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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

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      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Davey vs Mint (RBS)


davey77
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This is all mixed up together with my main thread here:

 

http://www.consumeractiongroup.co.uk/forum/mbna/57846-debt-written-off-due.html

 

But it's time to branch off and have a dedicated thread so...

 

BASICS:

 

Credit Card: Start Date May 2004

 

Got into financial difficulties and had all the usual 'pay now' and threats etc etc

 

Eventually asked for a copy of the credit agreement under the consumer credit act 1974 (s77-79) at the end of March 2007.

 

Dear Madam,

With reference to the above account I would be grateful if you would send me a copy of this credit agreement and a full breakdown of the account including any interest or charges applied. I understand that under the Consumer Credit Act 1974 -sections 77-79-, I am entitled to receive a copy of any credit agreement and a statement of account on request. I enclose a payment of £1 which represents the fee

payable under the Consumer Credit Act 1974. I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

 

End of April received the following application form that didn't contain the Prescribed Terms:

 

Application-mint.jpg

 

I also had separate pages (then or at a slightly later date, can't quite recall) that were the current T&Cs (showing the new address I had moved to after the initial application): (Notice the statement 'information correct at last statement date' so obviously not the 2004 docs then.)

As well as the £12 charge not in force in 2004.

 

CCA-mint2.jpg

CCA-mint1.jpg

 

I also (at some point) received a leaflet of general T&Cs date may 2007.

 

All in all pretty useless and my replies constantly have been to be supplied a properly executed agreement conforming to s 61 of the CCA1974 - Prescribed Terms on signature document etc. I have also quoted other rules and regs as well as Wilson vs Hurstanger.

 

FOS complaint sent off July 2007.

 

The replies were a joke and an example of the sentences contained in letters from Mint are:

 

"....enclosed is your original application form and current T&Cs.... As we have been able to prove the debt is yours i hope you will contact the debt recovery dept."

 

"...original T&Cs enclosed.. The application form itself states is a credit agreement...we have now exceeded our requirements under the CCA1974."

 

As well as:

 

Mint15Feb2008copy.jpg

Mint15Feb20082.jpg

 

So in other words, hiding behind S 78. My replies have been as before in requiring a properly executed agreement etc.

In the mean time a few DCAs were passed this and i sent my usual reply and or another CCA request which, of course, they mostly ignored apart from a few exceptions. These included:

Intrum Justitia

 

Debt Investigation Ltd

 

Fredrickson International ltd

 

Irwin Mitchell (Solicitors)

 

Face2Face Contact ltd

 

Triton Credit Services

 

Green and Co (Solicitors)

 

Needless to say, no action has ever been taken by these organisations. The letters are varied and here are a few out of interest:

 

http://i157.photobucket.com/albums/t42/davey77_2007/TritonJan08.jpg

http://i157.photobucket.com/albums/t42/davey77_2007/Triton31Jan1.jpg

http://i157.photobucket.com/albums/t42/davey77_2007/Triton31jan2.jpg

http://i157.photobucket.com/albums/t42/davey77_2007/PreviewofTriton23febcopy.jpg

http://i157.photobucket.com/albums/t42/davey77_2007/greenco.jpg

http://i157.photobucket.com/albums/t42/davey77_2007/PreviewofIntrumJustistiajpg.jpg

http://i157.photobucket.com/albums/t42/davey77_2007/PreviewofDebtinvestigationsjpg.jpg

http://i157.photobucket.com/albums/t42/davey77_2007/PreviewofIntrum.jpg

http://i157.photobucket.com/albums/t42/davey77_2007/Previewofintrumjpg.jpg

http://i157.photobucket.com/albums/t42/davey77_2007/PreviewofMINT.jpg

http://i157.photobucket.com/albums/t42/davey77_2007/Mint2Oct2008FRed.jpg

http://i157.photobucket.com/albums/t42/davey77_2007/PreviewofFredrickson.jpg

 

Of course, all the usual letters went off in response to these: "OFT Debt Collection Guidance, Banking Code, Unenforceable under s 61, account in dispute etc"

 

The FOS finally looked at the complaint in March 2008. And, as usual, backed up the Creditor 100%.

The letter implies i agreed to all points. Which i did not. What the letter doesn't include is the telephone conversation with the FOS. "the agreement is valid... it doesn't matter if the Prescribed Terms are there or not... you made payments towards the card and that's good enough to show a contract etc etc". You get the idea.

 

12 pages of OFT Debt Collection and Banking Code infringements.. forget it. "Well, you owe the money Mr davey so you've got to expect them to pursue you for it." was the answer. And also the FOS would be just as neutral when they informed Mint i had a valid agreement. Thanks for nothing FOS.

 

FOSMint.jpg

 

The last i heard from Mint was via Intrum Oct 2008.

 

Jan 2009 i sent a CPR 31.16 request for any documentation they would rely on in Court to access the merits of any case i may bring based on my belief that the agreement may be improperly executed. This was signed for (recorded delivery) 9th Jan 2009 - 6 weeks ago.. and Mint have not responded.

 

Latest news is i have a Solicitor writing to Mint (i won't name them on the forums) but they have pretty much said what i have been saying for the last 18 months and there's no magic wording or anything new in their correspondence. Just hoping that Mint will start taking matters more seriously after being communicated to by a Legal Firm as they stopped listening to me a long time ago.

 

I'll keep everybody posted in the results although may delay adding info until the matter is settled fully once and for all for obvious reasons.

Edited by davey77
spelling

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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  • 4 weeks later...

Hi Scary. No news yet. The time is about up i think for the response which should be due from them re the first Solicitors letter. Therefore i expect something to happen soon.

Heard nothing from Mint directly for a long while but anticipate this coming to an end before long.

It's obvious they have nothing but the unenforceable application form (as you have had).

I'll post up again here as soon as i get anything further.. watch this space. :)

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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  • 2 weeks later...

From yet another DCA. Remember i heard nothing from Mint for ages, then the Solicitor writes to them and after a few weeks they pass the account to a DCA. Very professional and honest behaviour eh?!

 

They did include a freepost envelope which i will be putting to good use with the following:

 

Dear Sir/Madam,

 

In reference to your recent letter please send any further correspondence in relation to the above account to my Legal Representative who has my full authority to act on my behalf in this matter :

 

** **, **** Solicitors, * ** ****, ****, *** ***.

 

Thank you for your co-operation.

 

Yours sincerely, me

 

RegalCredit.jpg

Edited by davey77

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Okey Dokey then this is what will happen to me as since Green & Co wrote back saying they would pass my letter back to Triton and I should receive a letter have still got zilch. So I reckon this will be next.

 

 

Milly X

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

GE MONEY: WON £266.00

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Are you going to reply davey, if so whats the plan.

 

I take it you mean to save money on andrex when you said 'put to good use' he he

If you feel I have helped please tickle my scales;)

 

 

MBNA - Ongoing

Egg Loan - Ongoing

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Probably so milly.. although not convinced this is genuine. Notice the date: April 1st.. could have been a joke! :p

 

Talbot:

My reply is above the letter. I used the freepost envelope and just said:

 

Dear Sir/Madam,

 

In reference to your recent letter please send any further correspondence in relation to the above account to my Legal Representative who has my full authority to act on my behalf during this serious dispute :

 

** **, **** Solicitors, * ** ****, ****, *** ***.

 

Thank you for your co-operation.

 

Yours sincerely, me

 

That's it. That's all i put.. and i won't be replying to anything else they send.

And yes, the toilet roll holder is a lot fuller now lol ;):D

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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  • 2 weeks later...

OK, this morning i am really cheesed off. The Solicitor (who wrote one claim letter to mint as far as i am aware of) has run out of Legal Aid funding?! I know they get £50 a hour but how did they manage to get through £500 in 2 months?!

 

3 mins to check the agreement, 10 mins to check the template letter and 5 mins to put it in the out going mail + another 15 mins to write to me a couple of times = £500 (plus VAT)?!?!

 

As for the 'options' available to me: No.1 seems pointless and if they knew anything about Creditors and debt collection they wouldn't suggest waiting for Mint to take me to Court as it would be obvious that after 2 years of threats they are not going to on the basis of my benefit income and an unenforceable agreement.

 

Solicitor_0001.jpg

Solicitor_0002.jpg

 

 

Solicitor.jpg

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Looks like i have wasted over 2 months when i could have been taking Mint to Court myself. hmmm

 

Looking around for another Solicitor that has some staying power and doesn't use up £500 to write one letter.....

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Yeah apparently it's not unusual though for the £500 to get eaten up in such a way. I imagine the Creditors guess Legal Aid is involved and realise that ignoring the Solicitor will end in the funds running out quickly and the case not proceeding any further.

 

No response from other Legal Firms so far so going to seriously have to consider starting Legal Action personally if i can't get any help.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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hello guest!

 

ermmm? :confused::rolleyes:

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Ah ha! I'm with you now :)

 

Well, if they are watching tell them not to get their hopes up as recent events make no difference to me. I know they don't have an agreement, they know they don't have one, and one way or another before the year is out they are going down (costing them as much profit as possible). ;)

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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hiya davey

 

subbing too,

 

good luck though,

 

laters angel x

 

keep happy:)

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Thanks everybody.. appreciate it. :)

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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So much for them taking notice of the 'contact the Solicitor' letter then!

 

Red.jpg

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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I suppose i could try TS (ugh)

 

There is also a complaint i could do about the suggestion of using a credit card to repay as well as not communicating with appointed representatives (even tho the solicitor is no long on the case).

 

Trying to word a letter that revokes their access to property and makes it clear the only way forward is to take Legal Action against me. hmmm

Edited by davey77

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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To Regal Credit:

 

N O T I C E

 

 

 

ACCOUNT IN DISPUTE

 

Dear Sir/Madam,

 

In reference to your recent letter. Your failure to adhere to my previous letter asking that you communicate with my Legal Representative only and in line with OFT Debt Collection Guidance (2.8 © (refusing to deal with appointed or authorised third parties, such as Citizens Advice Bureaux, independent advice centres or money advisers) has been duly noticed and reported to the OFT.

Also your letter suggesting payment by Credit Card towards the above alleged debt which is irredeemably unenforceable is inappropriate to say the least. This has also been brought to the attention of the OFT.

 

I suggest you take OFT debt collection guidance more seriously after the recent action taken against other unprofessional DCAs, namely, 1st Credit and Mackenzie Hall, as the OFT are cracking down on unlawful and unfair debt collection practices and your organisation could be next.

 

In respect to your ridiculous suggestion of sending a ‘field agent’ to my property, this has also been reported to the OFT as an infringement of Guidance: 2.12 (a).

 

I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly and i will ask the attending Police Officer/s to arrest your so called ‘field agent’ on grounds of trespass and attempted fraud.

 

In respect of the irredeemably unenforceable account you are demanding unlawful payments towards i suggest you proceed with the statement made in your correspondence of the 1st April (assuming that wasn’t an April Fools joke of course) and either:

 

Begin legal action yourselves OR Make a recommendation to your client that they proceed with Legal Action with immediate effect.

 

I’m afraid you have no alternative as i shall not be making any payments towards the above alleged account under any circumstances.

 

Yours sincerely, Davey

Edited by davey77

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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To the OFT:

 

Dear Sir/Madam,

I should like to make you aware of the Debt Collection Practices of MINT (RBS) and Regal Credit Consultants Ltd, PO Box 587, Bagshot, GU19 5YU.

 

I have been in a dispute with MINT (RBS) regarding an unenforceable credit agreement for some time.

 

Recently i instructed a Solicitor to communicate with Mint after they ignored my request for information under the Civil Procedure Rules 31.16 and Part. My Solicitor wrote to Mint (under the CPR) requesting they discharge my liability in full due to an irredeemably unenforceable agreement or supply an enforceable agreement containing the Prescribed Terms but they (and I) have had no response.

 

The only response by Mint was to pass the account to a DCA (Regal Credit). I responded to their first letter dated 1st April 2009 (enclosed) requesting that as the account was in dispute (as confirmed by my Solicitor) that Regal Credit direct further communication to my Legal Representative only. (Dated 3 April 2009 and enclosed).

 

This request has been ignored as i received a further demand for payment dated 20th April 2009 (enclosed).

 

My understanding is Regal Credit and Mint RBS are ignoring OFT Debt Collection Guidance:

 

* MINT (RBS) have passed an account for collection whilst the said account is in clear dispute

 

* It seems no history of the account (and the dispute) has been passed to Regal Credit

 

* Regal Credit have ignored requests to communicate with an appointed Legal Representative

 

* Regal Credit have requested payment using a Credit Card

 

* Regal Credit have suggested they will send a ‘field collector’ to my property without prior permission

 

I also understand that Creditors are responsible for the behaviour and practices of their appointed Debt Collectors and feel the behaviour and actions of both parties named above is inappropriate and belligerent.

 

Fortunately i am not a vulnerable person and therefore I am not swayed by such template correspondence and ignorance on their part.

 

I don’t expect any personal intervention by the OFT (as I understand that is not their role) but I thought you should be made aware of these matters directly as my Local Trading Standards dept seem reluctant to address these types of issues even when the Law is on my side.

 

 

Yours sincerely, Davey

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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