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MINT DN's two received


cupcake68
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Hi

 

I CCA'd Mint last year and received an enforceable agreement from them. I continued to pay for as long as I could.

 

They then, although my account was not in arrears, decided to close my account.

 

I couldn't afford to pay at that time and subsequently received a DN on 24th June 2010 (dated 17th June 2010) from them. http://s683.photobucket.com/albums/vv199/cupcake62/EC%20Mint/EC%20Mint%20dnrec%20240610/

 

I didn't pay and on 3rd July 2010 I received another (dated 28th June 2010).

 

http://s683.photobucket.com/albums/vv199/cupcake62/EC%20Mint/EC%20Mint%20DN%20rec%20030710/

 

The first states the reason for default as exceeding credit limit. The second states exceeding credit limit and failing to make payments when due.

 

Does the 2nd overide the first and does it matter that the breach is quoted differently?

 

I'm not sure if they have corrected their mistake therefore the DN is compliant. I do not seem to have the envelope for the 2nd DN but I do for the first and it wasn't first class.

 

I'm not sure where I stand with this now. I know it is a judge lottery as to whether they agree with the date not being quoted and the time not being given to allow for postage but the two DN's have just confused me!

 

Any advice truly appreciated

 

Thanks

 

Cupcake

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  • 2 weeks later...

It would appear that both DN's do not contain a date remedy is required by. This would, in my opinion, make them both defective. I have one from mint which is virtually identical .They terminated last week and i have issued an unlawful recsission letter to them. Sit on them until they terminate, then you have them over a barrel.

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Hi Disgruntled

 

I have had a termination from Mint!

 

But I was under the impression that nt having an exact date to rectify was no longer enough to render the DN defective? I am only thinking this after reading various discussions lately!

 

Thanks

 

Cupcake

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Hi cupcake.

 

This is my opinion, and my opinion only! I have seen various chats where people talk down the importance of the date but if you read section 88 of the CCA it clearly states that a date is required. Like I said, IMHO I consider that enough to invalidate. I dont know of any case history to support either side of the coin though....

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Hi D

 

I did not mean any offence!

 

I like your opinion !! It suits me perfectly :D but as you say there has been a lot of discussion and I no longer feel as confident as I did about the faults on a DN.

 

I will be more than delighted if this turns out to be the case.

 

So...

 

In your opinion I should now send them a letter accepting their unlawful rescission? Is there a template letter for this?

 

Thanks again for you help

 

Cupcake

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