old RBS MINT CC debt, now with Wescot

[The Phantom]

Got a problem with MINT credit card (RBS).

 

I have had the card for about 7 or 8 years now.

When I first applied for it on the internet and was approved,

I never used it very much.

 

My husband also had a card as a second card holder.

He ran into serious credit card debt problems and in a desperate attempt before finally going under, he transferred just under £6000.- onto this MINT card as a balance transfer.

He then went bankrupt and had his debts basically written off.

 

I am however now landed with £6000 on this MINT card for which I am liable I have been told.

 

I came to an agreement with MINT to repay the amount at £26.- per month until the balance is repaid.

They stopped interest and charges and refunded all charges they ever levied.

 

This agreement has been in place since 2006 and I have got the written agreement from them in letter form to confirm the £26 per month until the amount is repaid.

Currently the oustanding balance is £5216.03

 

Now two months ago they sent me a letter to say the 'temporary agreement' on my account was due to be reviewed and my new monthly payment was £144.-

 

I sent them a letter back explaining that the agreement was never temporary but permanent and sent them a copy of their own letter dated 2006.

I sent that recorded and they received it.

I heard nothing in reply.

 

Today I got a new bill showing my minimum payment as £2379.- per month and the footnote that I had failed to make a minimum payment.

 

I have maintained my £26 / month religiously since 2006, I assume they are referring to the £144.- they imposed last month

 

I have written them another letter back explaining the situation, but is there anything else I can do ?

[harrassed senior]

Have you every CCA'd them?

 

Keep up your payments of £26 for now as this will be to your benefit until you see what they send in response to the CCA request.

 

Many companies/DCAs have come unstuck by becoming too greedy

[debt4get]

marvellous they always get greedy in the end.

..you could send for your agreement and we will advise on enforceability..

..the letter templates for this are in the library on this site..

 

..if the agreement is unenforceable then theoretically you could start to withhold payment.

..this may give you a lever in order to get the original agreement you had back in place

 

...i am wondering though what they would do if you continued just to pay what they agreed to?

they would certainly look silly in court when you produce the letter..

..personally i would send for agreement and take it from there

 

[harrassed senior]

You could also add the following to the above letter:

 

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc.

[debt4get]

thanks HS but that line is already in letter in 3rd paragraph..had already added it to my supply of templates..after you mentioned it in another posting..

[The Phantom]

I applied for the card on the internet at the time so don't have any paperwork here myself. They just sent me the card at the time as far as I remember.

 

No, I haven't CCA'd them yet, as the application is post 2000 I thought they would most likely have an enforceable agreement as I was under the impression it is mainly the pre-2000 ones that are sometimes either gone or iffy.

As I have already made payments since 2006 , is that not an acknowledgement of the debt anyway ?

 

I find it strange that they just up the payment from our agreed £26.- to £144.- without any communication and then say I failed to make a minimum payment and up it to over £2000.- the next month. All without any letters or communication. That is just what is printed on my monthly statements.

They should realize themselves that this is ridiculous. £2000.- is double my monthly salary.

 

So you suggest I CCA them anyway and see what they have in hand ?

[harrassed senior]

oops teach me to read though d4g

 

Phantom, no it applies up to 2005/6, the older the alleged debt the more likely it is that they will not have the correct paperwork.

[debt4get]

well worth asking for the agreement..at least if they dont have it or it may be unenforceable..puts you in a much stronger negotiating position

[The Phantom]

OK - thanks.

Will do that and see what they have on file.

[The Phantom]

I have got an old credit card debt with MINT cards,

 

 

I have been paying them off at £27.- per month for years and have got around £3000.- left to pay.

 

They have now given this debt to Wescot to manage (sometime last year).

 

I haven't received any statements since then, but continue to make my monthly payments to MINT.

 

Aren't they obliged to send statements

[renegadeimp]

To manage, or did they sell it?

 

You should get a statement at least once a year.

 

have you ever CCA'd mint?

 

because paying them 27 a month for years, and they havent done anything.... its pretty strange. Normally theyd have either sold it on, or taken you to court themselves.

[dx100uk]

I would suspect interest is frozen so theres no need for statement

 

 

you can safely ignore wetcloths

they don't buy debts

so I would suspect if you read their letter its says 'our client' and that will be RBS.

 

 

dx

[dx100uk]

old and new threads merged

 

 

dx

[The Phantom]

Thanks for merging threads.

Interest is frozen and RBS / Mint agreed quite a while ago to accept £27.- per month until the balance is paid off.

I received monthly statements but they have now stopped. Haven't had one since last August.

 

Wescot just said they are managing the debt, I don't think they actually bought it.

 

Their letter gave me new account details to make payment to, or alternatively if I had a standing order to MINT I could just continue to pay like that and Mint / RBS would ensure the money is allocated correctly.

 

So if they send me a statement once a year that will be fine ?

[dx100uk]

as I said read the wetcloths letter

it will say our client..who is?

 

 

wetcloths don't buy debts.

 

 

yes you are correct the owner of the debt should sent an annual statement.

[The Phantom]

The letter says ' your royal bank of scotland account is now being managed directly by Wescot'

It says they have taken over the management. So no, they haven't bought it.

RBS (MINT) used to send me a monthly statement but stopped sometime in August last year.

So I'll probably get an annual one now.

[The Phantom]

I have got an old Mint Credit card debt (RBS) for which I have got an instalment plan in place.

 

I am paying £27 per month , MINT at the time agreed I could pay this until the balance has been repaid.

 

I have stuck to this religiously for years but still have got around £2500 left to pay.

 

Never had any problems, but Mint / RBS sold this to Wescot and they are now harrassing me and saying they would like me to make a settlement offer or otherwise an account review has to take place.

 

I told them I have an instalment plan in place which is in place until the balance has been fully repaid and sent them the letter from MINT confirming this.

They have totally ignored it and keep on sending me income & expenditure letters and chasers.

 

I told them again to stop this as an account review is not required as I will be paying £27 per month until its repaid, but they don't seem to be interested.

 

Is there anything else I can do or should I just start to ignore them ?

[fkofilee]

Wescot dont do court... Send a CCA Request to them

[dx100uk]

wetcloth don't buy debts

not sure how many times you must have been told or seen this in 12yrs?

 

are wetcloths stated client the OC still?

 

old and new threads merged for history

[The Phantom]

They sent me a letter saying RBS doesn't legally own this debt anymore and I now must pay them (Wescot) direct and come to an agreement with them. (?)

They gave me new bank account details to make payment to (I always paid Mint / RBS direct previously)

 

This is part of their drive to get me to make a settlement offer and conduct a review of the account.

 

So they make it sound as if they bought the debt.

But there is also Cabot involved.

 

Their letter states their own reference, than a client reference (which is my old credit card number) and then it says Client is Cabot Financial owned Royal Bank of Scotland.

 

So I am not sure who owns it now after all.

 

So if Wescot is the DC, maybe Cabot bought it from RBS.

Anyway, they say RBS is no longer the legal owner....

 

So currently I am writing letters with Wescot, but they don't seem to understand that there is an instalment agreement in place with the original lender.

[dx100uk]

stop payment

whomever owns it will soon scream.

 

then it says Client is Cabot Financial owned Royal Bank of Scotland.

 

the above does make sense.

[ericsbrother]

stop writing to Wetcloths, they dont own the debt and cant do anything. It is not that they dont understand, they see your responding as being a sign that you may submit to pressure and start paying them something. Ignore them.