Bumping. Just wondering if there is anything I can do to stop/delay the defualt by SAR or something else, they dispute the account is in dispute, even though all they have sent me is an application form! Any advice?? Bene

Is there anything I can do now to stop/delay the default notice going on my account? Was wondering whether I should SAR them or send them another letter saying the agreement is an application form/no prescribed conditions so remains in dispute? What happens after the default notice is lodged on my credit file? Also, I'm pretty sure that the default notice will include late payment penalties, does that make it an incorrect default notice? Thanks for everyone's help.

Thanks guys Do you know what the consequences of a default are? Bene

Hi guys On Friday I received the attached default notice and I'm now really worried about what to do next. The default is dated 9 March but I didn't receive it until the 13 March, I kept the envelope but it was posted business post so no date mark on it. Could somebody please have a look at the default and see if it is issued correctly. I imagine that there are lots of penalty charges in the total amount due and since I firsted started this with Mint they have disputed that the account is in dispute and have kept adding the monthly interest. Should I do an SAR, would that give me more time to put off the default? What are the consequences of the default? I'm really concerned about this now so any help would be really greatfully received. Thanks Bene Mint Default Notice.pdf

Subbing! Guess what, I have just received this letter from Mercers aswell. To date (having asked for it in Nov 08) I have only had one letter from BCard containing the attached t's&c's. No agreement, no nothing despite sending them an account in dispute letter. The t's&c's arrived from BCard on Monday this week and the Mercers letter arrived today. So, I am right in thinking that no agreement means that they remain in dispute until they get one and they cannot sell this debit onto anyone whilst in remains in dispute? What happens if they sell this debt on whilst it is in dispute? Good luck everyone! Bene Barclaycard CCA Response.pdf BCard Mercers.pdf BCard Mercers 2.pdf

Peb Thanks a lot for your reply. Did you mean that the application I have is enforceable or unenforceable? Regards Bene

Bumping, anyone with any ideas/help??

Hi guys Having amended 42mans excellent letter to Mint, I have received another letter from Mint (attached). Not sure if many people have had this reply before and I'm unsure as to what to do next. I'm confident that the CCA they have sent me is an application form, does not have prescribed conditions on it and has nowhere for Mint to sign making it improperly executed. Can somebody take a look and give me some ideas?? Thanks in advance. Bene Mint Letter.pdf

Hi guys I originally posted this under the Natwest section but didn't get a huge amount of response, so I thought I would try under the General Debt Issues section, hope people don't mind! Having waited for almost 2 months since my original CCA request from NatWest, they, finally, this weekend sent me some doc's. Trouble is I'm not sure if they're enforceable or not. The signed first page doesn't seem to have any prescribed conditions and the rest of the terms pages seem to be a totally different doc. They also tacked onto the end a letter about issuing a new card with the new card's t's&c's. Can anyone help me understand whether what they have sent is enforceable or not so I can decide what to do next? I have attached all of the info I received except for the latest statement which also arrive in the envelope. Many thanks. Bene Natwest CC Agreement.pdf

Bumping, I really could do with some help if anyone can??

Bump. Can anyone help??

Hi guys Having waited for almost 2 months since my original CCA request from Natwest, they, finally, this weekend sent me some doc's. Trouble is I'm not sure if they're enforceable or not. The signed first page doesn't seem to have any prescribed conditions and the rest of the terms pages seem to be a totally different doc. They also tacked onto the end a letter about issuing a new card with the new card's t's&c's. Can anyone help me understand whether what they have sent is enforceable or not so I can decide what to do next? I have attached all of the info I received except for the latest statement which also arrive in the envelope. Many thanks. Bene Natwest CC Agreement.pdf

I guess if I stopped paying them because the account was in dispute they could default me, we could then go to court, hopefully I would win and then I would have to fight to get the default removed. Either way, my crefit record is likely to be adversely effected for some time. When would you consider perhaps making a full & final and hopefully getting them to agree to the account being settled in full?

Thanks 42Man. I agree that the terms look completely seperate from the application form/agreement and, therefore, are not "within the 4 corners of the agreement", rendering the whole agreement unenforceable. However, it is quite ambiguous because the form is classed as an application form but also says that it is a credit agreement. There is also an RBS Advanta stamp on the top right, would that not constitute their signature? Either way, the prescribed terms do not seem to appear in the application/agreement form I think making it unenforceable. What would be the next course of action or letter to send to them in your opinion? Bene

Bumping. Can anyone else have a look over the CCA I have received from Mint. I really am confused that because there are prescribed terms in the T&C's that this may make the agreement enforceable. Can anyone with more experiece help me out? Bene

Surfer01 Thanks for yor reply. I agree that there are no prescribed terms in the agreement but there are in the accompanying t&c's? Where does that leave me? Bene

Hi everyone Having been reading threads on this site, which I have found to be an outstanding source of information and support, I decided to CCA one of the credit cards I have. It is with Mint RBS and there is an outstanding balance which is up to (mailnly minimun payments) date except for the last months after I CCA'd them and didn't hear back. I have just received mail in the post this morning from Mint enclosing, what they consider a copy of my original agreement with accompanying t&c's. To me it doesnt look like they contain the correct prescribed conditions but I'm a little confused because there is reference to some prescribed conditions with the t&c's but they look like they are all on seperate pieces of paper and they could well be their current t&c's. I'm sorry to waffle but I'm a bit stuck as to what to do next without knowing whether they have conformed to my CCA request or not. I have attached scannedd images of exactly what I receivd this morning for anyone to take a look at. I would really appreciate some help from anyone who knows so that I can decide on the next course of action. Really appreciate everyone's time, thanks. BeneMint CCA.pdf