Davey vs Mint (RBS)

[davey77]

 

[davey77]

I haven't made a payment towards this card for over 2 years and interest has been frozen for that time.

I have informed the solicitor of this again, although will leave it there and wait for Court Action. Should that time come (or not come soon enough and i start Court action myself) i will contact them again (or another solicitor).

Or defend the action myself.

[davey77]

Nice.. i wrote to the OFT complaining as per above. Of course, doesn't quite apply in total as Regal have been in communication with the Solicitor. Pity the Solicitor (who received the above 14th Apr) didn't let me know until today (24th). grrrrrrrr

 

Ah well, i couldn't care less to be honest!

[davey77]

[davey77]

[davey77]

Action plan now is to A get charges returned and B force court action to be taken.

 

Mint never complied with a SAR from way back in March 2008 so complaint going off to the ICO. Once i have the statements i will be able to calculate the charges and will demand their return.

 

In the mean time i will request that they or their DCA begin legal proceedings when ever i get a communication.

[millymollymoo]

Hiya davey :)the Andrex puppys got nothing on you now:D

 

Reams and reams of it!!!

 

milly XX

[davey77]

Yeah it's the same response you always get from the OFT but i have sent the permission form back as we finally know they are starting to take their own Debt Collection Advice seriously.

 

Once a consumer credit licence is removed from a major DCA that will be a nice day and i think we are closer to that happening than ever! Lets hope 1st credit or mackenzie hall screw up and it happens to them.

[davey77]

Hey Andyr666, Good luck with that. Hope my thread will be of some use.

 

Update - Nothing heard from Regal Credit or RBS-Mint to date. I think my last letter scared them off.

[davey77]

[andyr666]

If it was me who received that letter I would be responding to Regal Credit with the "i'm flabergasted that this matter has been passed to you whilst in dispute" letter

[davey77]

Already in the post thanks to the free post envelope they provided.

 

" Dear Sir/Madam,

Further to your letter dated 22 May 2009. I must assume you have intentionally ignored my previous communication dated 22 April 2009 (enclosed for your benefit) In reference to the current dispute.

 

A complaint has already been lodged and acknowledged by the OFT regarding Regal Credit’s failure to adhere to OFT Debt Collection Guidance and a second complaint will be issued along the same lines including confirmation that you are pursing this matter whilst fully aware the above account is in lawful and valid dispute. (A copy of their acknowledgement is also enclosed for your benefit.)

 

As i have already explained I suggest you take OFT debt collection guidance much more seriously than you have been after the recent action taken against other unprofessional DCAs.

 

In respect to your continued suggestion of sending a ‘field collector’ to my property i have already removed your company’s access to my property under English Common Law and therefore such action is not permitted and will be met by penalty of Law.

 

As i have already made my position clear i fail to see the need to reiterate the situation and suggest that you recommended to your client that they commence Legal Action (as stated in your previous correspondence on more than one occasion) as we have reached an impasse and this matter cannot be amicably resolved otherwise.

 

I shall therefore look forward to receiving your client’s Claim through the Torquay and Newton Abbot County Court at the earliest opportunity and any other template communication from you that i feel is not pertinent shall be read and filed for future evidence but not replied to as you may consider this is my final response.

 

Yours sincerely,

 

Enclosed: Copy of OFT Complaint confirmation, Previous correspondence.

"

[andyr666]

Already in the post thanks to the free post envelope they provided.

 

Classic...i'll have to remember that

[Reader]

Subbing with interest

[davey77]

Corrie star helps write of Bank of Scotland debt - 11 June 2009

 

"Corrie star helps write of Bank of Scotland debt

 

Natalie Martin

11-Jun-2009

Coronation Street star Michael Le Vell, who plays Kevin Webster in the TV soap, has helped a Wetherby man to successfully get £15,000 of credit card debt written off.

 

Le Vell, a director of claims management company Ratio Money, attended Leeds County Court with a leading QC to support a self-employed 60-year old man in his long-running dispute with Bank of Scotland.

Mitchell originally had a judgement against him after delaying payments to his credit card while he waited for the bank to supply specific information.

Le Vell says: “This is another victory for the consumer. “Although Bank of Scotland gave up its fight and agreed to write off his debt, amazingly they refused to pay his costs.

“However, as a final blow to the lender, Judge Langan ruled that the bank needed to pay all the costs in full and said that the bank didn’t fight the case because it feared highlighting failings and opening the floodgates to further claims.”

Ratio Money successfully highlighted that the man's credit card application didn’t contain the prescribed terms and conditions – and therefore didn’t comply with the Consumer Credit Act.

Bank of Scotland argued that the terms and conditions had been given as a separate document when he applied for the card at the Wetherby branch of Halifax, but he denies ever receiving them. However, under the law, a credit agreement is only binding if it is a single document that has been signed by both parties and contains all the prescribed terms."

[davey77]

I have no idea which account this relates to but it's going to be HFC, Mint or Amex.

 

I have had no NoA or introduction letter etc. This one is out of the blue. Copies will be made and sent to TS and the OFT as this contravenes OFT Debt Collection Guidance.

 

 

[griffin036]

Have you any MBNA a/c's?, in my experience RMA are agents for them too.

[davey77]

Have you any MBNA a/c's?, in my experience RMA are agents for them too.

 

hmm yes i do have a couple of MBNAs. Heard from them twice in 2008 and nothing so far this year. Thanks for reminding me..

 

In any case, who ever they represent they will be getting the trespass letter.

[griffin036]

These cards they send refer to making a telephone call rather than actually visiting you.

[davey77]

True in this case (tho it says 'calling' and not 'telephoning') although as i am aware they do not have my telephone number so i could assume it was a personal visit without prior appointment. It is also misleading to that effect anyways. Heres the OFT Guidelines i'll be quoting:

 

UNFAIR BUSINESS PRACTICES

 

Communication

 

2.1 It is unfair to communicate, in whatever form, with consumers in an unclear, inaccurate or misleading manner.

 

c. those contacting debtors not making clear who they are, who they work for, what their role is, what the purpose of the contact is

 

Physical/psychological harassment

 

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

 

c. using more than one debt collection business at the same time resulting in repetitive and/or frequent contact by different parties

 

d. not ensuring that an adequate history of the debt is passed on as

appropriate resulting in repetitive and/or frequent contact by different

parties

 

e. not informing the debtor when their case has been passed on to a

different debt collector

 

i. disclosing or threatening to disclose debt details to third parties unless

legally entitled to do so

 

j. acting in a way likely to be publicly embarrassing to the debtor either

deliberately or through lack of care, for example, by not putting

correspondence in a sealed envelope and putting it through a letterbox,

thereby running the risk that it could be read by third parties.

 

Debt collection visits

 

2.11 Those visiting debtors must not act in an unclear or threatening manner.

 

a. not making the purpose of any proposed visit clear, for example, merely stating that collectors or field agents will call is not sufficient

 

f. visiting or threatening to visit debtors without prior agreement when the

debt is deadlocked or disputed

[davey77]

Now i know who RMA are working for.. it's not mint but Amex. Will post on that thread.

[davey77]

I am trying to write a book on being in debt.

 

I would appreciate any short comments and peoples experiences in their own words on how debt has effected their health and lives. In particular the stress it causes and what being ignored by Lenders and DCAs when you are trying be responsible has felt like.

 

Only short comments wanted please. Say about 300 word max. No massive letters and i am more interested in the psychological effects and mental state, the frustration and stress that attempts to communicate with creditors has brought, rather than the legal side or section 78 failures etc.

 

I would prefer comments sent via hotmail or yahoo (link on the left of these posts) and not posted on the open forum please and rest assured your name/username will never be quoted. All in strict confidence and for my own use in writing about the subject matter and any information will be changed as to keep any comments i may add to the book as anonymous and not traceable back to any individual in any way.

 

Thanks folks... something may come of it. I may be a rubbish author! If it's not good enough for publication and if i ever finish it i'll post it online for download to try to help those being hounded by the evil doers.

[davey77]

Sent this to a Solicitor this morning:

"I am currently seeking legal advise on the best way forward in dealing with Credit Agreement issues i have with 3 Lenders and am writing to ask if you would kindly offer your opinions and/or the direction to take.

 

Long term situation is as a Carer on Maximum Carer\'s Allowance + Income Support. (looking after my elderly mother).

 

HFC Bank Credit Card (09 June 2004) Balance: £5,035. CCA1974 (s77-79) response: Single page application form. Signatures of Lender and Borrower, No Prescribed Terms. Just T&Cs leaflet.

 

RBS (Mint) Credit Card (22 May 2004) Balance £5,190.

CCA1974 (s77-79) response: As Above

 

American Express Credit Card (15 June 2004) Balance £1,500. CCA1974 (s77-79) response: As Above

 

Previous Solicitors claim letter (s60, s127, Wilson) to discharge liability ignored for the most part. Legal Aid exhausted.

 

D.O.B: *******

Status: Single

Savings/Assets: Nil "

 

Reply:

 

"I regret that we are unable to advise in circumstances where legal advice has already been obtained - it would be unprofessional of us to do so."

 

So i said:

"Perhaps i was unclear.. Legal Aid exhausted and Solicitor is no longer dealing with my cases in any way."

 

Reply:

"We are unable to assist. It is our policy not to take over cases part way through."

 

Probably just the fact that my issues are not going to make them very much money but they didn't have the professional courtesy to say so. And yes, they did make the last sentence blue.

[davey77]

Onwards and upwards.. waiting for a reply from another one now...

[davey77]