Mint Online credit agreement sent are they all legal?

[eastender100]

Hi all, If possible need some advice on Triton, sent them a cca request on 8th Feb, this is what I got back

 

Notice of Legal proceedings

 

Saying if I don't pay up they will be granting a ccj against me.

 

The enforcement options open to us are as follows:

1. The county court balliff visitsyou at home and takes away possessions to sell of and set against debt.

2. A charge is placed aginst your property or assets which would remain on the land regestry records until the debt is paid.

3. Your emplyoer deducts monies from your salary or wages to set of against your debt.

4. You attend court and submit to a personal detailed examination, under oath, of your personal finantial affairs before a senior officer of the court or District Judge.

 

 

Bla Bla Bla

 

If someone could help it would be great as I can't see how they should get away with send letters like this as I see this as a threat.

[Revenant]

Hi eastender

 

All those are what could,might,maybe happen if they went to Court got a ccj and you defaulted on that

 

They are not quite past the time limit for a CCA request so for now just ignore the threat for that's all it is and as soon as the 12+2 days have elapsed the account goes into dispute and there's a letter that can be sent accordingly

 

Try to sit back relax and be ready to fight back when the time comes

 

 

Good luck

 

R

[the_shadow]

Hi all, If possible need some advice on Triton, sent them a cca request on 8th Feb, this is what I got back

 

Notice of Legal proceedings

 

Saying if I don't pay up they will be granting a ccj against me.

 

The enforcement options open to us are as follows:

1. The county court balliff visitsyou at home and takes away possessions to sell of and set against debt.

2. A charge is placed aginst your property or assets which would remain on the land regestry records until the debt is paid.

3. Your emplyoer deducts monies from your salary or wages to set of against your debt.

4. You attend court and submit to a personal detailed examination, under oath, of your personal finantial affairs before a senior officer of the court or District Judge.

 

 

Bla Bla Bla

 

If someone could help it would be great as I can't see how they should get away with send letters like this as I see this as a threat.

 

They sound like unlawful threats but without seeing the letter..... you need to ensure there is no ambiguity, no MAY instead of WILL.

 

If they have stepped over the mark, refer them to Trading Standards(the firms local office) first for non-compliance of s78 and their response to it and also OFT for breaking guidance, they cannot claim steps they cannot take.... and they cannot take any of the enforcement actions WITHOUT any judgment taking place first unless they have already taken you to court?

 

s.

[eastender100]

If they have the information i am asking, why don't they just send it?

[the_shadow]

If they have the information i am asking, why don't they just send it?

 

99.99% of the time they dont, they only purchase the debt in the form of a spreadsheet entry usually. When you CCA they have to go back to the original lender to get the details.

 

S.

[cerberusalert]

Can you scan that letter & post it up after removing identifying details?

[eastender100]

It says, they have now recommended to The Royal Bank of Scotland plc that solicitors should be instructed to commence court proceedings against you for recovery of the debt, which would mean that you would also be liable for court costs.

[Revenant]

If they have the information i am asking, why don't they just send it?

 

You almost answer your own question with the first word you write . . IF

Chances are they haven't and are trying to bully you into paying up, standard tactic

R

[eastender100]

How do I scan letter and put on Forum?

[eastender100]

Oh by the way they keep the £1

[cerberusalert]

Scan the documents to a jpeg file & save to 'My Documents'. Go to TinyPic - Free Image Hosting, Photo Sharing & Video Hosting & left click 'Choose', another page will open listing folders in your computer. Double left click 'My Documents' & left click the file you want to upload. Left click 'Open', the box will close then left click 'Upload Now' on the webpage. The page will refresh giving a list of options, copy the URL & paste it back here. Left click 'Post Quick Reply' & voila your agreement will appear "just like that" as Tommy Cooper would say.

[eastender100]

I will try and get it on in a moment, if I can't would it be ok to put it on later, or should I start another thread?

[the_shadow]

I will try and get it on in a moment, if I can't would it be ok to put it on later, or should I start another thread?

 

Nope stick it on here... you have a captive audience already now, dont want to clutter up the board with more threads than necessary :-D

 

S.

[eastender100]

[slyspy]

standard threatogram.

[ODC]

Standard DCA drivel and full of ifs and maybes. If they cannot produce a CCA then they are unlikely to get and uncontested CCJ against you making threats 1-4 totally irrelevant

[the_shadow]

As mentioned in my earlier post, its not against the OFT guidelines if they use MAY and detail what COULD happen IF they OBTAIN JUDGMENT.

 

Standard threat-o-gram I'm afraid.

 

S.

[bugsy123]

:grin::grin::grin: "the moment you get this letter lol. tell em to whistle! Hang on for the credit agreement.

[eastender100]

Hi all, if someone could give me some advice as to the credit agreement sent to me from Mint . It was a online credit card agreement. Are they all binding, as it isn't signed by me but just a tick in a box. if someone could give me some advice I would be very grateful.

[Pinky69]

Electronic signatures are accepted in law but that doesn't mean the application form is an enforceable agreement. It is impossible to say without seeing it. What year did you apply? If possible scan it on here covering over your personal details.

[eastender100]

It was took out in 2008, It looks ligit im afraid because there is several pages. It does say COPY on each of them.

[Pinky69]

If it is that recent it has a good chance of being enforceable. You can read the posts of other MINT enquirers here.

 

Royal Bank of Scotland

[panther12]

The friend I'm helping has just received the exact same letter from Triton. Is this reply ok to send back?

----------------------------------------------

I am in receipt of your letter dated *** with the heading NOTICE OF LEGAL PROCEEDINGS, the contents of which are noted.

 

You state in your letter that you have now recommended to National Westminster Bank Plc that solicitors should be instructed to commence court proceedings against me. However, to date, and despite repeated requests, you have failed to provide me with any documentation to substantiate your allegations that a legally enforceable debt exists.

 

In your reply to my legal request made under s77-78 of the Consumer Credit Act 1974, you state that there is no obligation for you to provide a copy of the original agreement bearing signatures, nor does it need to contain a signature box or dates of signature.

 

In my reply to you dated *****, I informed you that I had reason to believe that there may be discrepancies within the agreement which render it improperly executed and respectfully asked that you provide me with a true copy of the original agreement in its unaltered form.

 

Whilst I appreciate that under the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 you are able to omit a signature and date box from the copy, I do not think it is a lot to ask for you to simply go and fetch the original agreement, photocopy it and pop it in an envelope to me. The only reason that I can presume avoidance of such a simple process is if you never actually had a copy of the original signed agreement, in which case may I remind you that OFT Guidance clearly states that lenders would be acting unfairly, and potentially in breach of their consumer credit license, if they misled borrowers by hiding or disguising the fact that there was never a signed agreement in the first place.

 

For clarification, the document you sent, purporting to be a credit agreement, does not contain all of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are. I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say, all of the required terms are not present in this document. Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states:

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition, should you continue to pursue me for this alleged debt you will be in breach of OFT guidelines. These guidelines (issued July 2003 & updated December 2006) relate to debt collections and what the OFT considers unfair. I have enclosed an excerpt from page 5 of the guidance which states;

 

• 2.6 Examples of unfair practices are as follows:

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

As it stands this account is clearly unenforceable and I expect you to write back and confirm that no further action will be taken and that the account is now closed and no further correspondence will take place. Any further threats will be averred as unlawful and vexatious with a counter-claim forthcoming.

 

I wish to remind you that I am still awaiting a response to my Subject Access Request and will enter into no further correspondence with you until you have fully complied with my request.

 

For the avoidance of doubt, I do not acknowledge any debt to you or your company.

 

I trust this clarifies the situation for you.

 

Yours faithfully

[eastender100]

Hi all, could someone help me with this as im tearing my hair out. I made a f&f settlemrnt with Triton, they sent me a letter to confirm that it had to be paid by 14 days of the date on the letter. I sent them a cheque by Special delivery and they recived it and signed for it but have'nt cashed it. I now called them to ask them why not and they have told me that I have sent it to there head office address and it was the wrong address so the agreement is now off and they will take me to court for the full balance. I have sent other cheques to the same address and they have cashed those ok. Please help if you can.

[cerberusalert]

I would think they would have a difficult time in court. You both came to an agreement, you have honoured your side and you have written proof of them accepting the cheque.... game over for them.