Wednesday vs Mint

[wednesday1867]

Hello Everybody

Just starting a thread mainly for timekeeping purposes.

I took a MInt card out 6 months before going going onto a DMP, so doubt there are many charges, but i will be putting a sar and a CCA request in the post tomorrow.

Hopefully Mint dont keep records very well and dont hold an agreement for me If not, ill be stopping payment and reclaiming any PPI, if it was on my account.

If anyone has any tips regarding MInt, i'm all ears

I'll keep this informed as i go along.

SAR & CCA Sent 25 June to:

MINT,

Customer Service Centre,

PO BOX 5747,

MINT,

Customer Service Centre,

PO BOX 5747,

Southend-on-Sea,

SS1 9AJ

Southend-on-Sea,

SS1 9AJ

[colpac]

I have just got a GOGW offer from mint for only approxiamately a third of what i am claiming, this is only after my first letter asking for a refund.

On reading other posts it seems this is a normal course of action that mint take. They basically change all your charges to £12 each and your GOGW offer is the difference.

[wednesday1867]

Just a quick one, do Mint usually do this for free? Or do they cash the cheque?

Ive had 1 £10 cashed, dont know which account its for :o

[Chris__]

Hi Wednesday

 

MINT charged me £10 for the statement copies and when I requested repayment got the same initial offer i.e. the difference between the old and new charges which is about a third of my claim. I rejected this and sent the Letter Before Action. They replied on the deadline day to say that their offer was unchanged. I am now going down the MCOL route.

Good luck!

[wednesday1867]

Cheers Chris, i sent the S.A.R - (Subject Access Request) template off this site and youll be surprised what they sent me The cheque hasnt been returned or cashed.

 

Here it is, is this what Mint usually send out?

 

http://i197.photobucket.com/albums/aa198/Wednesday1867/MintSar.jpg

 

Just £100 in charges, from their website interest rate is 14.9%

 

Ill send pre lim to same adress tomorrow for £100 plus interest @ 14.9% unless its a different adress

 

 

Thanks:)

 

 

Edit

 

Claiming £128 back, what are Mint like with the lower amounts?

[Chris__]

Looking through this site it seems that MINT's standard practice is to offer the difference between £20 charges and their new charge of £12.00 They appear to ignore lower charges (I had a couple of £10.00 charges). They do not budge if you reject their offer and also do not change their offer after a LBA. There are two of us now on this forum that have just started court claims so it will be interesting to see how they react.

[wednesday1867]

Ceratinly will be, least they get in touch.

Dependant on what they offer, if they offer just the difference ill reject it, in for a penny in for a pound

[wednesday1867]

Anyone had any luck with a CCA request, the initial 12 days is up on Friday, not cashed the £1 cheque either

[Chris__]

I haven't asked for the CCA, but you might be interested to know that having submitted my claim through MCOL I have had an acknowledgement and they say that they intend to defend the claim.

[wednesday1867]

Well i should receive an agreement tomorrow or they do into default.

 

Honestly id looking for the lack of agreement with Mint rather than chasing them for £150, if they provide the agreement, ill have the £150 , if they dont, i wont acknowledge a debt to ermm, ive forgotton

[Chris__]

Unfortunately my account with them is closed after I eventually paid off the balance so this is it as far as MINT goes (But there's always Natwest, Egg, Amex )

[wednesday1867]

Well Mint's initial 12 days are up of yesterday for the CCA

 

i do have a problem tho, i sent the sar and cca in seperate envelopes but posted at the same time, unfortunatly when i check on Royal Mails website, it says neither have been delivered yet, but obviously the sar has, cos i have my transactions, sods law states, they would have got one, but not the other

 

I best compose a letter reminding them of their responsability to my request

[wednesday1867]

Im sending this, anyone got any improvements?

 

Dear Sirs,

 

I find myself needing to write to you again in relation to the above numbered account. I initially wrote to you dated 25th June 2007

 

The contents of my original letter, were a legal request under section 78 of the Consumer Credit Act 1974 for a true copy of my executed agreement. Mint are in possession of a credit licence, so I am amazed and disappointed that I have to write to you, to remind you of your obligations under the Consumer Credit Act.

 

The Consumer Credit Act gives you a time frame of 12 working days plus 2 for postage to fulfil your obligation in supplying me with a true copy of my agreement, this timeframe has now passed. If nothing is received in this time frame this account enters default, this account entered default 13th July 2007. Please be aware if the default continues for a further 30 days, Mint will commit a criminal offence.

 

While the account is in default you are unable to enforce this alleged debt which includes but is not limited to:

 

· You may not demand any payment on this account, nor am I obliged to offer any payment to you.

 

· You may not add any further interest or charges to this account.

 

· You may not pass this account to any third party.

 

· You may not register any information in respect of this account with any of the credit reference agencies.

 

 

So I will now be ceasing payment to this account up until the time you provide me with a true copy of my agreement as requested per the Consumer Credit Act 1974, which I feel is an action I have put into by Mint and their lack lustre attitude to responding to customer complaints or legal requests under the Consumer Credit Act.

 

If and when you supply an agreement that conforms to the Consumer Credit Act 1974, I will of course recommence payments to Mint

.

I look forward to receiving a copy of my agreement by return or confirmation of its non existence.

 

Yours Sincerely

 

Any ideas?

 

Thanks

[wednesday1867]

Strange enough i received their offer today

 

Asked for £128, been offered the difference between £12 and £20 plus interest, totalling £43.20

 

So no agreement, ill send the above letter with a paragraph on the offer and my refusal.

[wednesday1867]

Well the agreement turned up, ill post it up for advice, looks good to me, only down point is, they say current t and c's are suitable and have supplied them, if that is the only problem with the agreement, its not worth pushing the enforacability of the agreement.

 

 

As my charges are so low, i dont really want to go to court, can i use the FOS instead?

[Chris__]

My claim is for a similar amount and I got the same replies and offers as you. I have gone down the MCOL route and am waiting to see what happens. RBoS acknowledged the claim and have indicated on the paperwork that they intend to defend my claim. They have another couple of weeks to do something. Having seen all the court material on this site I have no worries about going through with this if they turn up to a court date.

[wednesday1867]

Reasoning behind going down the FOS route is, i get paid next week, need to get my footy season ticket and start 4 Court cases 2 against MBNA, 1 vs Egg and the last one against HSBC.

 

As Mint is for £120, i thought i could file a complaint with FOS and leave it ticking along in the background, while i take on these bigger cases with bigger values.

[Chris__]

Guess what turned up in the post today? A cheque from RBoS refunding every charge in full, contractual interest of 16.9% compounded and the Court fee. The letter with it basically said that it was not economically viable for them to go any further. For the sake of £30 which you will get back, I would go down the MCOL route.

[wednesday1867]

Congrats on your win, what was your total?

[Chris__]

I will PM the details but basically the interest worked out to be almost as much as the charges

[wednesday1867]

Thanks Chris

[wednesday1867]

Left this one to a side for a while, but will get it sorted now.

 

I sent them a letter refusing their offer and informing them of my intention to start court proceedings. I havent yet, but ive received another letter, full and final settlement for same amount as first time...........

 

So im gonna start MCOL tonight, hopefully they wont defend, total comes to about £180 :o not a lot and hopefully not worth it to them.

 

Does anyone know if there is template PoC's anywhere.

 

 

Thanks for any help

[livelylad]

They are here. However I would advise you to use the N1 form, this is more comprehensive than MCOL.

[Chris__]

Hi

 

This is the wording that I used for MCOL which worked for me:-

 

The Claimant, a customer of the Defendant

claims that between 00/00/00 and 00/00/00 the

Defendant debited (x number) charges from the

Claimant's credit card account

5460xxxxxxxxxxxx. The claimant believes that

the charges are an unfair penalty under the

Unfair Terms in Consumer Contracts

Regulations 1999 as they are a

disproportionately high sum in compensation

compared to the cost of the purported

breach and that Under the law of penalties,

the charges are an unlawful extravagant

penalty. The claimant requests the refund

of these charges being £000.00 plus

contractual interest of 16.9% compounded.

The interest is an additional £000.00 The

Claimant has written to the Defendant on a

number of occasions in order to try to

resolve this situation but now feels that

they have no other course of action left.

The Claimant therefore respectfully asks

the court to enter judgment in their favour

for a total of £000.00

 

It is well worth adding the 16.9% interest as it nearly doubled the amount of the claim. RBoS will automatically reply to the Court saying that they will defend the claim. This seems to be a standard proceedure as it gives them extra time to look at each claim. It was about two weeks later that they wrote back to me paying the claim in full. I spoke to the person handling my claim and he said that it was not worth them defending small claims (or even spend any time checking my interest calculations)

[Chris__]

Sorry, forgot to add:-

 

The address to send the claim to is:-

 

Royal Bank of Scotland Plc

RBS Litigation

1 Princes Street

London

EC2R 8PB

 

 

There is an address for RBoS/Natwest given in the info/reference section of this site but it is wrong (perhaps a mod could change it?) The correct address is 1 Princes Street and not 1 Princess Street which is the Head Office of the Salvation Army.