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lil old me

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About lil old me

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  1. I dont have the entire quidelines, just an extraction from Experian quoted from the ICO. I have not seen any of this on headed paper from the ICO mind. The part I have on my letter reads: The question of whether a legal liability exists in relation to a credit agreement is quite separate from the question of whether such a liability may be enforced by the creditor. Where a legal liability does exist, creditors have a legitimate interest in sharing relevant information about that liability, including information about whether the amount has been repaid. Such information may properly
  2. car2403, you are a legend, why I didnt think of it like that. I too had a reply from CreditExpert/Experian saying that my data can still be processed without a signed credit agreement. Consectutive payments to the account are proof that an agreement exists, plus, the fact that a credit account would be set up for me means that the consumer 'must' have agreed and entered into that agreement. I have since replied saying that this is outrageous and that there are instances other than fraud that accounts are set up without credit agreements. I know this because I did not sign one. I have als
  3. I am atm trying to get a default removed from Mint and they have openly admitted they have no copy agreement for me (besides my signed application form). I am still paying them £15.00 per month with no interest being added as the account is terminated. Am I right in saying that because they have no contract for me, if I stopped paying, they cannot make me through the courts - but what would happen with my account with the CRA's, can Mint make it any worse than they have with the default? I am paying for something that basically they cant make me pay for but will not remove the default. W
  4. Thats my point!! How odd is that. Its should either be one way or another, preferably written off!!
  5. misscynical Could you tell me who the letter was signed by or sent by? It seems like a weird reply being that the debt is not made void with no contract yet they cannot make you pay it through the courts should you stop paying!! Seems a bit contradictory to me?
  6. Well I've been sat on this one for a while thinking about my next move. Im getting somewhere with my Lloyds case with the FOS so I have more faith that if I choose to send my complaint with Mint to the FOS that it will be recognised (whether I get the result I want is another thing). Before going down this road I decided to send creditexpert a very very long e-mail. It took a bit of thinking and going through details with a fine tooth comb but I am happy with the letter that I sent to them. I basically quoted numerous paragraphs from the guidelines published by the ICO on filing defaults and h
  7. Surfer, When I sent CCA request to Mint, they also supplied me with a copy of my application form - I wrote back saying that a copy of the aplication form does not fulfil my request for the CCA. Next, I sent them my SAR..I got a reply which at the end said, I can confirm that on this occasion we are unable to provide a copy of the original signed agreement. So I have it in black and white that they do not hold an agreement for me. I have been writing since and each time have been fobbed off. Eventually they got f'd off with me and gave me their final response saying bog off. Ive jus
  8. Okay so I got the FOS involved and between them and me, things seem to be moving along nicely. An e-mail from my adjudicator at the FOS to the idiots at Lloyds have prompted them to re-finance my loan (it may have taken 2 years but we got there in the end). Paperwork was received last week for the re-finance of my loan but the APR was 12.9% instead of the agreed 9.6% - a lot when I still owe them nearky £3K. I got straight on the phone and had to argue it out with the lady who point blankly refused to alter the rate of interest, instead she advised that her system couldnt allow it as my
  9. I certainly would. Worth every penny!! Good luck - and let me know what they send you back
  10. Hmmm. Thats strange them saying that, I wonder why they said that? What exactly did they send you on the CCA request - what was it that made it disputable? I was temped to give Mint's details to the Information Commissioners Office but didnt bother, I am really not sure what to do with them. I wonder whether I just have some monkey writing to me and that if I got a response from someone else at Mint, that it may be different? Might look up sending them to court.
  11. My advice, take it or not, would be to follow through and send the SARN for the small cost of £10 and see WHAT they send you back. When I sent mine off, they openly admitted that they didnt have my CCA. I have it in black and white. It seems though that despite having this proof on B&W, that they dont care and still refuse to acknowledge the points raised in my letters arguing the default, based on the fact that they have no contract for me. Im still racking my brains on what to do, as I guess you are, but to have this letter from them saying they have no contract can only go against them
  12. Hi Surfer01, Im afraid I dont know what to do in this case, but I have read that if they cannot provide you with the Subject Access Request documentation, but later do, they are not defaulting on your request. If it were me, I'd probably just wait until 17th to see what they send, assuming they do actually send it.
  13. I too was going to take this route with the Information Commissioners Office - I certainly threatened it a few times in my letters to Mint. I just dont see them helping as I have read mixed responses when trying to get the Information Commissioners Office involved. So have they not supplied the Subject Access Request documents that you have requested is that what you are saying? Did you send the SARN template letter along with the £10.00 fee? Apologies if I am going over old ground here.
  14. Hi underdog, I too have sent CCA and SARN to Mint who have also told me that they arent required to provide original CCA and default notice etc - I have argued this with them for months and recently I got their 'final response' basically telling me to sod off. I dont know whether to pass their details on to the FOS or just take them to court. All I want is the default notice removed from my account. I have an ongoing balance of something like £500 which I am paying them £15pm..no interest is being added as the amount is defaulted. What are you doing with yours? Im stuck on what to do now.
  15. Following Mint's last typical fob off letter, I replied stating that they have no credit agreement for me, cannot provide proof that a default notice was issued to me blah blah. I then received their Final Response letter which to me was another cop out, admittting no responsibility for their poor ability to follow paperwork proceedures and stating again that they are not obliged to provide proof of the default notice, or default notice. Have since replied AGAIN..and today received what I guess will be the last of their correspondence with me. Goes along the lines of... Any request for a
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