Help - RBS Mint want a fight!

[davey77]

Triton passed me onto Green and Co Sols recently.

 

Standard practice then.. had the same.. 1 letter from green and Co.. bogoff reply sent and never heard from them again.

[exchange]

underdog13, did it go quiet for a while before they passed it on?

[underdog13]

Thanks Davey, good to know they take note of bog off letters:D

 

It went quiet for a little while, Exchange - about 2 - 3 weeks or so. Used to hear from them once a week before that:rolleyes:

[underdog13]

Does anyone have a fax number for Green & Co? - have searched everywhere and can't find one. Whoever heard of a solicitor who doesn't have a fax machine?!

[exchange]

Thanks for the replies, waiting game then

[exchange]

030709.pdf

 

I didn't have to wait long!

 

Attached letter saying account has been passed on to 'amp', the 'debt recovery office of mint', so not a DCA then?!

 

They also state that the whole balance is now due, they terminated the account on the 1st June 2009, and that 'interest continues to accrue'!

 

Am I dreaming, or am I right in thinking that once an account has been terminated that interest is frozen? Is this another cock up by RBS?

[exchange]

The amount due is the same as on a letter dated 17 June 2009 sent by Triton so if they are adding interest would this figure not be higher by the 3 July 2009? It is different than the termination figures which showed a lower balance but then a separate figure for arrears. Talk about make it confusing!

[exchange]

I will wait for the next letter and, no doubt, attempts to call me, and see what the SAR throw's up which is due by the 3 August 2009.

[exchange]

Bumping as I am just looking for confirmation that they should not add interest after termination.

[underdog13]

That was my thinking too, exchange; despite creds informing me they are going to keep adding interest and charges after termination:rolleyes:

 

Anyone have a nice legal quote we can throw at them?

[exchange]

Hi underdog13, I'm sure I have seen this stated on other threads but the legal viewpoint would be useful.

[underdog13]

Agree; it would be nice to have something good and solid to throw at them - metaphorically speaking of course;)

[exchange]

Anyone?

If an agreement is terminated is it possible to add interest and charges and what prevents the CCC from doing so?

[exchange]

Bumping!

[caro]

I'm not up on this type of thing exchange but I've asked if someone else on the site team may be able to help.

[exchange]

Thanks caro.

[42man]

I think the only period they can't add interest is during the default period although i'm not 100% sure on this, you can carry on stating the fact that they have sent you an application form, but it would seem they will make a stand stating what they have is an 'agreement'.....your options now would be to continue to dispute the validity of the 'application' or let them take it to court, or possibly you could take them to court to get a judge to state that the agreement isn't enforceable...

[42man]

I presume they have just sent terms ? and no signature document ? was this an online application ?

[exchange]

Thanks for the replies.

I have sent an SAR request which they are due to respond to by the 3 August 2009 so I will wait for this before deciding what to do next.

42man, it was a signed paper application which they have sent a copy of with separate T&C's but they have also previously stated that they have sent me a copy of the agreement 'agreed to after you received the credit card'. The application copy sent to me was obviously filled in before I received any credit card so where is this agreement sent after receiving the credit card? They have not sent any copy of this!

They have made various errors along the way so far and I appreciate what you say about the interest situation, I am sure I saw other threads stating that interest cannot be added once the agreement is terminated but maybe I got this wrong. Perhaps others have had interest frozen at this stage.

[exchange]

View expressed that interest should not be being added once terminated.

[exchange]

Checked T&C's and it says 'charges will continue to accrue' post termination.

 

Pity they are in a separate document!

[exchange]

Received my SAR yesterday. Dated 30 July, postmarked 3 August (date manipulated as with all correspondence!) and not much in there. Account was opened in 1997 but only sent 6 years of statements.

 

So no fruther with this really. Waiting to see what they do next.

[exchange]

RBS cashed the payment for the SAR, but I guess they are desperate for cash!

I have had all my SAR's but neither MBNA or M&S have bothered cashing the payments, must have enough money!

[davey77]

Usual tactic not to cash sar or CCA payments thereby trying to cut down on the paper trail (proof of your requests). They have received the request (recorded hopefully) therefore what they do with the money is their problem.

 

I always used to be hung up on hoping they would cash the cheque in the early days but really it doesn't matter. Your requests are in, they have a time limit and if they fail then you report them. Done.

[exchange]

Thanks for replying davey77. Both MBNA & M&S have sent the SAR's but not cashed the payment. Up to them, as you say, but they have responded so illogical to me!