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MINT. Reply to incorrect compliance with cca


out of cash
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hi all

 

please have a look at my lovely letter from mint telling me that i know nothing and they are quite within their rights to persue this alleged debt without a copy of the original agreement any advice or ideas for my next plan of action.

 

regards to all

 

out of cash

mint.zip

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Hi out of cash,

 

When you say "pursue this alleged debt" do you mean that they are taking you to court for it?

 

If they are not taking you to court then I don't think that there is much you can do under s77 / s78. However, you may have more luck if you apply for it under the Data Protection Act.

 

If they are taking you to court over this (Morgan Stanley are currently doing this with me) then if you have a look through some of the other threads in the General Debt section they will give you some really good advice, especially from a contributor called laiste. In my original defence i denied the existance of the debt and (because the claim is for more than £5k and so not a small claim) I made a request for further information under CPR part 18 practice direction and this forced Morgan Stanley to send me a copy of the original executed agreement (well they sent a part of it anyway).

 

However, the interesting bit is that I now do have a copy of the original executed agreement and also what they have sent me under s77 claiming that it is a "true copy". While, it is quite true that they do not need to include any signatures or details that you included about yourself, the important bit is that it does otherwise need to be a true copy (see a post by angry cat a couple of days ago for the full regs - it wwas really nice of him/her to post that). I can now demonstrate when it comes to the court hearing that there are clear differences between what they are purporting to be a "true copy" and the actual true copy and so it's unenforceable on a number of grounds.

 

But, in order to do this, it seems that you do need to wait until they take you to court. The other alternative is to take them to court.

 

Hope this helps

 

Nicklea

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Hi nicklea,

 

many thanks for your reply mint have supplied so far an application form they think will enable them to sue me quite easily i have another good little letter fired up which will be going their way in a few weeks time its a lot of huff and puff but if you read the part i posted its quite convincing to some to cough up £££££££££££££ now or else crap

 

best regards

 

out of cash

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