Jump to content


  • Tweets

  • Posts

    • Sorry    Here it is one file small enough to fit within the limit. BoS CCA.pdf
    • Hi Bank Fodder  Thankyou for taking the time to reply in such detail  We always go above and beyond for all our customers and this is the first customer in over 2000 cars  that we have been unfortunately unable to keep happy  If you dont mind i would just like to clarify a few points  1: Section 75 covers you for the entire purchase amount even if you only pay a £10 deposit with the card We actively encourage every customer to use a card for there deposit for just this reason  2: We put a six month fully comprehensive warranty on nearly every car we sell which you can use at any vat registered garage so nobody needs to bring a car back 150 miles  3: The initial £150 was more than fair, we pay £180 inc vat to have a bonnet painted please feel free to contact our bodyshop GT autobody and paint solutions 07792728174 should we be required to go to small claims i can provide bank statements and invoices going back 5 years to collaborate this if necessary  4: If the car did need to come back here for any reason we have a fully insured loan car which is completely free of charge and even comes with fuel 5: When claire sent the photos we counted 14 stone chips in total she has zoomed in so they look huge when in fact they are minor and as she has admitted on here (difficult to spot in sunlight)  6: We are not in fact in breach of consumer law, in fact we are far from it, Consumer law allows for the car to be in a fair condition allowing for wear and tear relating to age and mileage, we didnt hide the stone chips we openly pointed them out so how can we be in breach?  7: Claire asked for £150 i gave her £150 8: Claire asked for a bigger contribution i offered a bigger contribution.  9: Claire changed her mind again and decided she wanted a brand new bonnet payed for exclusively by me at 3 times the price it would normally cost me without making a contribution herself, add to this the fact that her first email was blackmail at best and i kept my kool and replied respectfully as we have throughout  Im sorry but thats were we draw the line  9: I didnt post every email as there are over 30 of them 😳 10: For completeness when we spoke to the AA mediation service and asked them what they would like us to do they informed us we were under no legal obligation to do anything, there opinion was that we had already gone above and beyond what was necessary under consumer rights.  Personally at this stage we just want to refund her in full and have our car back  Sincerely  Mark  Gem Cars Ltd 
    • Hi dx #4 amended I will get this sent tomorrow if it’s ok?   any advice will be welcome 🙏    In The county court AT XXXXX CLAIM NO: BETWEEN: XXXXXXXXXXXXXXXX Claimant - -and- XXXXXXXXXXXXXXXXX Defendant  WITNESS STATEMANT OF XXXXXXXXXX    I.XXXXXXXXX the defendant in this claim make the following statement believing it to be true will state as follows:-   1.It is admitted the defendant entering into a short term Pay Day Loan agreement for the sum of £400.00 plus 4 months interest totalling £600.48 from Moneyboat.co.uk.   2.It is denied that I defaulted on an “agreement”, as the Defendant has made a first payment of £150.13  towards the amount agreed to be repaid which was not been deducted or taken into consideration and the claimant continued to demand the full total amount from the agreement stated in #1. The claimant rejected email correspondence of a formal request for assistance during the ongoing Covid pandemic pursuant to the UK Government Legislation at which time I was placed on Furlough by my Employer and worried that it would be difficult to make a payment due to my financial situation.The claimant offered a confusing payment alternative that did not reflect the true status of my loan. exhibit 1    3. It is denied I failed to abide by the Terms and Conditions of the agreement as at no point did the claimant contact myself to offer assistance to make alternative payments to which I could repay.   4. It is admitted that the claimant was issued a CCA request asking to supply me with a true copy of the alleged agreement they referred to. This is my right under their obligation to supply a copy of the agreement under the legislation contained within Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) in on the 25/11/2020   Namely to show how I entered into an agreement Show how the claimant quantified the amount claimed   a £1 postal order also attached to the CCA request to which the claimant informed me by email that the £1 postal order was then used as payment towards the loan amount. Exhibit 2   5.The Claimant has not served a Default Notice pursuant to sec87 of the CCA1974.   Need for default notice.   (1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,— (a) to terminate the agreement, or (b) to demand earlier payment of any sum   6. As per Civil Procedure Rule 16.5(4), the Claimant has failed to prove the allegation that the full correct amount of money is owed.   7. My defence stated that the claimant failed to serve notice and it is denied that the Claimant is entitled to the relief claimed or any relief entitled.   I believe that the facts stated in this Witness Statement are true.   Signed ……………….   Dated on the day ……………….     Thanks G
    • Thanks for your explanation. That makes much more sense now.    I've been doing exactly what you were saying since I realised a dispute was likely to occur. I've always been civil and impeccable in my behaviour and approach.   The company has destroyed their reputation and image through their conduct with me which has put me in a good position thus far.   I was just concerned that you didn't understand the full picture and were telling me to keep giving them more attempts because you were trying to help me solve this dispute.   I'll send that email to them tonight and update you with their response.   I've realised a long time back that small claim court is won by not just those who are in the right, but those who are reasonable, fair and calculated in their approach.   Thanks
    • Well if you are still minded to hang onto it then I would put it in for a full proper check and a new MOT. But I would get it done quickly    
  • Recommended Topics

  • Our picks

  • Recommended Topics

old RBS MINT CC debt, now with Wescot


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1183 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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 ?

Link to post
Share on other sites

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

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

Link to post
Share on other sites

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

 

Link to post
Share on other sites

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.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

Link to post
Share on other sites

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 ?

Link to post
Share on other sites

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.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

Link to post
Share on other sites

  • 6 years later...

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

Link to post
Share on other sites

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.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

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

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

old and new threads merged

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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 ?

Link to post
Share on other sites

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.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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.

Link to post
Share on other sites

  • 1 year later...

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 ?

Link to post
Share on other sites

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

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...