Slickfm UE Diary

[Never-In-Doubt]

Re: Slickfm UE Diary

Just ignore the default notice - that's fine.....

Keep us updated. y

[Slickfm]

Re: Slickfm UE Diary

;Hi Niddy, Mint Card Update:

In response to my threat of legal action letter sent to Triton, I have received a letter from Triton today saying that it is their final response on the matter as Mint have fully complied with my s78 request. Therefore full balance due within 7 days or face further action ;N It seems like this letter is one step back from the legal proceedings threat they sent me earlier this month ;LOL

I sent a debtors final response letter to Mint back in July before Triton were involved!!

Do I just ignore this Niddy, or respond with something?

Cheers mate y

[Never-In-Doubt]

Re: Slickfm UE Diary

;Hi Niddy, Mint Card Update:

In response to my threat of legal action letter sent to Triton, I have received a letter from Triton today saying that it is their final response on the matter as Mint have fully complied with my s78 request. Therefore full balance due within 7 days or face further action ;N It seems like this letter is one step back from the legal proceedings threat they sent me earlier this month ;LOL

I sent a debtors final response letter to Mint back in July before Triton were involved!!

Do I just ignore this Niddy, or respond with something?

Cheers mate y

Scan and email me their letter so I can sort you a response....

[Slickfm]

Re: Slickfm UE Diary

;Hi Niddy, Mint Card Update:

In response to my threat of legal action letter sent to Triton, I have received a letter from Triton today saying that it is their final response on the matter as Mint have fully complied with my s78 request. Therefore full balance due within 7 days or face further action ;N It seems like this letter is one step back from the legal proceedings threat they sent me earlier this month ;LOL

I sent a debtors final response letter to Mint back in July before Triton were involved!!

Do I just ignore this Niddy, or respond with something?

Cheers mate y

Scan and email me their letter so I can sort you a response....

Just emailed the letter to you Niddy, thanks again mate.

[Never-In-Doubt]

Re: Slickfm UE Diary

Mint Card Update:

In response to my threat of legal action letter sent to Triton, I have received a letter from Triton today saying that it is their final response on the matter as Mint have fully complied with my s78 request. Therefore full balance due within 7 days or face further action ;N It seems like this letter is one step back from the legal proceedings threat they sent me earlier this month ;LOL

Respond to Triton with the following mate, you need to send this Special delivery - I know it costs more but if they are serious about their threat, then you need to ensure they receive it before they issue court papers (N1 Claim Form)...

• Dear Sirs,
  
  Account No: XXXXXXXX
  
  I write with reference to the above numbered account and note with regret that you have chosen not to deal with this matter despite my previous communication endeavouring to assist you in coming to a satisfactory arrangement to close this account without the need for legal action. Do you need me to point out that this account is formally in dispute with Mint, and was long before you became involved? Well it is! This debt has never been legally assigned and therefore you have no legal right to make such idle threats, none moreso because you are simply servicing the debt - you are not the debt owner. In any case, this account is and will remain unenforceable until Mint furnish me with compliant, lawful documentation as originally requested back in July.
  
  You state in your letter that you're relying on a statement issued by RBS in July, that is extremely risky considering they are one of the worst offenders at issuing unlawful responses to s.78 Requests and I formally remind you here and now that if you are silly enough to attempt to pursue formal action against me a summary request for all costs will be submitted to the courts, in line with the recent High Court case of Hammonds v Pro-Fit USA Ltd [2007] EWHC 1998. In this case, Mr Justice Warren confirmed that;
  
  "it was usual for an indemnity award to be made:
  
  • So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner)"
  
  
  As you are no doubt aware, your continual harassment not only breaches the Consumer Credit Act (1974), but also the Data Protection Act (1998), the Consumer Protection From Unfair Trading Regulations (2008) and the Office Of Fair Trading's Debt Collection Guidelines. I consider both Mint and Triton to be in serious default of my s.78 (CCA Request) and OFT Debt Collection Guidelines. The fact of the matter is that whilst my s.78 Request remains in default (outstanding), enforcement action is not permitted in line with s.127(3) of the CCA1974. As such, any litigation you may decide to take will be vigorously defended and I will counter claim for all quantifiable damages and costs, upon having the summons set-aside, due to the dispute and your knowledge of my dispute.
  
  I therefore suggest you go away and stop harassing me with such nonsense. If you really want to waste my time, the courts time and your clients time by pursuing this "lost cause" then please feel free - however this will be emphasised when I apply for set-aside, moreso because I am telling you the law and telling you that whilst an account is in dispute no formal action can or should be taken. I shall be citing the following reasons; to get any formal request made by you, or your solicitors, set-aside:
  
  • The creditor failed to comply with the rules and prejudiced the debtor in the process.
  • The demand will be issued in error. [/\*]
  • The amount stated on the statutory demand will be disputed.[/\*]
  • There was no Default Notice or Termination Notice issued, directly contravening s.87 & s.88 of CCA1974.[/\*]
  • Section 127(1) of the Consumer Credit Act (CCA 1974) is subject to the restrictions imposed by sections 127(3) & (4). Those subsections set out the circumstances in which the court shall not make an enforcement order under section 65(1) of the Act. [/\*]
  
  
  I also appreciate and understand the provision of the recent Carey v HSBC {and others} case that stipluates a reconstituted agreement can be provided; however I am disputing the actual existence of such an original which means the Carey case is irrelevant as without one the account would still be deemed unenforceable. Carey only went to prove that if you could not provide an original, for whatever reason, but had proof on your systems/records that certain conditions were in place at that time then a recon could be submitted only in-so-far as to satisfy your s.78 request. If you do not have an original, then a recon cannot be produced. Similarly, in line with the most recent OFT Guidance surrounding unenforceability (October 2010), you should be aware that the OFT has stipulated the following;
  
  • Sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements. Under these sections a debtor can pay £1 to get:
    
    • a copy of their agreement
    • copies of some of the other documents mentioned in their agreement[/\*]
    • a statement of account.[/\*]
    
    
    If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:
    
    • make the debtor pay the debt before they're supposed to[/\*]
    • get a court judgment against the debtor[/\*]
    [/\*]
  
  
  I have made myself crystal clear, now I suggest you go and pass this account back to Mint and stop with the bullying tactics, they will not work; also stop wasting my time. If you decide to ignore my dispute and attempt enforcement, I will initiate formal complaints with the appropriate authorities including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.
  
  I hope that this will not be necessary and an acceptable solution can be accomplished. I would appreciate your due diligence in this matter and look forward to hearing from you in due course.
  
  Yours faithfully
  
  
  Sign digitally[/\*]

[Slickfm]

Re: Slickfm UE Diary

Brilliant letter Niddy, I will get it posted SD on Monday.
Many thanks mate

[Never-In-Doubt]

Re: Slickfm UE Diary

Brilliant letter Niddy, I will get it posted SD on Monday.
Many thanks mate

You're welcome mate y

[Slickfm]

Re: Slickfm UE Diary

Anybody had this before? I sent Niddy's letter to Triton yesterday via special delivery, checked the royal mail tracking system and it says the following "your item is being re-directed. This item is being sent to an address that has a redirection in place and will take an extra day to arrive"
Seems a little odd to me ;Hmm

[Wishfull]

Re: Slickfm UE Diary

i dont know how much difeerance a signiture makes but it could be usefull [ie peace of mind to some people] to have a database of the proper addresses of all the companys involved,if they hide behind a po box all you have to do is call the sorting office were the po box is held and legally they have to give you the details of who is behind the po box so the postman would have to take the recorded mail to the door and get a proper signiture anyone got any thoughts

[Slickfm]

Re: Slickfm UE Diary

Anybody had this before? I sent Niddy's letter to Triton yesterday via special delivery, checked the royal mail tracking system and it says the following "your item is being re-directed. This item is being sent to an address that has a redirection in place and will take an extra day to arrive"
Seems a little odd to me ;Hmm

My previous letters to Triton have got through ok.

[Slickfm]

Re: Slickfm UE Diary

Anybody had this before? I sent Niddy's letter to Triton yesterday via special delivery, checked the royal mail tracking system and it says the following "your item is being re-directed. This item is being sent to an address that has a redirection in place and will take an extra day to arrive"
Seems a little odd to me ;Hmm

My previous letters to Triton have got through ok.

My son has just answered a call to my mobile from Triton , i told them "dont discuss over the phone" and before i could say anything else, she abruptley said "we will send someone round then" after which she hung up ;N Call lasted all of 20 seconds!! They have had all the relevant templates and even a 'special' Niddy letter k

[Never-In-Doubt]

Re: Slickfm UE Diary

My son has just answered a call to my mobile from Triton , i told them "dont discuss over the phone" and before i could say anything else, she abruptley said "we will send someone round then" after which she hung up ;N Call lasted all of 20 seconds!! They have had all the relevant templates and even a 'special' Niddy letter k

Don't worry, they are arseholes - just wait for them to deal with your letter....... 1 1

[Slickfm]

Re: Slickfm UE Diary

Hiya Niddy, re my donation comment on phoenix's diary. I just want to show my appreciation for all your time and effort. God knows what state I would be in without your guidance k
Cheers mate

[Never-In-Doubt]

Re: Slickfm UE Diary

Hiya Niddy, re my donation comment on phoenix's diary. I just want to show my appreciation for all your time and effort. God knows what state I would be in without your guidance k
Cheers mate

Cheers matey y

The link to the page is here: ---> viewtopic.php?f=80&t=121

[Slickfm]

Re: Slickfm UE Diary

Hiya Niddy ;Hi1

I have just emailed you a solicitors letter i received this morning reference my Mint Card, threatening court action ;EEK

How should i respond ;Hmm , bearing in mind the last letter i sent which you kindly did for me.

Threat of litigation maybe?

Cheers mate.