-one can say we didn't try.

I questioned the information being given to CRA's and they disagree, stating they would be irresponsible if they didn't update customers files to reflect their inability to pay! Ah well, doesn't really matter at the end of the day and at the moment, they are the only ones getting any money as they, IMO have answered the letters sent and not just bombarded us with template letters.

Thanks for all the postings on here, will post any updates as and when.