Ropey vs Mint **WON WITH CONTRACTUAL INTEREST**

[Ropey]

Hi all, I've mostly been living in the Barclay's section but, I got a charge off Mint for a one day late payment which they (very snootily) refused to refund. I explained how much economic sense it would make for them to refund this one charge and save themselves the cost of a full claim but some people can't listen to good advice.

 

SAR went away to them a week or so back to RBOS t/a Mint, are they particularly slow in sending information out?

[Ropey]

Recieved an acknowledgement letter this morning from R Hodgkins at RBS stating that the cheque was received and they will comply within 40 days. Just a matter of waiting now.

[Ropey]

Copy statements arrived this morning, a quick run through shows they owe me £188. If only they'd paid the £12 back when I asked.

[Ropey]

Interest added at 18% brings it up to £290 ish

[millymollymoo]

Hi Ropey:)

 

Good luck. I am about to send my S.A.R. Which address did you use?

 

Milly X:)

[Ropey]

Hi Milly, best of luck, we do need a few more Mint threads round here, give me a link to yours when you get set up.

 

The address I used was the RBS head office in Edinburgh for the SAR but I've now changed to their Southend one:

 

Mint

Cards Customer Services

PO Box 6050

Southend on Sea

SS99 1WL

 

My statements arrived in a little over two weeks.

 

Best of luck.

[millymollymoo]

Thank you ropey. I will post my link once I set one up:)

 

Milly X:)

[Ropey]

Received a 'sorry to hear...' letter a few weeks ago followed by a letter this morning from Faye Yates.

 

It seems to be a fairly standard sort of thing.

 

"We changed our fees in line with OFT recommendations (how they still think they can get away with this one?) to £12 therefore, we have put a credit on your account of the difference this being £68"

 

The bit that threw me slightly is related to interest. The letter states that my calculation was incorrect at £91.23 and the correct figure is...72p Wow, I'm sure that If I'd bought something for £68 several years ago that I'd have paid more than 72p in interest.

 

Should I bother telling them to take the credit off the account? And, what form of letter should I go for to reject?

 

I'm assuming that a simple rejection of offer and LBA will suffice.

 

Any advice gratefully accepted.

[Ropey]

Just had a brief phone conversation with a chap at Mint saying I don't want any refunds to be paid to my account, I want them paid to me by cheque. He said this wasn't possible and that he'd have to take it up with the previous advisor (Faye Yates).

 

Again, any advice on this issue of enforced refunds is most welcome.

 

I presume that I should just take out £68 worth of charges and interest from the claim but I'm not sure.

[chaddyowl]

i have also spoken to mint today and they have credited my mint account with £96 goodwill blah blah.

 

This is from a claim for £396. will not accept £96 in full but as part payment. LBA sent on 30th Jan so counting down to MCOL.

 

In answer to your question Ropey, if you have outstanding balance then they will attempt recovery of that through their payment to you i think. dont quote me though i am a novice. LOL

[Ropey]

Thanks Chaddy (Chadderton? I'm originally from Stalybridge )

 

I'll get a thanks but no thanks LBA sent off tomorrow.

[millymollymoo]

Ropey,

 

Read this about rejecting offers and accepting it in part payment.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

looking at your post though I may of been too late. Im sure you have done ok;)

 

Milly X

[Ropey]

I had a little bit of delay to this but the LBA went off this week. I kept the charges as per the original schedule but deducted the £68.00 from the total. seems fair.

[Ropey]

I'm offshore at the moment but I've received a letter, at home. It seems the sneaky folk at Mint have credited my account with all the charges (except the most recent one for £12 which sparked my decision to chase them) but have left off the interest.

 

I'm a little concerned now that this will make things tricky if I try to pursue things to the court stage. It seems that I will be pursuing them for interest alone. The fact that they've not paid the most recent £12 charge may be my saving grace as I can pursue that (despite their erroneous statement that it 'falls in line with the recent OFT ruling' )

 

Does anyone have any input on this?

[millymollymoo]

Oh heck this is being discussed here on CAG at the moment. I cannot give you the advice you need at the moment as it may be deemed incorrect. I will say this is what the banks/CCards are up to cos they want you to go in on Contractual alone, which is not proven as being awarded aby the courts.

 

Give me a mo and I will see if I can get someone to answer with constructive advice.

 

Remember Please whatever avice you get you have to make your own decisions.

 

Milly X

[natwesttookmymoney]

Hi, Ropey

 

Yes, I do. I suggested a wording to someone else in a similar situation. I'll have to take a while to find it, though - post again on this thread, and mention my name, if you haven't heard from me within 24 hours.

 

Westy

[Ropey]

Thanks a bunch guys, it is a particularly sneaky tactic but they've at least left a toehold by refusing to refund the latest £12 charge.

 

I wait with bated breath

[millymollymoo]

ropey, westy is a treasure and has fantastic advice.

 

Milly XX

[Ropey]

Hi, Ropey

 

Yes, I do. I suggested a wording to someone else in a similar situation. I'll have to take a while to find it, though - post again on this thread, and mention my name, if you haven't heard from me within 24 hours.

 

Westy

 

Hi Westy, just checking to see if you turned up trumps

[natwesttookmymoney]

FOUND IT! It was in the SonofSteven thread. Adapt as appropriate:

 

Here goes:

 

Brief particulars of claim:

 

Repayment of interest on amounts charged by the defendant and debited to an account with the claimant for purported breaches of a contract to supply credit services. The claimant avers that these charges and the interest thereon were levied against him in contravention of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

The Claimant claims:

a) the return of the interest of £xxxx charged on amounts debited in respect of charges in the sum of £xxxx

b) Court costs

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges from (whenever) to (whenever) of £xxxx and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.022%.

 

 

Full particulars:

 

IN THE TOYTOWN COUNTY COURT

 

BETWEEN

 

SoS4064 CLAIMANT

 

And

 

(Credit Card Co) DEFENDANT

 

 

PARTICULARS OF CLAIM

 

1. The Claimant had an account number xxxxxxxx, ("the Account") with the Defendant which was opened on or around [whenever].

 

2. During the period in which the Account has been operating the Defendant has automatically debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges (“the Schedule”) applied is attached to these Particulars of Claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account were punitive in nature; were not genuine pre-estimates of costs incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of

i) the Unfair Terms In Consumer Contracts Regulations 1999 particularly but not limited to Regulations 5, 6 and 8 and Schedule 2, 1 e); and

ii); the Unfair Contract Terms Act 1977, particularly but not limited to sections 3 and 11 and Schedule 2 and

iii) the common law relating to liquidated damages and penalties in contracts.

 

5. To the extent that it is found that the Defendant’s charges are for the provision of credit services the Claimant contends that the price thereof is unreasonable pursuant to section 15 of the Supply of Goods and Services Act 1982.

 

6. The defendant had, in addition, levied interest on these charges at the rate of XX.XX%.

 

7. The defendant has repaid the charges themselves to the Claimant but has retained the interest it levied thereon.

 

8. The Claimant avers that, by this action, the Defendant has sought to enrich itself by the consequences of unlawful action, specifically, unlawful penalty charges as detailed above and applied in terrorem.

9. Accordingly the Claimant claims:

 

a) the return of the interest of £xxxxx (amount in words) debited to the Claimant’s account in respect of interest on charges detailed in the attached schedule, in the sum of £xxx (amount in words);

 

b) Court costs;

 

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

 

I believe that the contents of these particulars of claim are true

 

Hope that helps

 

Westy

[Ropey]

You rule Westy, thanks very much.

[millymollymoo]

Just to let you know how stupid Mint are ropey, my S.A.R turned up envelope big enough to fit a house in all ripped open and with vital info exposed I.E Card no, expiry date, date of birth , Me and O/H's joint account, sort code. phone number. and the BLINKIN PASSWORD to my account along with other stuff. I immediately rang them to say my information had been possibly compromised and to block the card and he says 'write in' well I never. Anyway I finally got him to see sense and they have stopped the card and will reissue new ones with a new account number. I also had to inform my Identity fraud service I belong to with Nat West and which is part of RBofS anyway.

 

Goodness me:rolleyes:

 

 

Milly XXX

[Ropey]

Astonishing yet hardly surprising. I think I'll be clearing the Mint card and forgetting it exists.

[millymollymoo]

Ooh I won't be that lucky unfortunately:( I heard they were retaliating somewhere. Have you heard anything about forcing accounts to be repaid?

 

Milly XXX

[Ropey]

I've not heard anything about that.

 

I did however, receive an unexpected letter this morning advising me that a further credit has been applied to my account. They've basically coughed the lot

 

Rather happy with that.

 

Keep me posted on your case Milly.