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Mint Card letter

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Hi there,

 

Bit of a panic, I have received a letter from Mint saying that I am in breach of my agreement as I'm in arrears, I can remedy the situation by paying the arrears of £389.00 within 17 days of the notice but I don't have that kind of money as I'm self employed and struggling to pay myself. I'm just about earning enough for shopping and mortgage.

 

Any ideas on what I can do?

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Hi Bearing

I would write to them first and explain your situation and then make them an offer of payment what every you can afford to pay each month even if its a token payment of £1.

Then i would send them a cca request to make sure they hold a valid agreement.

You can find templates for both of these letters in the template section.

Good luck. ( ;

  • Haha 1

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I'm just in the process of writing them a letter with a token payment after speaking to CCCS yesterday, I'm not so panicked now as the advisor commented that they can't get out of you what you haven't got.

 

I shall also send off the request for the CCA.

 

Thanks for the good luck wishes

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After sending the letter explaining my situation including my being in contact with the CCCS, I have today received a termination of Account letter.

 

Any ideas what I can do now?

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Anybody?

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Please see below a copy of the default notice I received

 

default_notice.jpg

 

 

And also the Termination letter I received on the 1st August

 

 

account_termination.jpg

 

Do these look enforceable?

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I've noticed in the DN that the parts BEFORE THE DATE SHOWN are not in bold font when compared to the font around it, I was under the impression that this needed to be prominent in Bold lettering.

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Also they gave me 17 days after the date of the notice to credit my account to remedy the situation, at the top the Date of default notice is 25th June 2009.

 

Assuming thy sent the notice by first class post this gives the following.

 

25/06/2009 Thursday - Date of Default Notice (and probable posting day)

 

26/06/2009 Friday - 1st Working Day after Postage

27/06/2009 Saturday - WEEKEND

28/06/2009 Sunday - WEEKEND

29/06/2009 Monday - 2nd Working Day after Postage and date of Service as defined here

 

 

30/06/2009 Tuesday - 1st Clear Day

1/07/2009 Wednesday - 2nd Clear Day

2/07/2009 Thursday - 3rd Clear Day

3/07/2009 Friday - 4th Clear Day

4/07/2009 Saturday - 5th Clear Day

5/07/2009 Sunday - 6th Clear Day

6/07/2009 Monday - 7th Clear Day

7/07/2009 Tuesday - 8th Clear Day

8/07/2009 Wednesday - 9th Clear Day

9/07/2009 Thursday - 10th Clear Day

10/07/2009 Friday - 11th Clear Day

11/07/2009 Saturday - 12th Clear Day - Mint Deadline

12/07/2009 Sunday - 13th Clear Day

13/07/2009 Monday - 14th Clear Day - Statutory Deadline

14/07/2009 Tuesday - 15th Clear Day

15/07/2009 Wednesday - 16th Clear Day

16/07/2009 Thursday - 17th Clear Day - Mint Deadline by my reckoning (using 17 days)

Edited by bearing

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I get the distinct feeling I'm talking to myself here.

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25th June was a thursday so the DN is deemed served on monday 29t h- the second working day. 14 days after that is sunday 12th which is also 17 days after 25 June. So I think the DN is OK from that point of view


Steven

 

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Hi bearing

 

The 17 days situation is debatable anyway, although even if it is acceptable I believe your calculations are correct. Even if you count the 17th day it would be Sunday as Steven states but that is still 1 day short.

 

However, the notice states before the date shown which would be Sat 11th which adds further confusion.

 

To sum up I believe the DN is defective because it does not allow enough time and the termination is therefore 'unlawful' and there could be other issues. I am sure others will be along now you have put the link on the Dodgy DN thread but in the meantime you need to read through that thread.

 

Pedross

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I am assuming this would be relevant even if they stated "17 days".. the regs say there MUST be a specific date. Was your DN posted 1st or 2nd class post.

 

 

Details of breach of agreement and action required to remedy, or pay compensation for, the breach

 

3

A specification of:--

 

(a) the provision of the agreement alleged to have been breached; and

 

(b) the nature of the alleged breach of the agreement, specifying clearly the matters complained of; and either

 

© if the breach is capable of remedy, what action is required to remedy it and the date, being a date [not less than fourteen days] after the date of service of the notice, before which that action is to be taken; or

 

(d) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach and the date, being a date [not less than fourteen days] after the date of service of the notice, before which it is to be paid.

I think that is pretty conclusive that the Regs require a date not the words "fourteen days"


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It came first class.

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It came first class.

 

 

Then it is at least one day short according to my calculation you should have been given until Mon 13th.

 

However, steven's post is very relevent and I do not believe that 17 days is an acceptable statement and I have posted my reasons somewhere but don't ask me where.

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Then it is at least one day short according to my calculation you should have been given until Mon 13th.

 

However, steven's post is very relevent and I do not believe that 17 days is an acceptable statement and I have posted my reasons somewhere but don't ask me where.

 

Thanks, I'll do a search.

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There is good case law that says that if the statutory period is not given (ie 14 clear days from the date of service) then the DN is invalid. However, I do not know of any case law which says that giving a number of days rather than a date also makes the DN invalid. Therefore you would be even more at the whim of the DJ if you relied on this fact in court IMHO


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

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NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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There is good case law that says that if the statutory period is not given (ie 14 clear days from the date of service) then the DN is invalid. However, I do not know of any case law which says that giving a number of days rather than a date also makes the DN invalid. Therefore you would be even more at the whim of the DJ if you relied on this fact in court IMHO

 

I was not sure if anyone had tested that theory yet but it appears not. Therefore the DN is 1 day short according to my calculations and should be a useful defence.

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I don't think it is a day short - 14 clear days from date of service and 17 days from date of posting are both Sunday 12, I think


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Hi steven

I am sure that the way the days are calculated are as bearing has done in post 8 with the exception of the mistake referring to 16 July.

 

That means the Statutory Deadline is Monday.

 

But the wording which must be used and has in fact been used is 'BEFORE THE DATE SHOWN' so that would make the mint deadline saturday in effect although it is not too important if I am correct in my Monday calculation.

 

Pedross

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I am pretty sure that "before" means "on or before" (but I may be wrong)


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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The payment must be credited to your account by no later than 17 days after the date of this notice shown above

 

The 'no later than' suggests that before does mean 'on' or 'before'.

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The 'no later than' suggests that before does mean 'on' or 'before'.

 

Before means before. That is the word stated by the regulations.

 

This is one reason why I believe that the DN is defective. It should state a 'specified date' and it is almost impossible for 3 intelligent people to be sure what the date actually is. So let us assume that the 'date specified' is sunday 12th the deadline is saturday 11th by statute regardlesss of what mint say.

 

But steven has a valid point in that there is no case law to support this so it is a risky defence. But I do believe even so that it is 1 day short based on the table you have posted in post 8 which I believe is the correct calculation.

 

Pedross

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I Have a similar DN from rbs

Mine to says 17 days from the date on the notice.

With advice from another Cagger my argument will be that they have not specified a date.

There is a discussion going on at the moment about Dn which is very interesting

Check it out http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196312-invalid-default-notices.html

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