lorings UE Diary

[Pixie]

Re: lorings UE Diary

Well done for standing up to them loring

[loring]

Re: lorings UE Diary

Success over RBS/MINT
This post is to share good the news of my success against MINT and to encourage forum users to read, understand and make use of all the information contained in this forum and in other resources elsewhere on the internet, relating to debt and how to handle creditors and regulators.
Basically I took a credit card with Mint in 1997 and unfortunately due to health and employment issues I defaulted on the card in 2005. I paid nominal amounts to the account till summer 2010 but was continually pestered on the phone by MINT to increase my monthly payments. Thanks to this site I was discovered the account was unenforceable. I attempted to reclaim unfair bank charges and reclaim PPI payments for a mis sold policy. On my application form submitted to MINT I ticked the box which said PPI not required. However my monthly statements showed amounts being debited for insurance, when I queried this I was told MINT would never open a credit card account without insurance being taken out and so it must be paid each month. They would never send any account statements which showed the amount of PPI debited so I decided to stop all payments to them from summer 2010.
In March 2011 I received an alert from Equifax to tell me there was a change to my credit file, when I checked I discovered that MINT had removed all data for my account from the credit file including the default which was due to come off anyhow in 3 months time. The same day as they done this MINT registered a new account on my credit file with the same account number but with no default or negative information. In May 2011 I received a new default from MINT for this new account and about a month later they registered the default with the credit reference agencies.

I requested MINT to explain what they were doing and they told me the default in 2005 should not have been registered with the credit agencies as they had never sent me a default notice in 2005 and they had now issued me a default notice so they could now register it on my credit file. The 2005 default had been registered in error and they now wished to correct. Jokers! registered

I complained to the FOS that under the FSA Conduct of Business Sourcebook (COBS)which is legally binding on all firms which are regulated by the FSA, I had been I had been treated unfairly by MINT under principles 6,7 and 8 of the sourcebook. I sent copies of both default notices to the FOS along with copies of MINT letters claiming two full investigations had been carried out by senior representatives of MINT and they could assure me no default was ever issued to me in 2005. Luckily I had the original they sent me. I must say I never told them I had the default , I just let them hang themselves.
Within 4 weeks of submitting my complaint to the FOS Mint had agreed to offered to clear the entire balance on the card and remove all negative data from my credit file by way of compensation for not treating me fairly.

It has been a bit of a battle since then as MINT actually tried to backtrack a little by not clearing all the balance on the card, adding more interest to what they left and issuing a notice of default for this new debt. Instead of writing to me to say they would be removing all negative data from my credit file they wrote to say they would be "altering my credit file". I have had to get the FOS to sort them out and I am now waiting to see credit file with the data removed.
I have written to MINT around 40 times since summer 2010 , usually one every two weeks without fail. I must also add I would never have done it without the help of this site, I am a big fan of Niddy's template letters, they are straight to the point and don't miss the target.

I am currently dealing with my other creditor along somewhat similar lines and will post when I receive any sort of response, this one seems to be slow moving.
loring

[Never-In-Doubt]

Re: lorings UE Diary

Hi Niddy
Thanks, but it is actually your template letters (modified to suit the circumstance) which do the trick.

That's why they're our best defence in all honesty

[loring]

Re: lorings UE Diary

Hi Niddy
Thanks, but it is actually your template letters (modified to suit the circumstance) which do the trick. These Debt Collectors pretend to ignore the letters for a while and then throw in the towel when they realise their empty threats are not working.
loring

[Never-In-Doubt]

Re: lorings UE Diary

Capital One Visa Card

Hi All
Change of direction on this one.
Had two letters today, one from Fredrickson International stating they were no longer instructed in connection with this account and the second from Capital One confirming the account is no longer being managed by the Debt Collection Agency who were acting on behalf of Capital One.
I guess I will just wait on the next move, Fredrickson/Carter as well as Capquest/HL Solicitors have returned the account to Capital One but I am sure someone else will pick it up for the new year.
Thanks
loring

Nice one, keep us updated - lets hope they leave you in peace for a while eh?

[loring]

Re: lorings UE Diary

Capital One Visa Card

Hi All
Change of direction on this one.
Had two letters today, one from Fredrickson International stating they were no longer instructed in connection with this account and the second from Capital One confirming the account is no longer being managed by the Debt Collection Agency who were acting on behalf of Capital One.
I guess I will just wait on the next move, Fredrickson/Carter as well as Capquest/HL Solicitors have returned the account to Capital One but I am sure someone else will pick it up for the new year.
Thanks
loring

[swanfan]

Re: lorings UE Diary

Have you sent this to Bryan Carter?

Unenforceability Templates - Section 5

[loring]

Re: lorings UE Diary

Hi in 2 deep
Sent that letter to B Carter on 21st October 2011.
I am not sure what I need to send next. Maybe I should just ignore the latest Fredrickson letter as there is not much more I can add.
loring

[Deepie]

Re: lorings UE Diary

Hi
The letter referred to in the previous post was sent to Fredrickson in July 2011 as advised by Niddy. Why do you believe
I need to send the same letter again.
loring

you sent it to feds in July ...this time send it to B Carter.....

[loring]

Re: lorings UE Diary

Hi
The letter referred to in the previous post was sent to Fredrickson in July 2011 as advised by Niddy. Why do you believe
I need to send the same letter again.
loring

[Deepie]

Re: lorings UE Diary

Capital One Visa Card
Hi Niddy
Got a letter yesterday from Fredrickson International who are trying to collect on my unenforceable Capital One Visa Card Debt. The application form Capital One supplied was from 1998, you had a look at it and said unenforceable so I sent them the letter you suggested.That was around last February. Fredrickson and B Carter have been writing to me over the past month trying to get me to send the money to them. I have told them the debt is in dispute with Capital One and I do not know why they think they are entitled to collect anything from me, I have no knowledge of Fredrickson or Carter, and Capital One have never told me it has been assigned to anyone for collection.
Their letter states:
" Despite a recent letter from B Carter Solicitors you have failed to discharge your debt to our Client Capital One Europe plc. We are prepared to offer you one final opportunity to pay before recommending to our client that they instruct solicitors to issue a claim at (my address is added here.
At this late stage and as a gesture of goodwill we are prepared to accept a full and final settlement on this account provided you contact us on 0845 3136618 within 48 hours of receipt of this letter. Payment can be made by debit or visa card."
Should I answer the letter and what more can I say to them or should I ignore it and wait and see what they do next. Appreciate your advice.
Loring

Send them this ... > Threat by Creditor - Threat-o-Gram Letter Before Action

[loring]

Re: lorings UE Diary

Capital One Visa Card
Hi Niddy
Got a letter yesterday from Fredrickson International who are trying to collect on my unenforceable Capital One Visa Card Debt. The application form Capital One supplied was from 1998, you had a look at it and said unenforceable so I sent them the letter you suggested.That was around last February. Fredrickson and B Carter have been writing to me over the past month trying to get me to send the money to them. I have told them the debt is in dispute with Capital One and I do not know why they think they are entitled to collect anything from me, I have no knowledge of Fredrickson or Carter, and Capital One have never told me it has been assigned to anyone for collection.
Their letter states:
" Despite a recent letter from B Carter Solicitors you have failed to discharge your debt to our Client Capital One Europe plc. We are prepared to offer you one final opportunity to pay before recommending to our client that they instruct solicitors to issue a claim at (my address is added here.
At this late stage and as a gesture of goodwill we are prepared to accept a full and final settlement on this account provided you contact us on 0845 3136618 within 48 hours of receipt of this letter. Payment can be made by debit or visa card."
Should I answer the letter and what more can I say to them or should I ignore it and wait and see what they do next. Appreciate your advice.
Loring

[Never-In-Doubt]

Re: lorings UE Diary

Hi Niddy
I know this is confusing and Mint have made it so.
The problem now appears to be the CRA consider this to be a new account which has never been defaulted previously. The old account which showed the original default was deleted and it is now up to Mint to decide if they want to remove the new account. Obviously Mint do not wish to do so.

No mate, forget what the DCA say - you have proof it is the same account so demand they substantiate their claim to the contrary - you argue with the CRA's as they are the data processor here and they are liable....

[loring]

Re: lorings UE Diary

Hi Niddy
I know this is confusing and Mint have made it so.
The problem now appears to be the CRA consider this to be a new account which has never been defaulted previously. The old account which showed the original default was deleted and it is now up to Mint to decide if they want to remove the new account. Obviously Mint do not wish to do so.

[Never-In-Doubt]

Re: lorings UE Diary

Hi Niddy
Thanks Niddy I will get copies of that letter off and see what happens.

what'll happen is the CRA will remove the duplicate unlawful entries and if not come back here and i'll get more involved........