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I could use some help on what to do next please. I hope I explain it clearly.

 

 

I sent a letter on 16th Oct 07 using template letter on here for CCA with Mint card. I heard nothing so sent a reminder on 11th Dec 07 saying they hadnt complied, had a couple of letters requesting payment ( I had stopped paying in Nov.)

 

Then on 21st Dec 07 saying "sorry i was dissatisfied with service, they would look into it and let me know outcome in 10 business days".

 

I heard nothing from them until yesterday, when they issued a Default Notice. No letter beforehand to say they were intending to issue one. The letter sent with the Default Notice is dated 10th Jan 08 (I had it 15th Jan 08) saying that I had 14 days to bring repayments up to date or they would record the default with the CRA.

 

But the Default Notice itself says that payment must be in my account by 24th Jan 08 giving me just 3 working days.

 

It also says "that i have breached the agreement by failing to make paments as and when due and exceeding my credit limit. However I have not exceeded my credit limit.

Credit Limit £1800

Balance £1708.51

Account over credit limit by £0.00

Arrears on account £72.00

 

I have still not had a copy of my CCA no a reply to the letter that they sent on 21st Dec 07.

 

Anyone help me on where i go from here.

 

Caz

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Hi There

 

its not unusual to be honest to see this type of thing,

 

firstly can i ask how old the card is? do you know when you opened the account at all and also how did you open it, was it via mail application or online

 

is there any chance that you could post a copy of the default notice thatthey have sent you, removing all the personal details first

 

you would be surprised how many default notices we see that do not comply with the law

 

Regards

paul

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Hi there,

 

well the Date on the default notice would be highly relevant as the Default notice MUST by law give you a minimum of 14 days from the date of issue so no date of issue how do you know when the 14days expires or if you have been given the statutory 14 days

 

so therefore the default notice is non compliant as laid out in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561)

 

Now turning to the agreement itself, you need to make a complaint to trading standards Trading Standards Central - Trading Standards and Consumer Protection information for the UK use the post code search to find your local TS and give them a call,and explain that mint have failed to comply with your request and have now commited an offence insofar that 12 working days plus 30 calendar days have passed since the request, and they have failed to comply

 

regards

paul

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oh and BTW, if they say that the fact it was opened online means they dont have to have a signed credit agreement , point out to them The Consumer Credit Act 1974 (Electronic Communications) Order 2004 did not come into force until 31st December 2004 so your agreement was opened before the order came into force

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  • 2 weeks later...

Quick question regarding Trading Standards.

 

Sent my complaint regarding Mint on 17th Jan to my local office. Anyone have any idea how long they take to reply?

 

Sorry to sound so naive but I have never had any dealings with them before.

 

Caz

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  • 3 weeks later...

Hi

My local TS officer is coming here on thursday to take a witness statement, he says Mint CC have commited a criminal offence and is persuing them.

 

Anyone know what a witness statement entails and will I have to go to court?

 

Caz

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Good Morning

 

TS officer came round last night and took a witness statement. They are going to write to Mint 'Under Caution' regarding failure of CCA and incorrect Default Notice.

They say see what Mint replies with first, but they have enough for a prosecution against Mint.

 

Caz

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