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    • I deal some time with cash some time with card but i keep all recipts i put my money on  20 october  
    • Thank you for that. Could you answer questions 3. and 4. as well please?   HB
    • Hello, I am just enquiring about an old (1994) Mint (RBS) credit card debt £12,000. I went into default due to health issues Oct 2011. Have been paying a token amount of £5 p.m. since then. As far as I am aware they have not sold this debt on. In 2014 they started asking for full payment and I went through the Financial Ombudsman Service (FoS) as they had not been responding to my requests for the agreement etc re 1974 Consumer Act. Instead they returned the P.O. for £1 back to me each time with no explanation as to why. The FoS at first thought I was trying to get them to adjudicate on the legal enforceability of what they had sent to me (blank generic application forms + random T&Cs). I asked the FoS to intercede on my behalf to get a reason for lack of response. Oli, from the FoS asked me what I wanted him to ask them 1. Do they have the originalagreement to hand and if not when could they realistically hope to produce it? 2. If they cannot find the original could they supply me with a truthful and honest reconstituted agreement that has the following items to comply with Sec 77/78/79 request under CCA 1974.   Eventually, after a few weeks and cajoling from the  FoS, they sent a letter to me stating ' that the Original Agreement was not kept and it would not be possible to reconstitute a copy to satisfy my CCA request and as such the debt was no longer legally enforceable but I still owed them the money, blah, blah.'   Mint sent me a statement every month until August 2016 and I have heard nothing from them since then. No letters, correspondence or statements. No one chasing me. So, have they forgotten about it or given up as it is not legally enforceable? Under the CCA 1974 they must send a statement of arrears, but nothing for the last 5 years. I know I could stop paying the £5 p.m. but I don't want to open a can of worms so to speak. If it is lost in the system somewhere, if I stop paying that might flag it up and start things up again. I have 2 other credit card debt, both from mid 1990's were sold to Cabot. They started their threatograms, but after my success with the FoS with Mint, I did they same thing with Halifax and Nat West. The letters I got from both of them through the FoS  were similar to Mint. They stated " that the originals had been misfiled and they could not provide me with a reconstituted agreement. Therefore whilst this remains the case the debt is unenforceable, but you still owe the money etc, etc." I suppose because they had already sold these debts they both had to frame their reply as though this could be rectified at anytime. The chap (Oli) at the FoS dealing with my case said he had worked in a bank for 12 years and they all threw the agreements into a box which was picked up by a company for storage. There was no proper filing system! He doubts that they could ever find the original agreements and being pre 2007 they would be unenforceable in court. I do get regular correspondence from Cabot as in a statement of account. Very occasionally, I get one saying that I am still paying the original creditor ( I am) and I should contact them to arrange affordable repayments. Years ago a sent off a copy of the banks letters to Cabot and I just ignore their offer to renegotiate the terms since then. So, would it be best to carry on the £15 p.m. If I stopped paying what would be the likely outcome? What should I do? Thanks for any help. sidley PS - I am retired now and the £15 p.m. just to keep them at arms length is worth it for me and my wife.
    • You haven't told us the name of this company – why not? Are you trying to protect them?
    • So it was going to be 4 hours of lorry driving training each day, with the 5th day being the test day.   He's saying that he's not refunding the fees because he couldn't find an other paying customer for those 5 days but then yesterday he's sent me a video (of a student doing his practical driving training) by mistake, then deleted the message. If I can prove that he's got another student in the same time as I was supposed to have my training, can I then take it further? Thank you.
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Abbey Coughed Up ** WON **


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Hiya abbey hater2

I'm not too sure about the default stuff my credit cards are the next on my list to get the I want my money back treatment I'm still totally gobsmacked that abbey paid up without too much of a fight.

Being refused credit began to became a way of life for me so I've decided from now on only get what I save for and hopefully all things being equal will be debt free in 2011.

Good luck with your fight.

Sorry I'm no help.:?

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Well done Night Nurse, I bet you won't have any problems sleeping now

Nat West Settled 2 acct's before action:

 

£2194.77 settled £1904.00 08/01/2007 less interest

£650.93 Settled overpaid GOGW £850.00 02/01/2007

 

Applied Abbey statements -40 day up 24/04/06(arrived 30/06/06)

Prem 04/01/2007 - reply rcvd 22nd Jan advising not paying

LBA 22/01/07

 

14/02/07 N1 filed @ local court

21/02/07 issued claim

23/02/07 deemed served

25/02/07 Abbey acknowledgement defend in full.

19/03/07 defence + 50% GOGW

13/04/07 AQ final day for submission

30/04/07 DEFENCE STRUCK OUT "ABUSE OF PROCESS"

01/05/07 Judgement order

8/05/07 Warrant of Execution requested

 

 

Media coverage :D

 

http://news.bbc.co.uk/1/hi/business/6701231.stm

 

http://www.newburytoday.co.uk/News/Article.aspx?articleID=4505

 

 

If you find my post helpfull then please click my scales:)

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really loved reading you thread night nurse and youve really encoraged me to carry on and waiting for there defence and youve really geared me up thanks and enjoy your money love xxkia

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Well done.

Enjoy your money.

You do a fantastic job and the nation is proud of you and your fellows!

Woolwich N1 issued 15.01.07 £11k

Acknowledged 01.02.07

Defence Filed 15.02.07

AQ Filed 21.02.07

AQ Deadline 05.03.07

Woolwich AQ late, given till 16.03.07

29.03.07, Judgement rec, woolwich to pay up by 10.04.07

Money received 16.04.07

 

Nationwide MCOL issued 22.01.07 £1k

Settled in full 05.02.07:D

Account being closed

Appeared on Watchdog 20.02.07

 

Abbey Issue MCOL £5k 24.01.07

Defence Filed 21.02.07

29.03.07, AQ hearing set for 20.04.07 with other like cases.

11.04.07, Full settlement letter received for £5,769.12

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Just tried to post a reply but i've lost it in cyberspace my excuse just finished work.

Thank you all for your support.....take care everyone.......remember you can do it too.

The credit and storecards are next it's gonna be quiet in our house without all the nasty creditor calls, might actually get a whole days sleep.

THANK YOU ALL

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Greatest news....... enjoy the spondoolies. Youve earned them. Fendy xx

NATWEST BANK CLAIM - £16,100.00 WON

ABBEY BANK - £5500.00 WON

CAPITAL ONE VISA - £1800.00 WON

HUBBYS CAPITAL ONE VISA £2012.00 WON

TOTAL WON TO DATE: £25,400

*************************************************:D :D

NATWEST BANK -CLAIM 2 PRE 6 YEARS- ONGOING

ABBEY BANK -CLAIM 2 PRE 6 YEARS - ONGOING

YORKSHIRE BANK - AT SAR STATUS

HALIFAX CREDIT CARD - AT SAR STATUS

PLENTY MORE TO START LATER.

STRENGTH IS SOMETHING YOU CHOOSE IN LIFE, ITS A CONSCIOUS CHOICE YOU MAKE, YOU ARE NOT BORN WITH IT. YOU LEARN IT.:D :D

 

STRENGTH, YOURE NOT BORN WITH IT, YOU LEARN IT :confused:DUE TO WHAT LIFE DOES TO YOU. :)

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Wow what a quick turn around...I hope my second claim goes as quick.

Abbey £4340.59 *WON* Jan 07

 

Abbey II MCOL 31/03/07 £8800.00

 

Please note..I AM NOT AN EXPERT ANYTHING WHAT I POST IS PURELY MY OPINION AND MAY BE WRONG IT IS JUST BASED ON MY UNDERSTANDING OR EXPERIENCE

 

Read my latest claim its a fast track potentially

http://www.consumeractiongroup.co.uk/forum/abbey-bank/61406-noobrider-abbey-take-2-a.html?highlight=noobrider

 

read my first claim which includes attending a directions hearing in court

http://www.consumeractiongroup.co.uk/forum/abbey-bank/10576-noobrider-abbey.html?highlight=noobrider

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  • 5 months later...

Thread moved to success forum.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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