MINT / Triton / Green & Co solicitors vs me

[Cristal]

Just a quick note for your records if Green & Co get involved just send them a copy of the Information Commissioners Office register of Data Controllers, they are not registered and should not be passed any information about you by anyone and hold it if they do they commit an offfence under the Data Protection Act.

 

sparkie1723

 

Sparkie, Information is power!! thanks for this - interesting how Green & Co disappeared after one stiff letter from me. MINT is digging its heels in but watch this space - have sent them and Triton a killer letter today! Again, thanks and hope everything you are working on is ok.....CX

[Cristal]

Short answer is a number of them argue this, that is why you need to add #30 because failure to supply this leads you to believe it does not exist.

The real argument here is that anybody could send you anything and say THAT is what you signed upto. The natural response is - prove it, if you have it.

 

As ever, Z., thanks for the advice - I incorporated it into the letter and CC'd Triton. Let's see......by the way, did you get my frantic PMs re Amex today? had a bailiff visit today......yech! how are your accounts doing? Cx

[Sparkie1723]

Check out section 63(4) of the Consumer Credit Act

In the cases of a credit-token agreement ( that's what a credit card is) a copy of the executed agreement (signed by both parties) must be given either within 7 days of signing OR when the credit token (card) is given to the debtor. if they wont supply you with a copy and try to hide behind another section or regulation it means they haven't got one .

I'm sure a court would say that its no big deal to supply a copy if they've gor one whats the problem??

 

The problem is, as I said they haven't got one.

sparkie1723

[NitrousOxide]

Hi,

This is straight from the OFT:

If the trader has no original copy, the trader will have difficulty showing that he has complied with the regulation by supplying a ‘true copy’, since nobody would know what was in the original. When the trader comes to enforce the debt in court, he needs to have a signed copy of the agreement in order to enforce. As the law stands currently he cannot otherwise.

[Cristal]

Sparkie and Nitrous, many thanks for your input. It's outrageous how these huge banks bend the rules. Or do I mean break the rules?

[Cristal]

Check out section 63(4) of the Consumer Credit Act

In the cases of a credit-token agreement ( that's what a credit card is) a copy of the executed agreement (signed by both parties) must be given either within 7 days of signing OR when the credit token (card) is given to the debtor. if they wont supply you with a copy and try to hide behind another section or regulation it means they haven't got one .

I'm sure a court would say that its no big deal to supply a copy if they've gor one whats the problem??

 

The problem is, as I said they haven't got one.

sparkie1723

 

and

Hi,

This is straight from the OFT:

 

Quote:

If the trader has no original copy, the trader will have difficulty showing that he has complied with the regulation by supplying a ‘true copy’, since nobody would know what was in the original. When the trader comes to enforce the debt in court, he needs to have a signed copy of the agreement in order to enforce. As the law stands currently he cannot otherwise.

 

*

Hiya...the letters continue to fly between myself and Mint. They are intractable and insist that they have supplied me with a copy of the executed agreement (they've sent me an appliction form/agreement lacking APR, interest or credit limit and an unsigned and undated CC Agreement with all the required info). Their last letter advises me 'If you are not satisfied with this final response, you may seek whatever legal redress you consider is open to you or you may refer your complaint to the FOS within 6 months of this letter......Your indebtedness on this account remains due and payable ann we will be pursuing for the full repayment.'

 

I suppose I could call their bluff and let them begin proceedings. Or, if soilcitors get involved, I could send a variation on the letter the PriorityOne has sent me, which I will take off my other thread and post in a minute.

 

Any advice would be appreciated! Many thanks

 

Dear Sir/Madam,

 

Your Ref :

Your Client :

 

I refer to your letter of xx/xx/2007.

 

Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding my legal request for a Consumer Credit Agreement (Consumer Credsit Act, 1974); received by xxxxxxxxxx on xx/xx/2007, followed by a letter dated xx/xx/2007 and xx/xx/2007 to remind them that the above account was in dispute. I can only assume therefore that they failed to inform you.

 

Should your client now persist with threats of legal action, I will welcome the opportunity for a judge to look at several offences committed by xxxxxxx under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.

 

Yours faithfully,

 

 

 

Make sure that everything is sent by recorded delivery.... and send a copy (cc) to GE Money as well.

__________________

Remember the mantra :

NEVER communicate by 'phone

 

On my other thread (CCJ From GE Money must respond by May 26th) ever sage Laiste offers a different strategy, which is definitely worth checking out.

[zubo]

and

Hi,

This is straight from the OFT:

 

Quote:

If the trader has no original copy, the trader will have difficulty showing that he has complied with the regulation by supplying a ‘true copy’, since nobody would know what was in the original. When the trader comes to enforce the debt in court, he needs to have a signed copy of the agreement in order to enforce. As the law stands currently he cannot otherwise.

 

*

Hiya...the letters continue to fly between myself and Mint. They are intractable and insist that they have supplied me with a copy of the executed agreement (they've sent me an appliction form/agreement lacking APR, interest or credit limit and an unsigned and undated CC Agreement with all the required info). Their last letter advises me 'If you are not satisfied with this final response, you may seek whatever legal redress you consider is open to you or you may refer your complaint to the FOS within 6 months of this letter......Your indebtedness on this account remains due and payable ann we will be pursuing for the full repayment.'

 

I suppose I could call their bluff and let them begin proceedings. Or, if soilcitors get involved, I could send a variation on the letter the PriorityOne has sent me, which I will take off my other thread and post in a minute.

 

Any advice would be appreciated! Many thanks

 

Cristal,

 

I don't think I replied to your last pm on another matter...

still for this I would be reasonable and do as they suggest - copy them in and send a complaint outlining all the facts to FOS - anyone with an address? You have asked them for a signed executed agreement which will be required in court.

 

They havent supplied it because

(a) they don't have one

(b) they have one but have no means of locating it

© they cannot be bothered searching when its easier to send you an application (presumably signed) and an unsigned agreement because that meets the CCA requirements. Possibly - but it will not meet a court's requirements when you put them to strict proof of the agreement.

 

Go girl,

 

Zx

[rory32]

© they cannot be bothered searching when its easier to send you an application (presumably signed) and an unsigned agreement because that meets the CCA requirements. Possibly - but it will not meet a court's requirements when you put them to strict proof of the agreement.

 

And if they did produce a signed copy of the agreement in court there would be the little issue of disclosure for them to explain.

[rory32]

The Financial Ombudsman Service

South Quay Plaza

183 Marsh Wall

London E14 9SR

[Cristal]

Cristal,

 

I don't think I replied to your last pm on another matter...

still for this I would be reasonable and do as they suggest - copy them in and send a complaint outlining all the facts to FOS - anyone with an address? You have asked them for a signed executed agreement which will be required in court.

 

They havent supplied it because

(a) they don't have one

(b) they have one but have no means of locating it

© they cannot be bothered searching when its easier to send you an application (presumably signed) and an unsigned agreement because that meets the CCA requirements. Possibly - but it will not meet a court's requirements when you put them to strict proof of the agreement.

 

Go girl,

 

Zx

 

As ever, thanks for the sane advice. hope all is well on Planet Zubo!

Cx

[Cristal]

The Financial Ombudsman Service

South Quay Plaza

183 Marsh Wall

London E14 9SR

 

Thank you so much for both posts!

Cx

[rory32]

Thank you so much for both posts!

Cx

My pleasure

[zubo]

As ever, thanks for the sane advice. hope all is well on Planet Zubo!

Cx

 

Planet Zubo is in turmoil, I have that many projects on the go, so my posts are suffering a tad.

 

Hopefully all will be done soon

 

Zx

[yaffsimone1]

Just a quick note for your records if Green & Co get involved just send them a copy of the Information Commissioners Office register of Data Controllers, they are not registered and should not be passed any information about you by anyone and hold it if they do they commit an offfence under the Data Protection Act.

 

sparkie1723

 

 

 

* There are no entries that match your search criteria.

 

 

 

Registration Number

 

 

Name Green & Co Solicitors

 

 

Address Alberton House St Marys Parsonage Manchester

 

 

Postcode M3 2WJ

 

 

Organisation sub-division

 

 

 

 

 

 

Just a quick one, sorry to jump in here - i have Triton chasing me for RBS credit card. RBS have failed to produce any agreement!

 

Triton are a DORMANT company.

 

Have sent them a nice letter simply saying 'go forth and multiply'

 

Status: Active

Date of Incorporation: 08/11/1996

 

Country of Origin: United Kingdom

Company Type: Private Limited Company

Nature of Business (SIC(03)):

7499 - Non-trading company

Accounting Reference Date: 31/12

Last Accounts Made Up To: 31/12/2005 (DORMANT)

Next Accounts Due: 31/10/2007

Last Return Made Up To: 01/10/2006

Next Return Due: 29/10/2007

Last Members List: 01/10/2006

[Cristal]

Just a quick one, sorry to jump in here - i have Triton chasing me for RBS credit card. RBS have failed to produce any agreement!

 

Triton are a DORMANT company.

 

Have sent them a nice letter simply saying 'go forth and multiply'

 

Status: Active

Date of Incorporation: 08/11/1996

 

Country of Origin: United Kingdom

Company Type: Private Limited Company

Nature of Business (SIC(03)):

7499 - Non-trading company

Accounting Reference Date: 31/12

Last Accounts Made Up To: 31/12/2005 (DORMANT)

Next Accounts Due: 31/10/2007

Last Return Made Up To: 01/10/2006

Next Return Due: 29/10/2007

Last Members List: 01/10/2006

 

Fascinating...and amazing how these giant companies do business!! I've been remiss on this thread...have been travelling...but hope to update it this weekend....huge thanks for the info and good luck with telling them to 'multiply' off...Cx

[andrew1]

My my, Triton are another like Cabot. Ask them if the debt has been assigned/sold and to EXACTLY which company - Ltd or non limited. I have a letter from Triton (non Ltd which says they are acting For Triton CS LTD.) The telephone number 0207 680 9301 is the inner London number ( probably Holborn) but they operate out of Basildon. When asked if the Triton Credit Services was anything to do with Triton Credit Services Ltd I was told 'No' when I phoned. Interesting. Just keep asking them questions, CCA them SAR them and sit back and wait.

[Cristal]

My my, Triton are another like Cabot. Ask them if the debt has been assigned/sold and to EXACTLY which company - Ltd or non limited. I have a letter from Triton (non Ltd which says they are acting For Triton CS LTD.) The telephone number 0207 680 9301 is the inner London number ( probably Holborn) but they operate out of Basildon. When asked if the Triton Credit Services was anything to do with Triton Credit Services Ltd I was told 'No' when I phoned. Interesting. Just keep asking them questions, CCA them S.A.R - (Subject Access Request) them and sit back and wait.

 

Sorry I haven't update this thread recently.....MINT has written to me to say that Triton is their inhouse debt collection agency. I've also rec'd endless detailed letters about why their application form is a legally executed agreement (!). Lots of legalese.

 

Anyway, depsite the fact that the account remains in dispute, MINT has passed it on to Newmans Debt Collectors. I hope you've never had the please. They are abusive, nasty, ill educated animals that are now harrassing 10 times a day at work and at home on the phone. They are vile in the extreme. Have just sent them a cease and desist letter...let's see if they pay attention.

 

My Triton phone numbers are the same as yours......they will probably pass your account onto Green & Co solicitors who backed off after one letter from me.

 

Good luck and keep me posted!!

 

Cx

[ODC]

Sorry I haven't update this thread recently.....MINT has written to me to say that Triton is their inhouse debt collection agency. I've also rec'd endless detailed letters about why their application form is a legally executed agreement (!). Lots of legalese.

 

Anyway, depsite the fact that the account remains in dispute, MINT has passed it on to Newmans Debt Collectors. I hope you've never had the please. They are abusive, nasty, ill educated animals that are now harrassing 10 times a day at work and at home on the phone. They are vile in the extreme. Have just sent them a cease and desist letter...let's see if they pay attention.

 

My Triton phone numbers are the same as yours......they will probably pass your account onto Green & Co solicitors who backed off after one letter from me.

 

Good luck and keep me posted!!

 

Cx

Write to Mint and ask them for a copy of their Complaints Procedure. They are obliged to have one. They are responsible for the monkeys they employ so let them know about Screwmans. Take a detailed note of the date and time of every call they make to you. If you do answer tell them you are recording the call. That will shut them up

[Cristal]

Write to Mint and ask them for a copy of their Complaints Procedure. They are obliged to have one. They are responsible for the monkeys they employ so let them know about Screwmans. Take a detailed note of the date and time of every call they make to you. If you do answer tell them you are recording the call. That will shut them up

 

Hi...i am just about to write to the Head of Issuing...no one at Mint was willing to give the name of the Head of Debt Collection.

 

The thugs at Newmans are even thicker than before....I do say i am recording the call and they hang on in there!!

 

Thanks for you input.....CX

[ODC]

Hi...i am just about to write to the Head of Issuing...no one at Mint was willing to give the name of the Head of Debt Collection.

 

The thugs at Newmans are even thicker than before....I do say i am recording the call and they hang on in there!!

 

Thanks for you input.....CX

 

Send it to the Data Compliance Officer. You really should start taping Newmans Calls if they are that stupid to threaten you over the phone when you have told them you are recording it. Put the sound files on here and give us all a laugh

[Cristal]

Send it to the Data Compliance Officer. You really should start taping Newmans Calls if they are that stupid to threaten you over the phone when you have told them you are recording it. Put the sound files on here and give us all a laugh

 

Good advice. the Newmans phone calls would give Tony Soprano a run for his money! CX