Mint response to cca what next/

[Reader]

Hi I CCA'd my creditors on the 23 March, so far had response from BC and Mint. Standard replies have been sent none enforceable. With regards to Mint should I send a dispute letter or CPR part 31.16 letter?.

Any advice welcome.

Thanks

[r&b]

if ur under no court action at the moment, id send ACC IN DISPUTE letter then SAR (did some of mine in same envelope), so ur covering all the bases and will know what they have. usual rules recd del, no signing if u choose to. if there is potential court action, then u can use the CPR route if necessary.

SAR TEMPLATE:

http://www.consumeractiongroup.co.uk/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-.html

SAR goes to regstd address here:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31052-contact-details-banks-j.html

Doch suggested this dispute letter in post #12:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/180864-finding-faulty-cca-agreements.html

hope thats of use.

[Reader]

Thanks for that

[Reader]

Hi I have received the following response to my Account in Dispute Letter. What should I do next - should I send a SAR letter with £10.00 postal order or just wait?

Advice please

Thanks

Reader

[Reader]

Hi sorry, the other post is too small to see. Now I have lost the other page! Doh - but you can probably get the idea of what the letter says.

What should I send now?

Thanks Reader

EPSON003.pdf

[rg19810]

i have sent a cca request to Mint, and would also be keen to know what to do next if i receive a letter like the one they have sent you.

 

any advice?

[r&b]

looks like a standard reply as ive just received the same letter by the looks of it in reply to a cpr 31.16 and 31.14 letter which will now be the subject of a hearing as i ve applied to the court for disclosure. some of wot ive dun may be of interest but its for a set aside of an existing ccj.

http://www.consumeractiongroup.co.uk/forum/legal-issues/180864-finding-faulty-cca-agreements-10.html#post2139451

 

might be an idea to post up wot they ve sent or if you re confident it's not enforceable then u have the option of doing nothing or going on the front foot and chasing them via cpr. i take it u wud be using the methods outlined here:

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

there may be other views of course.

[Reader]

Ok just an update to this thread.

 

Response from RBS to a SAR is ..

 

"We do not have a copy of the original contract/application form and we are unable to trace any further correspondence on the above account". They have also sent a defective default and terminated the account.

 

Now Triton Shower are harrasing me and I have informed them of the above and that the account is in dispute etc etc ..... They have now sent a letter titled Notice of Legal Proceedings, informing me that....

• They may ask the court to enforce the debt options and the County Court Bailiff will be visiting me at home and take away my possessions to sell and set off against the debit.
  
• A charge placed on my property or assets
  
• Employer deducting monies from my salary
  
• You attend court and submit to a personal detailed examination (don't like the sound of that ) under oath, of your personal financial affairs before a senior officer of the court of District Judge.
  
  

Any suggestions on what to do next? Is it now CPR time?

 

Thanks Reader

Edited September 16, 2009 by Reader
Forgot about account termination - sorry

[r&b]

Ok just an update to this thread.

 

Response from RBS to a SAR is ..

 

"We do not have a copy of the original contract/application form and we are unable to trace any further correspondence on the above account". They have also sent a defective default and terminated the account.

 

bless them....

 

Now Triton Shower are harrasing me and I have informed them of the above and that the account is in dispute etc etc ..... They have now sent a letter titled Notice of Legal Proceedings, informing me that....

 

• They may ask the court to enforce the debt options and the County Court Bailiff will be visiting me at home and take away my possessions to sell and set off against the debit.
  
• A charge placed on my property or assets
  
• Employer deducting monies from my salary
  
• You attend court and submit to a personal detailed examination (don't like the sound of that ) under oath, of your personal financial affairs before a senior officer of the court of District Judge.
  
• 
  
  
• they can (may) ask the court all they like but with an admission of no credit agreement or even an application form they really are in the proverbial.
  
• 
  
• Any suggestions on what to do next? Is it now CPR time?
  
• 
  
• cant see the point really. id just send the sameish letter (there is a 'confused' letter in the template library but check if it suits) with a copy of that from RBS and ask on what grounds they seek to litigate and carry out 'personal' examinations (will that go on the charges do u think? some people do pay a lot for that sort of thing) and if they wish to waste the courts valuable time and resources on their own head be it, as u see that u have no case to answer.
  

 

Thanks Reader

 

r&b

[madasamuppet]

If RBS say they do not have an agreement or anyother docs relating to this how can Triton threaten to take you to court. I would write to them with a copy of the letter from RBS and ask them how they intend to do that.

[Reader]

Thanks both. Will send another confused letter, I have already sent the original letter proving that RBS don't have the paperwork but they don't read my letters by the look of it.