Hubby v Old RBS Advanta, now MINT

[jaxads]

Hubby had an old RBS Advanta Card, which is being paid off at a set amount each month. The balance is minimal, just about £300, so I thought I'd send off a CCA to see if they still had the details. I was opened in Feb 1999. I sent the letter on 11 April by recorded delivery and it was showing as delivered on 18 April.

 

This is the response from Mint, dated 27 April, I've typed it exactly as it was written, so any wrong word endings/tenses are as per their letter:

 

 

Thank you for your letter dated 11 April 2007, which was received in this office on 27 April 2007.

 

Your request for documents contains some misconceptions about your entitlement to information in a specified form and our obligations to supply that information. So that there are no misunderstanding here we will set the record straight on the format of the inforamtion was are obliged to provide you.

 

Your written request for information made was under s78(1) of the Consumer Credit Act must be accompanied by payment of a fee of £1. We are obliged to provide you with a "true" copy of the credit agreement and a statement of financial information relating to the account, namely, the state of the account, amount currently due, with amounts and due dates of future payments that still require to be made. In terms of CCA copy document regulations, the "true" copy requirement can be satisfied by providing a copy agreement at the date the card agreement was made and providing that pus a copy of the current terms of the card agreement. We are not insisting on payment of the £1 (my £1 payment was returned with this letter) and enclose the s78(1) information.

 

Our records show that there is still a balance outstanding on the above account. As you are aware, your account is currently being managed by Mint credit cards. Therefore, you should contact them directly to obtained details of your requirement payments to settle your account. They can be contacted on 0845 300 5109.

 

I trust this above clarifies matters for you. Should you have any further queries, please contact me on ........................

 

What they sent was a copy of the application form. It was obviously from a mail-shot as his name and address details were pre-printed on the form, he then had to choose the card design and fill in other details.

 

The signature box at the bottom, states that "This is a Credit Agreement regulatedby the Consumer Credit Act 1974. Sign it only if you want to be legally bound by its terms".

 

It has a date stamp from RBS of 11 Feb 1999 together with a scrawled signature, although this is unreadable.

 

Also is a computer generated copy of "Credit Card Agreement regulated by the Consumer Credit Act 1974". It has husband's name and address on the top, together with account number and credit limit. It also states on the top IMPORTANT: THE INFORMATION CONTAINED IN THIS COPY OF YOUR AGREEMENT IS CORRECT AS AT YOUR LAST STATEMENT DATE.

 

Just thought I'd let you know what I got back from RBS / Mint.

 

Any comments anyone ????????

[HydraUK]

I'm sure they have to provide you with a 'true SIGNED copy' of the actual contract YOU signed, not just some random copy with T&C attached.

 

I would post in the general debt forum for more detailed info on this, but this thread might be of use if you havent alrteady seen it http://www.consumeractiongroup.co.uk/forum/general-debt/83035-guidelines-requests-original-agreement.html. Plus I was reading this thread yesterday and it also seems quite useful http://www.consumeractiongroup.co.uk/forum/general-debt/84285-ccas-dave-against-world.html.

 

Please don't forget to click my scales if this has helped.

 

Phil

[jaxads]

That's what I thought too Hydra!!

 

I still cannot work out what is where in your photo under your name???

I'd best not try to do it though --- would do myself an injury:D

[HydraUK]

Get into Management....it's a common position.

[jaxads]

Update, as they provided an application form, with the Credit Agreement / CCA bumpf on the bottom, I've decided to send and SAR to Mint, for both accounts, to see if there are any charges to be refunded (I'm sure there will be )

 

They'll all be well over the 6 years, but (if I get any statements back), I could always go down the concealment route!!!

 

SAR in the post today -- tickety tock, tickety tock!!!!!

[jaxads]

I received a reponse to my SAR in the post this morning. It's a two liner, please find enclosed a breakdown of the charges applied to your account(s) as requested. I trust this is of assistance to you.

 

Then, one sheet of A4 for each account, showing fees from Jan 01 to present. There aren't any fees , but surely they need to provide a bit more info than that for a full SAR.

 

I did ask in the SAR -- "a complete list of transactions and charges relating to my banking history with your organisation, from the opening of the accounts to the present day".

 

It just seems not good value for money what they've sent:rolleyes: !!!! Do they do that to everyone??

 

There is a fax number on the letterhead, so I may write to them, stating this information is not sufficient and to forward to me all information held.

 

Any ideas anyone???

[jaxads]

Update, I've now received a complete response to the SAR. No charges to be reclaimed on this one

 

However, what they did send was a copy of a letter from payplan containing not only my name, address and payment details to them, but also that of 15 other people!!!

 

Now how's that for a breach of data protection!!

 

I'm going to write a strongly worded letter to them. If they've sent that to me, how many other people's details have they got floating around all over the country???

 

Any comments or thoughts anyone??

[jaxads]

Have faxed off a letter to MINT stating how they've seriously breached data protection and requesting a response before I decide how to proceed with this breach!

 

If I have this information, I wonder how many people may have my information!!!

 

When you call you have to go around the houses and answer all sorts of security questions just to find out your own information!! They've just given 15 lots of info away to me!!!!

 

Their response should be interesting!!

[jaxads]

Have received a letter back from MINT .... very sorry, info shouldn't have been sent ..... blah blah .... gesture of goodwill £30 credit to account ....