RBS Mint Mrs P V MINT

[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

[phatram]

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 ?

[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!!!

[phatram]

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

[phatram]

bump

[millymollymoo]

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

[phatram]

So what should I do next?

[pussycatdoll]

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.

[phatram]

bump

Edited February 25, 2009 by phatram

[pussycatdoll]

bump

[phatram]

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

 

 

 

 

 

 

 

 

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:)

[phatram]

bump

[PriorityOne]

Post it up on the last page of this l-o-n-g thread, Phatram...

 

Consumer Credit Act Agreements

 

The CCA experts tend to lurk here....

 

[phatram]

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,

 

 

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

Edited March 6, 2009 by phatram

[PriorityOne]

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 March 7, 2009 by PriorityOne
spelling

[phatram]

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?

[PriorityOne]

They should send the relevant t & c's, yes..... but, they do appear to have the signed document, so it depends on how confident you feel about pushing this one.

 

I would go back to the thread I referred you to earlier to hear what their views are on this, in light of them having a signed Agreement....

[underdog13]

The agreement posted on page 1 is highly unusual, especially for 2002. I've never seen one like this before and certainly never signed one myself; I have that card, taken out (by post) around the same time.

 

Do you remember signing this document? Are you sure it's genuine? I'm assuming this was supplied following a s78 request. Have you sent a SAR?

[pussycatdoll]

I have been sent almost the exact same dated march04 with a genuine signature on it - the APR's are different and mine has one less clause but it was received very quickly following a cca request

[underdog13]

Do you remember signing this document, pussycatdoll? You don't think your signature could have been cut and pasted? RBS boast about recreating agreements.

 

Was yours an online application or a postal mailer, if you don't mind me asking?

[pussycatdoll]

I dont think it was an on-line app - but i did think it looked like it could possibly have been constructed - in fact I would go so far as to say it looks like it has probably been re-constructed

[underdog13]

Exactly what I thought, Pussycatdoll.

[pussycatdoll]

What we need is someone with an original Mint agreement to post it up so we can compare against a true copy.

[pussycatdoll]

Checkout this user - someone with originals

 

http://www.consumeractiongroup.co.uk/forum/member.php?u=229529

[phatram]

The agreement posted on page 1 is highly unusual, especially for 2002. I've never seen one like this before and certainly never signed one myself; I have that card, taken out (by post) around the same time.

 

Do you remember signing this document? Are you sure it's genuine? I'm assuming this was supplied following a s78 request. Have you sent a SAR?

 

Sending SAR today.

I dont remember signing this, but the date looks very much like my writing.