Credit Reference Shows unenforceable MINT card debt

[afta05]

I have just looked at my credit reference files and each one shows a regular monthly update from Mint and an outstanding balance even though they were unable to respond to a CCA request in 2008 and have given up chasing and sending in the DCAs. How do I stand in relation to telling them to remove the notice from my credit reference files if they cannot enforce the alleged debt and have no chance of collecting?

[Bazooka Boo]

Quite simply write to 'Mint' telling them that they should remove the adverse data from your CRF immediately or you will take further action.

 

If they are processing your data and they have not got the correct agreements, then they are in breach of the data protection act and once reported to the ICO are liable to be fined up to £500,000.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/254802-no-cca-processing-your.html

[afta05]

Thank you for very helpful advice. I'll be writing to them....

[Bazooka Boo]

Let us know the outcome..

[afta05]

Received letter from Mint. They say "we are able to provide you with a copy of the Credit Agreement etc" Asking me to send £1. The history is that Moorcroft DCA were sent a CCA in 2008 which they eventually sent back together with the £1 PO telling me to write direct to Mint. I did not do that but a few months later intrum justitia started chasing the debt. I wrote to tell them that a CCA request had not been met and they returned the debt to Mint. All was quiet until I checked my CRF and found this still being shown in default.

Does the fact that Moorcroft returned tha CCA request mean that there is currently no CCA on this account and that I have to send a new request to Mint? They seem to have abandoned the chase as it has been over 2 years since they last tried and only now say that they can provide the agreement if I apply for it.

[Bazooka Boo]

The fact that Moorcr@p failed to comply with your CCA request doesn't mean that there isn't one, they just couldn't be bothered to ask Mint for it because they are lazy.

 

Send Mint the CCA request with a £1 Postal Order, and see if they can produce it.

[afta05]

Mint have sent me a copy of the original agreement and the T&C. My signature and interest rates etc all there. I owe some £3K but nothing has been paid for well over 2 years. They said in their letter that they have not sold the debt. I thought about making an offer of say about £500 to settle as I am an OAP. What do you advise?

[Bazooka Boo]

Hold your horses! Can you scan and post up what they have sent which they believe to be your CCA, please remove all ID first, especially bar codes and reference numbers, even the small ones at the top or bottom of the pages, others can have a look and will be better able to advise as to the enforceability of the agreement and where you can go from there.

 

If you wish to make them a F&F offer of payment, then there are quite a few points to note and stipulations they need to agree to in order for you to part with your hard earned, so please don't do anything to hasty.

[jimbo45]

Hi there

Apart from the fact I really dont give a toss anymore about CRA's who are almost as bad as the DCA's IMO I think that a DEBT is a DEBT even if its unenforceable.

 

However unless it can be argued that an unenforceable debt is NOT a debt any more and therefore doesn't exist you might have a hard time getting this removed - since what the Bank can say with 100% certainty is that you WERE lent the money.

 

Whether they have any right in receiving any of it back depends on the enforceability or lack of it of the CCA.

 

My (non legal) interpretation would be that they perhaps could remove the DEFAULT NOTICE but could still leave the original notification of you were issued with a card but its been terminated.

 

Actually once you can deal without credit these sort of worries over what data is on a CRA don't matter anymore.

 

One less thing to be worried about if you are getting hassled by DCA's as the CRA threat wont work anymore.

 

Cheers

jimbo

[afta05]

Thanks for coming back Bazooka Boo. I have attached the agreement and letter. I also got a current statement and some general T&C.

Mint anon.pdf

[coledog]

its an application form.

[afta05]

At the bottom above the signature it say "this is a credit agreement". Does it not conform to the requirement of the CCA?

[Abby25]

An application form can be also be an agreement IF it is marked as a "Credit Card Agreement regulated by the Consumer Credit Act 1974" or "Credit Agreement regulated by the Consumer Credit Act 1974" - and contains all of the prescribed terms as required by s60(1)(a) of the CCA74.

From what I can see from the app, it does contain the required statement - and therefore conforms to the ‘The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553)/SCHEDULE 1’ ‘Information to be Contained in Documents Embodying Regulated Consumer Credit Agreements other than Modifying Agreements’ .

On on to the prescribed terms - it is my understanding that the prescribed terms may not be embodied within the general terms and conditions document s61(a), but must be clearly identified pre-execution of the agreement. With regards to them being in the T&Cs on the reverse of the application - I'm not sure if a Judge would be ok with this - not sure myself how this would impact - all my CCAs have been very defective and no t&cs on the rear - so not something I've delved into too much.

Are the copy T&Cs shown a copy of the actual reverse of your CCA - or just a library one they've provided ?

Maybe someone with can elaborate on this further - but the CCA heading and disclosure looks ok to me.

Abs x

[Bazooka Boo]

Was this completed on premises? Or was it a postal application?

Can't see their signature anywhere, and if you didn't sign this in store/on premises, did they ever send you your right to cancel?

[afta05]

This would have been a postal application - everything I did back then was postal. I have no idea now if I received a right to cancel - I don't think so but I can't be sure.

[afta05]

What should I do now?

[Bazooka Boo]

IMO what they have sent you does not comply with a S78 request, it doesn't contain your right to cancel nor does it contain their signature, well not from what I can make out, also is the copy you have as bad as the one you posted? ie, is it that illegible? Another arguement for failing to comply as the document MUST be legible to be enforceable.

 

You could send them this;http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

OR this http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/582-possible-letter-when-a-questionable-agreementapplication-is-sent

Or a bit of both edited to suit..