Mint admit they have no applicaton form or agreement

[SarahG]

Hi I have been notified by Mint that they do not have an application form or an agreement for a Mint credit card account via a SAR. They have now told me that they are still going to chase me for the alleged debt. Prior to this they have sent a defective default and have terminated the account.

What is my next move? Any advice please.
Thanks Sarah G

[Curlyben]

Re: Mint admit they have no applicaton form or agreement

Send them a request pursuant with s78(1) of the Consumer Credit Act 1974 to confirm this fact.
When they fail to comply with this they legally cannot take further action.

There's a simple template here: Legal Beagles

There's more details on what this all means here: ~~~ Consumer Credit Agreements - A Guide ~~~~ inc. Letters - Legal Beagles

[SarahG]

Re: Mint admit they have no applicaton form or agreement

Hi Curly Ben, thanks for your prompt reply. I have already done this but they did not respond, that was why in the end I sent a SAR request particularly requesting the agreement. This is when they replied that they did not have an application form or an agreement.

Thanks Sarahg

[Curlyben]

Re: Mint admit they have no applicaton form or agreement

Well as per s78(6)

If the creditor under an agreement fails to comply with subsection (1)—
(a) he is not entitled, while the default continues, to enforce the agreement;

They CANNOT take any further action at all.
They may ask for repayment, but until your lawful request is fulfilled they are stuffed..

Also this will help

.—(1) A statement by a creditor or owner is binding on him if given under—
section 77(1),
section 78(1),
section 79(1),
section 97(1),
89
section 107(1)(c),
section 108(1)(c), or
section 109(1)(c).

This stops them "producing" a reconstituted agreement later on.

So make sure you have their admittance letter safe.

[SarahG]

Re: Mint admit they have no applicaton form or agreement

Thanks Curlyben will do. :beagle: