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phatram

Mrs P V MINT

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At the end of Sept I wrote to Mint asking them to hold action on the account for at least 28 days due to a sudden but temporary drop in income. I received nothing from them, but today received this month's bill with all oustanding amounts added on, totalling £438.

There is no way I can afford to pay this amount. I can afford to pay this month's bill, but how do I negotiate to repay the arrears and all the interest added on in installments?

Thanks!

Mrs P

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Pay what you can afford to pay.... and write a rec. delivery letter asking for them to suspend the interest for a 3 month period until you can get yourself straight.

 

Is this a defaulted account or do you still use the card ? Need a bit more info.

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Even if you have defaulted, as far as I am aware, as long as you have made reasonable proposals for getting yourself straight, then they cannot issue court proceeding etc.

 

Perhaps it may be prudent to draw up a schedule of income and expenditure, and send it to them Special Delivery, with your proposals and that should be that. Stick the the arrangement.

 

Have a look at CCCS - Free Debt Advice from the UK's Leading Debt Charity where you can find out about Priority Debts ( Mortgage / Rent / Council Tax / Utilities etc) and follow their process. Try CCCS - Preparing a Personal Budget

 

Check out OFT guidelines as well and perhaps quote a few of them to them.

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Can you be defaulted for making late payments?

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Could someone please check if this CCA is enforceable - thanks!

 

 

cca2mintenlarged.jpg

 

 

cca2frommint.jpg

 

 

ccamintenlarged110209-1.jpg

 

 

There are a few differences between image 1 and images 2 & 3, ie credit limit, APR, default charges etc

 

 

I received letter from Triton Credit Services today, rang them and my payment has been cashed. I asked to change the repayment date (to suit wages) and was told it had now been passed to Solicitors. I have not missed payments, some may have been a little late, and as far as I was concerned, my arrangement to pay an agreed amount was still running.

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Did you take the RBS Advanta account out online, Phatram? I had an RBS Advanta card (similar age to yours) and applied via a mailshot - I have never seen anything like the document they have sent you. Do you remember signing it?

 

Royal Bank of Sotland boast about recreating lost documents; look at anything they send you very closely!

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Guest dvdriley

the agreement

posted in number 1, is not, in my opion enforceable. There are no terms and conditions - missing payemnts, cancellation rights etc. where are the terms and conditions it refers to above the signature of the card holder.

 

I received one of these and told RBS it was unenforceable. They then sent another agreement , same as your second one, which was concocted and did not contain my signature. It refers to missing payments, a term not used in 2000. It refers to charges prevalent today. Now if they bekllieved the first agreement was ok why have they now sent another one. I have been through 3 dca and 2 different firms of solicitors on this matter and they all keep refering back to RBS

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The differences between the documents is as follows

Post 1, is the original CCA, stating I had a credit limit of £2500, Post 2, obviously from a later date, states my credit limit is £5200. Post 1 states the apr variable is 1.24%, post 2 states it is 1.805%. Post 3, which was attached to Post 2, states the Default charges as £12 and I have already successfully recaimed charges back to 2003, where they refunded me the old charge of £20.00. Post 1 makes no reference to default charges at all - is this a requisite of a correct CCA? Does it matter if the Terms & Conditions are not those provided at the time the card was taken out?

Any thoughts ?

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Guest dvdriley

i would say it most cetainly does matter. How can you sign an agreement an agree to terms and conditions not yet come into play!!!

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Very interesting !:)

Do you have any template letters I can look at please? I just need a bit of an idea what to say to them to challenge them about this.

Thanks

Mrs P

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i would say it most cetainly does matter. How can you sign an agreement an agree to terms and conditions not yet come into play!!!

 

 

Exactly!!

 

Milly XX


CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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I too have a mint CCA which looks identical to this agreement.

 

I have noticed that in the Your Right to Cancel box

 

1. Once you have signed this agreement you will have for a short time a right to cancel it. Exact details of how and when you can do this will be sent to you by post by mint.

 

and also in Declaration and authorisation

 

2. I apply for a Mint card to be issued to me. I accept and agree to be bound by the general conditions applying to the card as set out separately.

 

Now surely they cant send you your cancellation rights by separate post!!!

 

And in 2 they admit that the conditions are setout separately - in other words they are admitting breaking the 4 corners rule

 

Opinions required please.

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Could someone please check if this CCA is enforceable - thanks!

 

 

cca2mintenlarged.jpg

 

 

cca2frommint.jpg

 

 

ccamintenlarged110209-1.jpg

 

 

There are a few differences between image 1 and images 2 & 3, ie credit limit, APR, default charges etc

 

 

I would love someones opinion on if this is enforceable or not. I think not, but need to know if I should put this into dispute or not?

Mrs P:)

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Mrs P is paying these idiots £110 a month. The balance seems to be rising and now she gets a letter from the following leeches,

 

letterfromtritonssolicitors6thmarch.jpg

 

I really don't think they know what they are doing. Any suggestion to give 'em a kick up the rear end pls?

Edited by phatram

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If the balance is rising, then this needs to be queried.... and the £110 monthly payments seem way too high anyway. Greedy barstewards ! How much do they expect to get from this little farce, I wonder ?

 

Time for a SAR (if you haven't already done so.... to tot up the charges and see where they're coming from. A brief letter back to the sols. (by rec. delivery) explaining that a SAR has been sent to xxxxx and the balance is currently being disputed due to the addition of unlawful charges will hopefully suffice. A sentence on the bottom along the lines of .... should you decide to proceed with legal action in the face of receiving this letter, please be advised that your company will be reported to the SRA and any other authority as I see fit; without any further notice.... and suggest that they liaise with their client company before contacting you again.

 

Looking at their letter however, they seem like an in-house outfit..... trying to crank up the pressure.

Edited by PriorityOne
spelling

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So do they have to send the t&c's and the cancellation rights from when the account was opened or not to fully comply with a cca request?

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