Letter Before Action

[Uptoonesears]

I have received a letter from a debt collection agency relating to a credit card debt. (Mint RBS)

They are demanding payment in full within 7 days, or they will issue court proceedings.

I am not in a position to pay the amount in full in one go.

What should I do, can anyone advise me please?

Thanks

Roger

[Rooster-UK]

Moving thread into the Debt Forum.

[ICO]

I have received a letter from a debt collection agency relating to a credit card debt. (Mint RBS)

They are demanding payment in full within 7 days, or they will issue court proceedings.

I am not in a position to pay the amount in full in one go.

What should I do, can anyone advise me please?

Thanks

Roger

 

 

Hi there, is the debt a recent one ??? Or is it quite old ??? I fyou can give more information on it, with regards to the rough date you defaulted, have you made payments since default . . . etc, there are loads of people on this site who can help

[Uptoonesears]

Hi

Thanks for your quick response!

The default date was June 08, I made some payments to one Agency, who seem to have passed it on to another.

they did not inform me of this, it just came out of the blue!

Rodger

[twofoot]

I think ICO was asking how old the credit card is. If it's a few years old there is a good chance there is no valid agreement. Either way it's a good idea to request a CCA. Look through this forum for how to do that if you're not sure or ask.

[42man]

Hi Uptoon....I would immediately send off to whoever owns the debt now (as you know banks 'sell' their debts off to debt collection agencies/debt purchasers) a request for a copy of your agreement you can find this here - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter - this will cost you £1 (send a postal order) and send it recorded delivery - do you still have the old default notice by the way ?

[42man]

If they fail to send you a copy of your agreement within 12+2 working days of your request then they slip into default of that request, whilst that default is in place the debt cannot be enforced.....

 

This is the relevant legislation -

 

Consumer Credit (Prescribed Periods for Giving Information) Regulations

1983 (SI 1983/1569)

2 Prescribed period

The period of 12 working days is hereby prescribed for the purposes of each provision of the Act specified in Column 1

of the Schedule to these Regulations relating to the duty indicated in Column 2 in relation to regulated agreements

 

 

SCHEDULE

SECTIONS OF THE ACT IN RESPECT OF WHICH A PERIOD OF 12 WORKING DAYS IS PRESCRIBED RELATING TO DUTIES IN

RELATION TO REGULATED AGREEMENTS

Regulation 2

Section of the

Act

Duty

(1) (2)

77(1) Duty to give information to debtor under fixed-sum credit agreement.

78(1) Duty to give information to debtor under running-account credit agreement.

79(1) Duty to give information to hirer under consumer hire agreement.

and section 78 for running credit

 

 

78.

Duty to give information to debtor under running-account credit agreement.

— (1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1 £1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)

the state of the account, and

 

(b)

the amount, if any currently payable under the agreement by the debtor to the creditor, and

 

©

the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

 

(2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)©, he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

 

(3) Subsection (1) does not apply to—

(a)

an agreement under which no sum is, or will or may become, payable by the debtor, or

 

(b)

a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

 

 

(4) Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents—

(a)

showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and

 

(b)

where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.

 

 

(5) A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.

 

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a)

he is not entitled, while the default continues, to enforce the agreement

 

(7) This section does not apply to a non-commercial agreement, and subsections (4) and (5) do not apply to a small agreement

[2Grumpy]

Who is the DCA? Have you had a letter of assignment from Mint & a hello letter from the DCA? If not, the DCA will be collecting on behalf of Mint and will not be able to take you to court

 

Do the CCA request to find out whether your agreement is enforceable

 

Send with a £1 postal order (not a cheque) to the DCA, don't sign the letter. Send by special delivery if you can.

 

They have 12 working days starting the day after delvery to send a true copy of the agreement. However, as this is RBS you will most likely get a reconstructed agreement if they can't find it.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

[Uptoonesears]

Thank you for all your replies they have been most helpful and reassuring.

The card dates back to 2001 when it wasnt called Mint but RBS Advanta.

The DCA is Fredrickson International Ltd.

I will do a CCA request as advised.

Thank you all again I really do appreciate the help:)

Roger