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  1. I don't have a copy of the postal order, but I still have the letter from Mint saying they have been unable to find the original credit agreement. I also can't find the letter dated 05 May 2011, but if I'm right they were just insisting that they wanted payment despite not finding my CCA. They've still not sent me a copy of the agreement. Not sure when the last payment was, the first letter I recieved from them was 02 July 2009. So I assume a few months before then. March 2009 possibly. I've not checked my credit file. Not sure which one to use when I looked online there were loads. Are they all the same? Sorry about the multiple threads will keep it all on one from now.
  2. MINT have sent me a final response letter: "Thank you for your recent letter which has been passed to us from Wescot Credit Services. We do not consider this account to be in dispute as we have fully complied with your request under the Consumer Credit Act s78 and our position remains as advised in my letter dated 05 May 2011. Your indebtedness on this account remains due and payable and we will be pursuing for the full repayment. In the circumstances, it is my responsibility to provide you with the Bank's final response letter. This is our final response. This now gives you the option, should you remain dissatisfied, to refer your complaint to the Financial Ombudsman Service or any other legal redress you consider open to you. If you are dissatisfied with this final response, you may refer your concern to the Financial Ombudsman Service. I can assure you that we will co-operate fully with any investigation they may undertake. If you decide to take this course of action, you must do so no later than six months from the date of this letter." I have been in dispute with MINT since 02/07/09 and have a letter dated 06/01/10 explaining that they cannot find a copy of the alleged CCA. I have been chased by a long line of DCAs - Wescot is the latest. I'm a bit worried though by the final response letter. Will they try to take me to court? What would happen if I went to the financial ombudsman? MINT's letter is dated 18/10/13, but Wescot didn't send it to me until 17/12/13. Not sure what to do next. Do I continue to use the "whilst my Consumer Credit Act request remains in default enforcement action is not permitted, under s127 this constitutes a complete defence at law"? Any advice would be very helpful.
  3. The claim form says it's from the County Court. It seems to be legit, but I honestly wouldn't know. It's come from Northampton County Court. Seems slightly unusual to me as Marlin's adress is in West Sussex and I live in Cheshire. Is this unusual?
  4. I had an EGG card for about 10 years, then in 2010 I couldn't keep up with the repayments and defaulted. Now after a couple of phone calls with them I gave up contacting them and waited for them to contact me. It never happened, until yesterday (3 and a half years later) when I got a claim form from the County Court. It said "EGG served a default notice on the defendant stating the amount due & requiring the defendant to pay the same. The defendant failed to pay & the agreement was terminated. The agreement was assigned to the claiment (Marlin Capital Europe LTD) on 31/01/2013. The claimant has complied with sections lll & lV of Practice Direction - Pre-Action Conduct." They are now claiming the full amount I owe them, plus interest -£3000 approx. as well as court fees of £190 and solicito's costs 0f £100. As I stated earlier I had absolutely no contact from EGG for 3 and half years, then I'm hit with County Court. Is there anything I can do? I have an Admission form to fill in stating my personal details, income, expenses plus offer of payment. So they can find out how much I can pay a month I'm assuming - not much! Any help would be much appreciated
  5. I wish I had them on file, but it'd do me no good as my computer has no printer. So a good old pen it is for now... Thanks DD for all your help. It's nice to know that there is help to be found, at times it really gets to me...
  6. Thanks everyone for the advice. Yeah, it's starting to get tiresome, but fun... Time for a bit of letter writing...
  7. Thanks for the advice! I'm starting to get annoyed with all these companies getting in touch with me though, just when I think it's going quiet another one pops up...
  8. I've been having an ongoing problem with Mint since July 1st 2009. I owe them £ *******. The debt was passed onto Triton. I asked them, after advice from here for a signed copy of my CCA. After loads of hassle with them I got a letter from Green & co solicitors telling me they would take me to court. I dealt with them in the same manner, only for Allied International Credit to get on my case. Finally I got an admission by Mint that they did not have a signed CCA. I told this to AIC and never heard anything else from them. Now 4 months later I've received a letter from Moorcroft Debt Recovery Limited (Pre-Court Division). We have been instructed by MINT (FORMERLY RBS ADVANTA) To collect your overdue debt of £******* It is a legal requirement to send a notice of intended litigation before legal proceedings in the county court are issued. We believe that this letter fulfils this requirement even if it is not actually read by you. To prevent our recommending to our client that solicitors commence legal proceedings, it is essential that you settle this debt without delay. Payment should be submitted in full within 7 days or contact made with this office immediately, by telephone on 0161 475 2817 or by letter, with your payment offer. Both our client and we do not wish to take this action but if agreement cannot be reached by 28/04/10, a claim may be issued by our client's solicitors without further notice. We would draw to your attention that if Judgement and an order for repayment in full is obtained and remains unpaid, the following enforcement options are available and may be considered. 1. Warrant of execution by bailiffs against goods owned. 2. Application for attachment of earnings order with your present or future employer. 3. Application for a charging order on any property you may own or are purchasing under a mortgage (where the balance outstanding is of a sufficient level). We would emphasise that should Judgement be entered against you this may affect any future credit application you may make elsewhere. We would also draw your attention that all legal costs incurred are usually payable by the debtor. All payments must be made payable to "Moorcroft Debt Recovery Ltd" and forwarded with this letter to the above address. I'm puzzled as to why this is the 4th firm that have tried to get me to pay up and all have failed. Why does my debt keep getting sold on. Last time I got a brilliant letter from B3rty to send AIC that quoted the case Carey v HSBC plc and McGruffick v RBS. Should I just send Moorcroft a copy of this letter? Can they take me to court without a signed CCA? Some advice would be great. Thanks in advance!
  9. Ha ha ha... not from AIC. The letter that they told me was important and I had to go to see them about this week as it was urgent and couldn't wait until next week (which was why I kinda lost my head and imagined all sorts of things) was in fact just a mere rap over the knuckles for not following the proper proceedure after being snowed off from work. They wanted me to jump through hoops to get the stupid letter, I was annoyed and also relieved that it was so menial! Panic over for now...
  10. I'm starting to think I might have jumped to the wrong conclusion after all that's been said. Thanks for the advice people.
  11. Allied Internatinal Credit seem to have acquired my debt. I owe Mint £12,472.52, for 6 months I've had Triton Credit services chasing me and then the solicitors Green & Co. Thanks to the advice from people on here I've managed to stay one step ahead of them all. Just before christmas though I recieved a letter from AIC. Urgent - Final notice of intent Allied International Credit (UK) Limited (AIC) are acting on behalf of our client to recover the above outstanding balance. Due to your continued failure to contact AIC, despite numerous letters, or the failure to arrive at a satisfactory repayment solution, unless payment of the total amount is made to our office immediately our Client have authorised us to consider issuing proceedings against you. For the avoidance of doubt, the proceedings will involve a claim being issued through your local County Court and, should judgment be awarded against you, the necessary steps will be taken to secure full payment. This could result in substancial solicitors fees/court costs being added to your account. In the event that proceedings go in our favour and the Bailiff serves a Warrant, the following options are available to us for the recovery of the funds. Wages - your employer could receive an Attachment Order that will enable us to secure payment of the above amount from your wages. Assets - a Bailiff could be instructed to call at your home to seize assets under a Warrant of Execution. Property - a Charging Order will prohibit the sale of the above property and the ability to re-mortgage or secure funds. I have asked Mint 3 times for a signed copy of my CCA. They've fobbed me off every time. Until saturday when I got this letter from them. Thankyou for your letter dated 14 December 2009, requesting a copy of the credit agreement. We have, however, been unable to obtain a copy of the original application form. I hope my letter clarifies our position and apologise for any inconvenience caused. Today at work, one of my bosses (I work for my local council) phoned me and asked if I could call in to the depot and see him tonight as he had a letter for me and he wanted to see me in person. I couldn't go as I had my kids to pick up from school. It seemed very urgent as he told me it couldn't wait until next week and he wanted to see me as soon as possible. I'm starting to think that it must be an Attachment Order from AIC. Any advice on what I should do if it is. Thanks in advance!
  12. After being chased by Mint, Triton and Green & Co Solicitors for the past 4 months for arrears on my credit card (I owe £12,500). I asked for a CCA, they sent me one, not signed. I asked for a signed CCA, they sent me the following letter: Any request for a copy of an executed agreement under s78(1), states that the company must meet it's statutory requirements by providing a 'true copy' of the agreement relevant to the card product at the date the card agreement was made, plus a copy of the terms of the card product. These copies should be accompanied by the statement of financial information relating to the account. When responding to requests under S78 we are compliant if we provide a 'true copy' of the agreement in accordance with regulations 3(2) and 7(1)(b) of the consumer credit (cancellation notices and copies of documents) regulations 1983. This means that there is no obligation for us to provide a copy of the original agreement bearing signatures. Additionally, under regulation 3(2) a 'true copy' does not need to contain all personal information rlating to the borrower, nor does it need to include a signature box or dates of signatures. We have supplied a copy of the credit agreement that you agreed to after which you then received your credit card. We have also supplied a copy of the original and current terms and conditions of that card product with the prescribed terms and a statement showing the outstanding balance. We have advised you who you need to contact to discuss amounts due and owing, and future payments that must be paid. We have therefore met our obligations under s78(1) to provide a copy of that executed agreement and again we are satisfied that what was provided complied with the regulations expressly made for controlling what is a 'true copy'. I must therefore inform you that we see no reason to enter into further correspondence with you about alleged CCA breaches. If you are not satisfied with this response, you may seek whatever legal redress you consider is open to you. We do not consider this account to be in dispute and your indebtedness on this account remains due and payable and we will be pursuing for the full repayment. All non payments have been recorded on your credit file as has the default due to non payment. I suggest you take advice from your local Citizen's Advice Bureau or other similar organisation if you continue to doubt the veracity of what we have told you about our having complied with our obligations under s78(1). Any advice as to what I should do next? Do I give in and try to negotiate payment or are they just trying to bully me. What would happen if it went to court?
  13. Where do I find LETTER #16? I can't seem to locate it.
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