Mint Card case study - Might get interesting!

[emandcole]

Ok, this is going to get good.

 

Got/had a Mint card and after making a CCA request etc I was unhappy to find that the terms and conditions governing the account were incompatible (to my mind) with the credit agreement. Also the charging information on the T&C's differed to the charges they had applied in the past and Mint to date have not provided the original T&C's applicable at the time of opening.

 

Mint refused to answer my questions and the relationship broke down. I stopped paying placing the account in dispute whilst I awaited answers to my questions and eventually they issued a default notice. I have it and basically it's invalid as the date for remedy is non-specific merely stating that the remedy amount required of £60 had to be paid within 17 days.

 

Additionally, given the fact that unless they sent it 1st class, which they didn't, even this does not allow enough time for me to remedy, if that's what I wanted to do. Mint then terminated the account and started to pass it to a number of DCA's. I wrote and accepted their termination and asked for the correct arrears balance to be sent so I could clear it.

 

Since then Mint has passed the account to:

Triton (Threatened litigation immediately)

Green & Co. Solicitors (RBS In house, also threatened litigation)

Moorcroft (Threatened everything going)

Midas Legal Services (Part of Moorcroft so what's the point of that?!)

Home Collection Services (Also part of Moorcroft group!)

Wescot (Might lodge claim in Hull County Court...good luck with that)

Nelson Guest & Partners (Wescot...7 days to pay or litigation immediately)

Credit Security Ltd (Limited being the main word, doorstep visit promised)

All of the above have passed it around amongst themselves and had a go at threatening all sorts of nonsense. Quite why Mint doesn't just answer my questions instead of stamping its feet and holding its breath I have no idea :grin:.

 

Where is this all now then? After dealing with other priorities I recently wrote to them to remind them of the unlawful rescission, the invalid default notice and the fact that nearly a year after all of this I am still waiting for an arrears balance to be sent to me.

 

I demanded that they remove the invalid default notice from the CRA's and reminded them that as they had chosen to terminate the account on the back of the invalid default and I had acce[ted both in writing and by conduct that they were not able to re-issue another default. Unless they removed the defaults I would commence litigation to order the removal and if they put me to the trouble of litigation I would claim for unlawful rescission of contract and injury to credit. I even reminded them of the cases I would rely on.

 

Mint state that:

 

'The default notice, reference xxxxxx was issued on xx October 2008 giving you the opportunity to make a payment of £60 to remedy the overdue situation or offer your alternative proposals for repaying the account. As you did not contact us or make a payment to satisfy the default the account was terminated in line with standard procedure on xx November 2008 and our letter xxxxxx was sent in confirmation.

 

We consider that the balance is not in dispute and our standard letters confirmed our intention to register a default against your credit file and refer your account to agents if payments were not received in line with the T&C's'.

I responded and basically said they are having a laugh. I confirmed I would be proceeding with litigation and to expect my claim form shortly. Within 5 days of my letter Mint respond with a template letter informing me that they were investigating my concerns and they'd be back to me within 10 days.

 

2 days after this Mint respond with the following:

 

'As your last payment was received on xx July 2008 and the default notice was produced on xx October 2008, there can be no dispute by you that you did not satisfy this request, nor that it was unclear as to the amount you had to pay within the 17 day period specified.'

 

What? I've not disputed I didn't satisfy it? What are they on about? Answers on a post card please. They continue:

 

'The default notice clearly states the amount your account is in arrears. The Termination Notice was then issued giving you 14 days to set up a repayment programme by way of contacting this office. Both of these letters and wording is agreed by our legal office.'

 

Ah, so it's their fault is it? Legal office? Must be right then .

 

'Once your account is terminated the full balance becomes due under the Terms and Conditions of use of your agreement'.

 

Would they be the original set I've been waiting for over a year to see?

'The termination of your account prevents/stops further use of your credit card, it does not prevent or stop you making payments to the account, nor does this mean that the agreement has been cancelled.'

 

Un-frickin-believable. New one for the books, a terminated agreement does not mean it's been cancelled . It's like law as approved by Sesame Street!

'Our letter dated xx February represented the bank's final response in connection with this matter. The balance on your account remains outstanding, and as the debt is legitimate we shall continue to pursue you for repayment.'

 

Sure, why not. You haven't quite exhausted all of the DCA's just yet.

 

'Please note that we shall not reply to any further correspondence on this matter, as we have made our final position clear and have nothing further to add. If you wish to take your compaint further you may refer the matter to the Financial Ombudsman Service, details of which were enclosed with our letter dated xx February.'

 

Ah, the FOS. Yeah, you'd like that wouldn't you. Must think we're all stupid or something.

 

'You may take what legal action you see fit.'

Fighting words there for someone who thinks a termination notice doesn't end the agreement. That's where I'm at anyway. My next step is to write to the CRA's informing them the default that was issued was invalid and that the creditor has terminated the account so is not entitled to issue another. I will be writing back to Mint with a few kind words and to inform them that they had better not stand in the way of the CRA's removing the account history whilst this matter is resolved fully.

 

I will be pursuing this in court. I'll keep you all posted but I think this could be a useful example for other ex-Mint account holders.

 

[Dotty50]

Hi Emandcole

 

It's very interesting already!

 

I have just sent CCA to Mint for my OH, wonder what they will produce?

[emandcole]

Thanks Dotty, will be adding more if they ever get back to me!

[LB145]

subbing - myself and OH both have Mint accounts - am sorting out other issues as you are aware and then I will look onto these. Don't want too many plates spinning at once. Good Luck!

[willtheywontthey]

in similar situation. Working my way through the latest DCA. They are good to let me practice with them

 

Mint also sulked and said they no longer wanted to correspond. I have complained to ICO about them not providing all documents and they ahve now admitted they do not have any Advanta documents. Add to the letter some time ago from them stating the cca was no longer available.

 

Also subbing