CCA Help please- Mint/RBS Credit Card

[JIG]

Hi,

 

I am just getting going with my CCA requests in view that my wife and I can no longer support the debt we have due to my wife having an accident in work and has been off sick now for getting on for 12 months. We have been missing payments all over the place, but have managed to sort out our mortgage for a while.

 

Reading all the excellent posts on here I have CCA'd all CC companies, but have received the attached from Mint and require some advice as to the type of letter I must send to counter this response. Any help would be a great help.

 

Mint Cover Letter 20th April 2009.pdf

 

Mint Application Form.pdf

 

Mint T&Cs 1.pdf

 

Mint T&Cs 2.pdf

 

Mint T&Cs 3.pdf

 

The account was opened back in 1997 and I know that what they have sent me does not constitute an enforceable CCA, but I feel quite guilty in challenging Mint on this as they have been the only company that have accepted £1 payments for a period of 6 months which as taken a lot of pressure off and feels a little positive in view of everything else that is going on.

[clemma]

I don't like to disagree - but all the prescribed terms are included on the application form that you have signed.......this would make it enforceable.

 

The only issue is its legibility of the form and the fact they have not signed or dated it.

 

I would continue making those £1 token payments, and concentrate on the more problematic creditors/DCA's for now

[IdaInFife]

I agree with clemma, the prescribed terms are on it.

 

Ida x

[JIG]

Thanks Clemma and IdaInFife for responding so quickly.

 

Quite surprising I have received another letter from Mint today saying that they are willing to accept a full and final.

 

Yet my wife took a nasty phone call from MBNA todayand I come home to her being quite upset as she is in a sensitive place at the moment suffering from bouts of depression. She said the guy spoke to her like dirt and as if she was a little girl.

 

I would love to get may hands on him.

 

Anyway, I didn't think that an application form constituted a valid agreement.

 

Have you both been through similar things yourself?

[IdaInFife]

an application can be enforceable as long as as they prescribed terms are on it, which in this case they are.

 

to be honest, it's very rare for them to offer and reduced f and f with an enforceable cca so maybe the monkey doesnlt realise either.

 

you could send a letter of complaint regarding their actions wiht your wife and a copy to the oft.

 

I haven't been through this. Did go bankrupt years ago and wished now that i had cag then as wouldn't have and been in better position now.

 

ida x

[Wormtail]

The Mint F&F was it in your favour?

[JIG]

Hi Wormtail

 

The offer of an F&F does not stipulate a figure, the letter merely states that I should 'confirm an amount that I am able to offer'.

 

The letter then goes on to say that if an amount is not possible then they will accept token payments of £1 until Oct 09.

 

I gather this is unusual.

 

The more I read on this forum the more I get miffed, just read a thread on someone who had died not long after MBNA taking them to court. It has got me livid.

[Wormtail]

I too feel your anger, the credit card companies keep offering offer more and more credit untill you are trapped, i had a lot of money on cards and tried to keep switching it interest free, so my cards are relatively new.

 

Now general interest rates are low there are no more deals for me and the intrest rate that they apply is crippling.

 

The stress caused certainly can affect your health

 

Im just hoping that some of my agreements are unenforceable, even if i manage to get some written off they will still make a fortune out of me!