Veilside01702 vs MINT

[veilside01702]

Re: Veilside01702 vs MINT

Additionally.... I just decided to phone MINT customer relations and was told their system actually say's "Original agreement not available" on the notes dated 28th August 2009.
So Hi Ho Hi Ho..... off to the ICO I go...... lol

[veilside01702]

Re: Veilside01702 vs MINT

Today I got a letter headed 'Account Termination' stating....

We recently served a Default Notice on you.

As you have not met the conditions of this Default Notice by repaying the amount due, we are terminating our credit agreement with you. Please cut your card(s) in half and dispose of them carefully.

Please contact us on 0800 03 11 03 to arrange an immediate payment and subsequent repayment programme.

I rang them and was told they are going to get a DCA to take me to court.....
The FOS is dealing with this complaint...
Is it best to fire off a letter and put it back into dispute for penalty charges on the account??

As I am still waiting for the SAR's documents from them....
I have written 2 letters, one that disputes the penalty charges and the other thanking them for terminating an agreement that they already claim to have lost.... I was going to send them both separately??
Do I send them or just wait for them to try and recover the money without an agreement?
Do I use a CPR request for documents?
Anyone got any idea's what to do next?
Thanks
Russ

[Curlyben]

Re: Veilside01702 vs MINT

ROFLMAO.

Seriously are they completely stupid.
They have already admitted that they don't have an agreement so this threat is complete Bovine Excrement.

Don't sweat it as any DCA that even considers legal action is on a hiding to nowt

Relax you've beaten them !!!

Put it this way if they thought their case was that strong then why "sell" it to a DCA ??

Do I send them or just wait for them to try and recover the money without an agreement? - Nope
Do I use a CPR request for documents? - Nope
Anyone got any idea's what to do next? - Sit back and wait and see with bunch of idiots thay sell it to THEN we'll exterminate them..

[veilside01702]

Re: Veilside01702 vs MINT

Thanks Curlyben.......
I will relax now.... ended up at the doctors this week with chest pains and found my blood pressure had gone through the roof for the first time ever....
I am drafting a letter to the FOS to update them on the latest correspondance and to clarify things...
I am explaining why I asked for the Agreement in the first place as well as everything they have done in a list....
i am also explaining that it isn't to get out of paying, but to see the original agreement and how they have changed it from a CCA 1974 section 78 agreement to a section 77 agreement without consulting me.
But as they can't find the damn agreement anyway, they can't do anything anyway....
Feet up with cuppa tea now....
Thanks again curlyben....

[veilside01702]

Re: Veilside01702 vs MINT

Well, I just got off the phone to the FOS, who rang me to ask if I had any further information or correspondence from MINT. It appears that they are looking into the enforceability of the CCA....
The man who called was polite and helpful and asked me what I wanted as an outcome...
I explained I started this to see my Agreement after my credit card was not renewed when it expired and that they had changed it to a loan. I explained that I felt this had put me at a disadvantage as the interest rate was the same as the credit card, yet MINT's loan rates were much lower.....
I explained I didn't want to look as though I am trying to get out of my responsibilities of paying off debts that I had incurred. But after all the letters, lies, phonecalls, threats and unreasonable behaviour toward me that I want, MINT to acknowledge that they have made up a false Document, Appologise for their behaviour and treatment of me and take no further action against me.
I was willing to pay the full minimum payment amount every month, as long as they stuck to the same legal responsibilities that we have to as customers. Why should we have no rights or protection from financial institutions that believe they can bend, break and ignore the law!
As consumers in this country we have lost all rights and protection that we are entitled to. All of a sudden we have started to wake up and notice that we have unfair terms and conditions imposed on us, we are lied to by the people who are supposed to protect us and our Rights have been given away or secretly negotiated away.
Where is Trading standards now?
Who tied their hands and when?
Where is the regulation and watchdog that was put in place to protect you and I?
I feel sorely let down and want to see common sense, justice and an even playing field!

I do not agree with people I know trying to get loans wiped, car loans repaid to them because of a loophole for no reason other than greed!

It took me 2 years of MINT harassing me, 5 years of full monthly payments with no months unpaid, threats, abuse, before I finally gave in and had enough of them using the system against me and sitting back and being nice about it. They twisted the system against me, now I am going to use the law against them...

Sorry ranting a bit..... lol
I am so tired of them all getting away with it...

Why don't we all just move to 'The Post Office'????????
Close the accounts with them all......
Let them see we have had enough, make them act fairly....
I mean, that is what everyone wants..... isn't it?

[Curlyben]

Re: Veilside01702 vs MINT

Nice one VS..

[veilside01702]

Re: Veilside01702 vs MINT

Well the latest news was Mintymint have passed the debt to 'Triton credit services' who are now trying to get me to pay mint still.... and yes 'Triton' are part of RBS group...
So I am ignoring them as I still haven't got a copy of the executed Consumer Credit Agreement....

Next I got a lovely letter from the 'FOS' informing me that Mint have actually supplied them with a completely different copy of what they claim is the original credit agreement.. a tiny illegible copy that is nothing like the 'True' copy they sent me under my section 77/78 request.....
And Mint still haven't sent me this copy as they are still sticking to their claim that they have fulfilled their requirements under a section 77/78 request....
So the 'FOS' adjudicator has decided that mint had not changed my agreement to a fixed sum one, he also decided that even though they sent him a different agreement to the one they sent me under my request, they have done nothing wrong...
Now if I forged a cheque I would get done for it, but they make up a Consumer Credit agreement and they get told that is ok??

I have complained that this has proved they didn't fulfill their requirement under a section 77/78 request as they are now relying on a completely different document to the one they supplied under the request. Not only that, the new document they supplied the ombudsman cannot be read as it is tiny, about a quarter of an A4 page and blurred. But I am not giving up and arguing that the copy they sent me was not what was required under my request...... I have asked for an 'Ombudsman' to look into this now...

Well today I received another demand of full payment by return post from 'Triton'.....

Do I leave this or reply??
And what shall I put in a reply?

Any Idea's would be gratefully accepted...... lol
:snowbal:

[Curlyben]

Re: Veilside01702 vs MINT

Bear in mind that the FOS don't deal with enforceability, or otherwise, of agreements, so what they have said is correct, although seriously sucky.

Triton = Inhouse monkeys and worth ignoring until a "real" DCA raises it's head

[veilside01702]

Re: Veilside01702 vs MINT

Well I got most of what I requested under the SAR request, well from 2006 only..... so missing 2 years from 2004 till 2006....
They also supplied a teeny weeny copy of what looks like a credit agreement, but it is a quarter of an A4 page... A6??
I have noticed something wrong with the date and signature though..... There is the line to sign on and then a second line under the date and signature...... looking suspiciously like a photoshop of both from another document....... am I paranoid..... Yes!

I also got a transcript of a call..... not bad considering I asked for about 5.....
The only one they sent was one in which they called me and I lost it with the CSR and Manager....
Makes amusing reading...... but doesn't help me....
The ones they didn't send where the ones in which they admitted making up the Consumer Credit Agreement as they had not got the Executed Agreement...... strange that..... and then they find a copy that looks a bit..... well........ as if the signature and date have been added...... hmmmmm

There is No signature for Mint, No date for when Mint signed, all figures are APR and there is only one side of this agreement......

I am going to try to copy and post, but might be illegible as it is so damn small.......
I have also noticed it states I had a cashback rewards scheme..... but that was never available in 2004??
I have certainly never had any cashback in the 5 years I have had the card...... hmmmmm
Seems strange the agreement has this on it, I will have to ring them and find out why I have never received this then It should be thousands.... lol

[veilside01702]

Re: Veilside01702 vs MINT

Well rang Mint and was passed through to someone who asked for my details to check my ID....
They then informed me I had been passed to an outside bailiffs company and how do I intend to pay my debt.....
They now have all my details including phone number as they didn't identify themselves after mint passed me through..... I thought I was talking to a mint representative......
she said they will be taking court action against me, I asked "when?"
She said soon, so I said "goodluck, your gonna need it!" and laughed..... then put the phone down....
Now I am not happy.... How can mint transfer a call to a bailiffs without telling me and how can the bailiffs trick someone into giving information such as date of birth, password, phone number, etc.... without identifying themselves as a DCA and not Mint........

Looks like I will have to write to these idiots now with 'Correspondance in writing only, do not phone me, do not visit me, etc....'

any idea's Curlyben??

[veilside01702]

Re: Veilside01702 vs MINT

Well after nearly a year without any correspondence at all.... they are back on my case calling me on my mobile phone and sending letters claiming to be from a solicitors.....

I still haven't got a copy of the original agreement they previously admitted losing..... but I have an illegible copy of a reconstituted document. This has my signature cut and pasted on it to make it look genuine. Surely they should have told me this was a reconstituted version, rather than do this and try to pass it off as the original?
Now they are threatening court action again. Is this because of Carey??

The reason I started this is because they messed up, covered it up, took away my card when I wasn't in any arrears and was paying off the cards every month. By removing my use of my card they effectively made this a fixed sum to be repaid at the same rate as a credit card. I would have been better off with a loan at 5% or so. But because they messed up by taking payments but not applying them to the account, they ruined my credit rating. So I couldn't get a preferential loan at a good rate.
I want to pay the debt as it was before their mistake caused all of this. I was paying over £120 a month to clear the balance of the card, but they didn't like me not using the card and extending the limit anymore.
All I intended was to see the original executed agreement and find out what the T&C's were when I took out the card. I wanted to see what my rights were within the T&C's. As soon as they got a CCA request they did everything they could to get rid of me as a customer.
I am not using this to avoid a debt, in case anyone thinks I am....
I want Mint / RBS to do is work with me to sort this out and clear the balance, as I tell them every time they contact me...."I am not avoiding the debt, I will pay when you give me the document I requested over 2 years ago!"

Where do I go now after all the changes in CCA approaches in my year of silence??
I am not up to speed in where to turn or what to do now....

Can anyone please advise me...... Out of my depth here......