Mint Credit Card Debt - Letter from Solicitor

[Alleir]

Hope to get some guidence...I took out a Mint Credit Card back in Jan. 2005, online account. The amount outstanding as at October 2012 was £ 7800. I made amrrangements with Mint to pay £ 1.00 a month token gesture. Unfortunately, I became a victim of fraud in June 2013 and from then on I was unable to continue with the £ 1.00 payment. In July 2013 I received a letter from Mint advising me that the account will be transferred to external debt collecting agents unless I paid within 7 days. Subsequently, 2 letters were received from Triton in August 2013 advising me that a solicitor will be instructed to commence court proccedings. On 6th September 2013 I received a letter from Green & Co. Solicitors giving me 7 days to pay the outstanding balance to TRITON before proceedings.

Any help would be appreciated.

[Inca]

Re: Mint Credit Card Debt - Letter from Solicitor

Hi + to LegalBeagles..one of the clever bods will come by and help you

[ncf355]

Re: Mint Credit Card Debt - Letter from Solicitor

Hi

Someone may be able to confirm this, but from my own dealings with them soome time ago, I believe Triton are just a debt collector (as opposed to a debt purchaser)

In other words, Triton probably have no right to commence court proceedings unless they actually OWN the debt - for this to be the case they would have to contact you with a notice of assignment (you would normally receive a letter from both Mint and Triton to say the debt has been sold by Mint to Triton).

Green and Co. again are the type to send letters like confetti - I would imagine somewhere in the letter they use words like MAY or COULD (for example "if X is not done by X we MAY issue cour proceedings within 7 days"

[ncf355]

Re: Mint Credit Card Debt - Letter from Solicitor

Have you asked for a opy of the agreement via Section 78?

If not, you should do so immediately as without a valid agreement they cant take you to court


Something along the lines of:







YOUR NAME
YOUR ADDRESS

DATE


I DO NOT ACKNOWLEDGE ANY DEBT TO YOU OR ANY THIRD PARTY

Request under Section 78, Consumer Credit Act 1974 (As amended)

Dear Sir/Madam

RBS MINT CARD ACCOUNT XXXX XXXX XXXX XXXX

I refer to the above account.

Under Section 78 of the Consumer Credit Act 1974, I require you to supply me with a copy of the original agreement which you allege to exist, together with the original terms and conditions referenced within the agreement (if any) and a signed statement of the alleged account.

I enclose the fee of £1 as required, and await your prompt response to this request that is required by law within 12 working days from the date of receipt of my request.

Yours faithfully,

SIGN WITH A COMPUTER FONT, NOT YOUR SIGNATURE


Mr X



Send this request via recorded delivery so you have clear proof of a request being sent!

[ncf355]

Re: Mint Credit Card Debt - Letter from Solicitor

It's also important to establish if Mint still own the debt or have (unlikely) actually sold it to Triton, as you should send the request to whoever currently owns the debt (though certainly no harm in sending to both as it puts a "warning shot across the bows", so to speak!

[ncf355]

Re: Mint Credit Card Debt - Letter from Solicitor

Having looked at your post above, the words "a letter from Mint advising me that the account will be transferred to external debt collecting agents unless I paid within 7 days" certainly seem to sugest that the account is still owned by Mint

[FlamingParrot]

Re: Mint Credit Card Debt - Letter from Solicitor

Hi

Someone may be able to confirm this, but from my own dealings with them soome time ago, I believe Triton are just a debt collector (as opposed to a debt purchaser)

In other words, Triton probably have no right to commence court proceedings unless they actually OWN the debt - for this to be the case they would have to contact you with a notice of assignment (you would normally receive a letter from both Mint and Triton to say the debt has been sold by Mint to Triton).

Green and Co. again are the type to send letters like confetti - I would imagine somewhere in the letter they use words like MAY or COULD (for example "if X is not done by X we MAY issue cour proceedings within 7 days"

Triton are an in-house RBS collections department, not an external DCA or debt purchaser. I had lots of threatening letters and non-stop calls on my mobile from them over an RBS card 3 years ago, they gave up after a few months and passed on to Wescot the following year. I've not heard anything about this account since Jan 2012. :grin:

You won't receive a notice of assignment as they are in-house and the debt won't have been sold to anyone. I also got threatening letters from Green & Co. who are also in-house.

[ncf355]

Re: Mint Credit Card Debt - Letter from Solicitor

Aha

I thought this might be the case with Triton/Green but my dealings go back to around 2008 and I couldnt quite be sure

Nice one FP!


Worth doing a S78 anyway though, eh?

[ncf355]

Re: Mint Credit Card Debt - Letter from Solicitor

Oh, can we add (just in case........)

Never, EVER converse on the telephone with anyone about this account

If you have caller ID, just ignore their calls, if not, and you mistakenly answer to them just say you want all comms to be in WRITING ONLY (refuse to answer any questions about date of birth/name/etc) and dont talk about ANYTHING other than to say "In writing ONLY".

[FlamingParrot]

Re: Mint Credit Card Debt - Letter from Solicitor

I thought this might be the case with Triton/Green but my dealings go back to around 2008 and I couldnt quite be sure

Nice one FP!

Worth doing a S78 anyway though, eh?

Most definitely!

I sent mine in March 2010, got back an application form with no terms, sent the account in dispute letter, RBS responded with a number of terms that were not linked to the signed form in any way. Last payment was in Jan 2010, SB clock ticking nicely... :clock: :clock: :clock:

Had communications from a few low-grade DCAs like Regal and Scotcall after Wescot, it all went quiet in Jan 2012 and, as far as I know, the account's never been sold (no NoA received).

[FlamingParrot]

Re: Mint Credit Card Debt - Letter from Solicitor

Oh, can we add (just in case........)

Never, EVER converse on the telephone with anyone about this account

If you have caller ID, just ignore their calls, if not, and you mistakenly answer to them just say you want all comms to be in WRITING ONLY (refuse to answer any questions about date of birth/name/etc) and dont talk about ANYTHING other than to say "In writing ONLY".

Triton used to ring my mobile all the time but I just ignored the calls because I recognised the number. They also used to send txts pretending to be from a friend, as in "Hi, this is Paul, please call me on this number before 5pm". Devious bar stewards!

There is a letter that can be sent to stop the phone calls:

Dear Sirs

Ref: xyz

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I have verbally requested that these stop, but I am still receiving calls and I now require all further correspondence from your company to be made in writing only. I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

I ought to draw your attention to the recent Harrison v Link Financial case in which HH Judge Chambers outlined the predatory way in which the account holder was hounded; I quote, from this judgment;

"Cumulatively and damningly is what I find to be the way that MBNA and the Defendant went about recovering their debt. I am satisfied that the Claimant’s description of the way that he was hounded by his creditors is essentially correct not least in the use of “non-traceable” telephone calls. It seems to me that such conduct has no proper function in the recovery of consumer debt."

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you may be liable to a substantial fine and/or other sanctions as they see fit. Be advised that any further telephone calls from your company may be recorded and used in evidence and I expect this harassment to cease immediately.

Yours faithfully,

The letter should be signed digitally using a computer font rather than your real signature, we wouldn't want this to be used on the s.78 request response...

[charitynjw]

Re: Mint Credit Card Debt - Letter from Solicitor

Don't forget to obtain proof of postage!