Defaulted by MINT

[lil old me]

in similar boat. Just realised today I was given a default on my credit notes (Expedia) by Mint end of July. This is my only ever default so am somehwat annoyed to say the least.

 

I also have cca'd and S.A.R - (Subject Access Request)'d Mint and received the usual mock-up / application - the S.A.R - (Subject Access Request) resulted in some statements and some notes. Nothing from before 2007 and no agreements or anything. (it was RBS Advanta I applied for originally not Mint!!)

 

It seems as though you got the same bull I did when I sent my SARN to Mint. Did you get a computer generated compound of paperwork looking like screen notes of action taken/completed on your account? You should have received this within your SARN - it is very important that within this script of abbreviated jargon that it mentions the default being sent out. Whether you did or didnt get it is your buisiness **I didnt ;-) ** therefore they did not give me an a final opportunity to pay up before defaulting me. They are required to sent you the default notice before adding an entry to your credit report so that you can remedy the breach before such action is taken.

 

What I cannot understand is whether Mint should have sent me something other than a letter 'default notice' - stating I had x days to pay. Should they have sent a letter saying 'time up and you've failed to pay x amount so we will default you'???

 

No not really im afraid, this default letter is all they need to do. But again, if you didnt get it then you can start making their lives a little difficult. Not to mention the fact that thye have not supplied you with the original signed contract!!! They can only enfore this debt through the courts without this contract so really they are buggered.

 

Have today sent letter to complain to Mint stating remove (50% iof amoutn due is penalty charges) default and also to Expedia.

 

I am guessing Mint will tell you to sod off. So will Expedia - they need permission from Mint to remove the default. What did you state in your letter, ie the reasons you want it removed?

 

What else can be done - and what, as in your case lil ol me, can actually be done if Mint refuse?! Is it worth complaining to FOS or Information Commissioners Office? I have heard the Information Commissioners Office are pretty useless with this issue?

 

I personally am holding off contacting the Information Commissioners Office for the time being - I am going to keep on and on at Mint until I am blue in the face..but thats your call if you want to contact the Information Commissioners Office now. Im just worried that if they cant help me that I might have used most the options available to me (other than court of course).

 

Does a default now mean Barclays will not allow me to remortgage next summer?!!

 

Ummmm...I cant guarentee but im thinking its going to be a bit difficult. You have 12 months to get this ****e off your account, and between us, we'll do our very best. I'll keep you updated on my progress and it would be great to hear of yours too.

[lil old me]

Really annoyed now. Had a letter from Regulatory Risk which is who's been writing to me all along - they simply write:

 

Thank you for your letter

 

We have complied with our obligations under Data Protection Act, 1998, and provided all data available. Should you wish to raise any further concerns please contact the Customer Care Team at the under noted address-

Customer Care Team

Royal Bank Of Scotland

Ground Floor

Thant Grange

Southend On Sea

SS99 0JE

 

What a complete fob off!! They waited two months to send that letter to me!!!! They soooo know they are in the wrong here and are still trying to fob me off. If it wasnt them dealing with it then they could have passed it to the relevant dept and copied me in. This tactic will not work on me though.

 

I have replied emphasising every reason why I want the default removed and stated that should I not get a satisfactory response from them, the next letter they get from me will be Letter Before Action.

 

AAAAAAAAAAARGH.

[lil old me]

Following Mint's last typical fob off letter, I replied stating that they have no credit agreement for me, cannot provide proof that a default notice was issued to me blah blah. I then received their Final Response letter which to me was another cop out, admittting no responsibility for their poor ability to follow paperwork proceedures and stating again that they are not obliged to provide proof of the default notice, or default notice. Have since replied AGAIN..and today received what I guess will be the last of their correspondence with me. Goes along the lines of...

 

Any request for a copy of an executed agreement under s78(1); states thats the company must meet it's statuary 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 current terms of the product...........we have supplied a copy of the credit agreement that you signed (which they havent, I received a signed application form)........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'.....blah blah.

 

Where do I go with this now?! I already have a claim against Lloyds for something different which is with the FOS so im a bit jubious as to whether to go this route for Mint as well - wont the FOS think im trying to get a free ride with two seperate disputes, neither related, but still slightly similar? What are the ICO capable off? If they are just there to give them a ticking off then I wont go that route as I want results..or theres court? Any advice would be greatly appreciated!! Thanks.

[Enron]

Have dealt with RBS Card Services, and they do seem to be somewhat of a law unto themselves.

 

The thing is not to get too angry about it, just keep probbing away to achieve what you want.

[lil old me]

Well I've been sat on this one for a while thinking about my next move. Im getting somewhere with my Lloyds case with the FOS so I have more faith that if I choose to send my complaint with Mint to the FOS that it will be recognised (whether I get the result I want is another thing). Before going down this road I decided to send creditexpert a very very long e-mail. It took a bit of thinking and going through details with a fine tooth comb but I am happy with the letter that I sent to them. I basically quoted numerous paragraphs from the guidelines published by the ICO on filing defaults and how the CRA's should act on any disputes by the consumer. I scanned the letter I received from Mint saying they do not have the original signed credit agreement and more or less said that unless they come up with a reasonable explanation of why this default should remain on my credit report, I will be taking the matter further through the courts. I have had a reply from the Directors Office saying to bear with the while they look into my dispute - which at the moment I find reassuring as the last time I got in touch with creditexpert over the same thing with Mint (the e-mail I sent was very brief and rushed) I got a reply but just from the customer service dept saying that they had got in touch with Mint who have advised that the information they give about me is true and accurate. The e-mail I have recently sent says that they have 28 days to get their act together with acceptable PROOF from Mint that my account should remain as it is. They too have a duty to ensure the details about me are correct so if they arent doing their bit it will only bite them in the ar5e when I take my case to court!