Mint Has No Cca But.....

[Tomtomtomlondon]

Hi

 

Really need some aadvice as very confused.

 

Have an outstanding debt with MINT for 5,000 pounds.

 

Missed two payments and immediatley got a default and was passed over to Moorcroft.

 

Moorcroft demanded the money and threatened court proceedings.

 

Sent a CCA to them and got a reply as follows

 

"We are unable to provide a copy of the signed consumer credit agreement as we are no longer dealing with the account. Please send all future correspondence to our client"

 

I then sent a CCA to MINT.

 

Got an application form back and a six page photocopy of terms and conditions printed off a computer with no signature box. They also sent me a copy of my latest statement.

 

They said that they have not sold the account and that their insolvency and client support are managing my account.

 

3 Days later WESTCOTT sent me a letter demanding full payment. The next day they sent another letter saying that I should call them and their client is willling to accept a reduced payment.

 

I have a few questions.

 

1. Who do I deal with. Westcott or MINT?

2. Do I make an offer to settle?

3. Do I call or write again. If i write to Wescott do i have to start all over again with a CCA?

 

PLEASE HELP!!

[AndyOrch]

Hi

 

Really need some aadvice as very confused.

 

Have an outstanding debt with MINT for 5,000 pounds.

 

Missed two payments and immediatley got a default and was passed over to Moorcroft.

 

Moorcroft demanded the money and threatened court proceedings.

 

Sent a CCA to them and got a reply as follows

 

"We are unable to provide a copy of the signed consumer credit agreement as we are no longer dealing with the account. Please send all future correspondence to our client"

 

I then sent a CCA to MINT.

 

Got an application form back and a six page photocopy of terms and conditions printed off a computer with no signature box. They also sent me a copy of my latest statement.

 

They said that they have not sold the account and that their insolvency and client support are managing my account.

 

3 Days later WESTCOTT sent me a letter demanding full payment. The next day they sent another letter saying that I should call them and their client is willling to accept a reduced payment. Never call them written only

 

I have a few questions.

 

1. Who do I deal with. Westcott or MINT? Do Waistcoat have the right to collect? you need to send the "Prove It letter "

2. Do I make an offer to settle? Are there any panalty charges levid to the A/C no offers till you have sight of your CCA

3. Do I call or write again. No telephone calls If i write to Wescott do i have to start all over again with a CCA? Yes and no either CCA or prove it letter

 

PLEASE HELP!!

 

 

Regards

 

Andy:cool:

[Tomtomtomlondon]

Thanks for your help. If i send the "prove it" letter then after that do i then send the CCA letter?

When they come back with the application form again. Then what do i say?

[Tomtomtomlondon]

Do I also say that Moorcroft could not provide a CCA?

[AndyOrch]

Hi Tom

 

The account is in dispute so therefore Westy or Moo have nothing to do with it.Your aim now is to eliminate West and get the case back with Mint.I would just send the prove it letter to Westy for now and see what they come back with .You do have the template i trust?

 

 

Regards

 

Andy;)

[Tomtomtomlondon]

Ive been looking on the forum. Does anyone have a "prove it" letter.

 

Thanks

[Tomtomtomlondon]

Thanks for offering to send it. If it goes back to Mint then what? They claim that its a valid CCA and that they have fullfilled their obligations.

 

They have even said they will not enter into any further corespondence about the matter and if im not happy to write to the financial obundsman.

 

Do I do that?

[AndyOrch]

Hi Tom

 

You have not recieved a copy of your CCA from anyone yet have you?

 

Heres the prove it letter Courtesy of Curly Ben

 

 

 

Dear Sir/Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

Regards

 

Andy;)

[Tomtomtomlondon]

Hi

 

Mint HAVE sent a copy of the CCA but it was just the application form. Moorcroft have returned it to MINT without sending one. Now its Wescot who are demanding payment.

 

By sending this letter what am I essentially saying? Prove who I am and that its me who took the card? Im a bit confused?

[Tomtomtomlondon]

Can anyone give advice please?

[AndyOrch]

Hi Tom

 

Ok just send Westy the Account in dispute letter.get the account back with the O/C and then take it from there.Mint wont send anything further than what they have already sent you.

 

 

Regards

 

Andy;)

[Tomtomtomlondon]

Will they then take legal action ?

 

At what point should I offer a settlement?

[AndyOrch]

No they will keep passing around the various DCA unless Mint decide that what they have sent is infact enforcable but remember no valid CCA = unenforcable debt.

 

Why would you want a settlement when you are requesting a Valid CCA?

 

Not sure which way you wish to proceed with this Tom?

 

Regards

 

Andy;)

[questioning]

Will they then take legal action ?

 

At what point should I offer a settlement?

 

Hi Tomtom,

Its all a bit confusing isn't it when you find this brilliant site for the first time.

When I found the forum I was very confused.

I have gone from not knowing any thing about the debt industry and litigation to having quite a good understanding now.

What I've found very helpful is finding threads with similar situations to mine and reading them in full. I have learned alot that way.

The legal success forum is a good because you can read a thread from start to finish, showing the stages people have gone through along the way. You can find it here ...................

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/

[creditcardmug]

Hi, tom, what andy is saying is that if what mint have sent you is not a valid CCA then, let them try to prove that it is in court if they want to take it that far, try to post up what they have sent you, and others here can have a look to see what they have got.

remove any personal details first

[bladeboy]

From my own experience if they're offering a reduced final settlement, they might not have the agreement.

 

Looks like you're in a good position here. If no valid CCA, thehn it can't be enforced.

 

Very unlikely they'd go to court.