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Debt Collectors

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  • #16
    Re: Debt Collectors

    SAr the OC now may as well
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    • #17
      Birdie v Mint

      Hi.

      I sent the SAR letter to the OC (Mint) on 8th September 2008 and the CCA letter to DCA on 5th September. So far, I have not received anything from either (it is now 24th September).

      However, today, I have received the attached letter from a solicitor.

      I've not sent a dispute letter to anyone as yet - should I do this now even though I do not know what the exact charges are and if so, should I send it to the solicitor, OC or DCA?

      I'm not trying to avoid the debt, just trying to sort our finances out and get the charges reduced then hope to come to a resolution about repayments, once my husband's accounts are complete etc and we can then complete an I/E form.

      I'm feeling really panicky and quite frightened about what to do next. Please could someone make any suggestions?

      Many thanks.

      Birdie
      Last edited by Birdie; 24th September 2008, 16:49:PM. Reason: changed the title

      Comment


      • #18
        Re: Debt Collectors

        Yes tell the solicitor and the OC that the account is disputed as far as you are concerned .

        Will have a read of the letter

        Okay pretty standard.

        do you think the charges on the account will outweigh the debt ?

        If they do claim against you then you can offer repayment on the sum you 'spent' and counterclaim on the remainder which is the charges portion.
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

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        • #19
          Re: Debt Collectors

          Thanks Ame for such a quick response - it has helped me to peel myself off the ceiling now and calm down slightly.

          I don't think the charges on the account would outweigh the debt, although a good proportion would be charges.

          I'll write to the solicitors and the OC as you suggest telling them that the account is disputed as far as I am concerned and hope that they back off for a little while until I've received the documents from my SAR and CCA letters. If not, and they do claim against me, then yes, I'll try offering repayment on the sum that I owe and counterclaim on the remainder, the charges portion - more picking of your brain in that case!

          Birdie
          x

          Comment


          • #20
            Re: Debt Collectors

            Cool - honestly don't be stressing over it
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #21
              Birdie v Mint

              Updating this thread, I've rather sat on this one for a while!

              CCA Response including Terms & Conditions received early October 2008.

              I believe I've read somewhere that Mint CCA's are usually compliant!?

              Would be grateful if someone could take a gander at this one please.

              Birdie
              x

              Comment


              • #22
                Re: Debt Collectors

                Yep that's a rare beast indeed, a compliant agreement.

                Comment


                • #23
                  Re: Debt Collectors

                  So, as you said above there are quite a few charges on the account, now is the time to put a claim in for them. Do you have statements etc?. If so, send a Prelim with a list of charges. If not, send SAR to Mint to get the info you need.
                  Is no longer here

                  Comment


                  • #24
                    Re: Debt Collectors

                    Updating thread:

                    Received this letter from Mint in October 2008:

                    Comment


                    • #25
                      Re: Debt Collectors

                      Have sent a reminder to them as they did not fully comply with my SAR (only enclosed statements and a couple of letters that I had sent them).

                      Have also, sent this letter which not only asks for charges to be refunded, but offers then a token repayment of £10 per month:

                      20th December 2008

                      SENT BY RECORDED DELIVERY

                      Mint Credit Card
                      ROYAL BANK OF SCOTLAND PLC
                      36 ST ANDREW SQUARE
                      EDINBURGH
                      EH2 2YB


                      Dear Sir/Madam

                      Re:− Account Number xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
                      Repayment of Penalty Charges Request

                      I am writing to ask you to refund to me the penalty charges which you have added to my account over the last 3 years.

                      I have recently discovered that these charges are unlawful at Common Law & Statute. This is further reinforced by the Office of Fair Trading report of 05/04/06 which concluded that these charges are unfair to the consumer. If you believe that they are not penalties, then will you please demonstrate this by giving me a full breakdown of the costs you have incurred as a result of my breaches, in order to prove to me that your penalties really do reflect your actual losses.

                      I calculate that you have added £132.50 plus £20.16 which you have charged me in interest on those charges. Therefore the total I am requesting at this stage is £152.66. I attach a schedule of the charges which I am claiming with this letter

                      I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive a refund, which should be made to reduce the balance directly on the above account.

                      If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect.

                      If you do not respond to my second letter within 14 days, I shall commence a County Court claim against you.


                      I hope that this will not be necessary and an acceptable solution can be accomplished.

                      In the meantime, I would like to make a token offer of £10 per month (which is all I can afford at the present time due to other priority debts) to begin repaying the debt on the account; which would be of the understanding that no more interest or charges are added to the account so that all payments made will reduce what I owe you (I note that the interest and other charges have been frozen on the account for several months). Please would you either send me a repayment book or outline the account details that I would need to make the payment to in order to begin reducing the balance on my account.

                      Once I am in a position to be able to pay more per month, then I will, however, I do have other creditors, as you already are aware from my letter of 17th May 2008 which was sent to you Recorded Delivery.

                      I would remind you of your obligation under the banking code that you will "develop a plan with you for dealing with your financial difficulties and we will tell you in writing what we have agreed.”

                      I would appreciate your due diligence in all the above matters and look forward to hearing from you in writing.


                      Yours faithfully

                      Comment


                      • #26
                        Re: Debt Collectors

                        Above crossed in post

                        with this little picture postcard:

                        Comment


                        • #27
                          Re: Debt Collectors

                          So I'll be sending them this:

                          22nd December 2008

                          SENT BY RECORDED DELIVERY

                          Allied International Credit (UK) Ltd
                          Anderston House
                          389 Argyle Street
                          Glasgow
                          G2 8LR

                          Dear Sir/Madam

                          Reference No: xxxxxxxxxxxxxxxxxxxxxxxx

                          Thank you for your postcard of 12th December 2008, which I received today, 22nd December 2008, the contents of which are noted.

                          I must admit that I am rather bemused as to why this account has been passed to Allied International Credit (UK) Ltd, as it is in dispute with the original creditor, RBS/ Mint and has been since I sent a letter to both Triton Credit Services and Green & Co Solicitors by Recorded Delivery on 26th September 2008 who were “acting on RBS/Mint’ behalf” at that point.

                          The dispute has yet to be resolved.

                          Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

                          As holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection.


                          As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

                          Since this is considered an unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint resolution procedure.


                          I also require you to confirm that you will now comply with the OFT guidelines, and will not attempt any further collection activity whilst the dispute is unresolved.

                          Should you fail to provide me with the required undertaking within 7 days, I shall report your breach of the OFT guidelines to Trading Standards and the Financial Ombudsman Service.

                          Take notice that I will not discuss this matter on the telephone, and all further communication must be in writing. Any further telephone calls will be perceived as harassment, and dealt with accordingly.

                          I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets and threats.

                          I would appreciate your due diligence in this matter.

                          I look forward to hearing from you in writing.

                          Yours faithfully

                          Hopefully, the DCA will leave me alone, and Mint will repay the charges, continue to freeze the interest and charges and I can start repaying the blooming thing.

                          :cancan:

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                          • #28
                            Re: Debt Collectors

                            Nice one Tweetie.
                            You're getting the idea

                            Comment


                            • #29
                              Re: Debt Collectors

                              Also consider complaining to the OFT Birdie, HERE
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                              • #30
                                Re: Debt Collectors

                                Thanks Jules.

                                I will complain to the OFT via your link etc ............. and more where that one comes from.

                                xxx:santa2:

                                Comment

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