Of course they have issued a default - why are you surprised? With no CCA they are unable to proceed to Court to enforce the debt, but they are certainly not going to just forget about it. Your husband borrowed the money; it's that simple. The debt still exists. However your husbands credit record will show this outstanding debt for the next 6 years, regardless of whether they can use the courts or not.

It has come to light over the past year that no CCA exists between my husband and mint, (SAR etc). We have tried to offer a minimum repayment as a gesture of goodwill, yet they refuse to negotiate.

All contact requesting information has been sent recorded, documented and has been following the advise given by very helpful members of this site.The negotiations have been on the telephone, between myself and Mint and I have at no point admitted any liability.

Month after month demands for payment are sent, and subsequently he has been issued with a default, despite letters to a fro we are no further towards a solution.

They have now sent a letter saying they have cancelled his contract and repayment protection (contract?, what contract?).

What should we do next?

Thank you in advance x

MrsGuyan2B:It's interesting what you say in the last paragraph, my concern has been about hidden information sharing although it breaches the Dataprotection act I used to work for a large commercial IT Distributor in the boom of the 90's and we shared information about companies, the directors of and the way they paid through a unit called the "credit circle" we simply picked up the phone and asked a competitor if the client did business with them and if they where "credit worthy"... Perhaps the lenders have set up something similar!!

I would bet there is some secret 'code' all creditors and banks share. Seems odd the only bad marks currently on my credit file are a few late payment markers and these 'U' markers. The CRAs say the 'U' just means either no info. received or the account is closed.

I'm pretty sure that is 'code' in the 'inner circles' for 'back off - bad risk' or there is some other info. passed around unknown to the outside world. There is for sure something going on.

I maybe paranoid and it may just be the late payments plus the amount of debt I am currently carrying that puts potential creditors off.

It's interesting what you say in the last paragraph, my concern has been about hidden information sharing although it breaches the Dataprotection act I used to work for a large commercial IT Distributor in the boom of the 90's and we shared information about companies, the directors of and the way they paid through a unit called the "credit circle" we simply picked up the phone and asked a competitor if the client did business with them and if they where "credit worthy"... Perhaps the lenders have set up something similar!!

The question of defaults is a tricky one.

When a CCC has not replied to a s.78(1) request for an agreement they are in default under s78(6) and may not enforce the debt. By any argument, a default is an attempt at enforcement since the default notice invariably threatens court action to reclaim the debt.

If a CCC has sent an unenforceable agreement, my argument is that if the 'agreement' doesn't contain particularly the repayments term how can you be in default of an agreement that doesn't state the terms for repayments?

Unfortunately I haven't tested this through the courts, but I have had success with 3 companies by threatening litigation in this situation (no agreement stating terms of repayments). They issued default notices to me but declined to report the defaults to the CRAs. Instead they marked them 'U' ('no information', 'account closed').

I have to say I have since been unable to obtain credit and my bank have declined any further increase to my overdraft - make of that what you may, but I suspect a 'black mark' hidden somewhere in my credit history.

MrsGuyan2B:How do we stop them from registering a default until this situation has a resolution?

I don't think you can stop them defaulting you. I seem to remember basa was defaulted by a few companies and he was further on in the enforceabiliy processs. I think he was thinking of looking at taking court action about this.

Huckster

we have a joint bank account so i signed the cheque on behalf of my partner, they have cashed the cheque we also sent request by recorded delivery and have proof of signature, when they replied with a copy of his application form they also sent a letter thanking us for the £1 and assuring us it had been allocated to his account, they also sent a copy of his statement showing this..

How do we stop them from registering a default until this situation has a resolution?

MrsGuyan2B:

Mint they are now saying we need to send them proof that they have deposited the original £1 that was sent when requesting the credit agreement.

Please don't tell me you listened to the "don't sign" advice and sent a postal order?

If so write-off the £1 and send a cheque with a subtly altered sig that only you can detect. Bank's don't check sigs on £1 cheques.

MrsGuyan2B:The very nice lady on the phone also said that although they cannot chase us through the courts for the payment they can register defaults and chase us for the money in any other way that they see fit...

Is this true?

I suspect this is true that they can do anything, apart from going to court.

You can find out about the cheque through your bank. Your bank will have the original cheque back with all the processing details on the back. They can provide you with a photocopy of the cheque, from which Mints accounts department will be able to identify the reference numbers.

The next step I suppose is to elevate the complaint to Mints executive and ask for a full SAR paying the £10.

Huckster

Hi all...

Despite numerous letters and calls from Mint they are now saying we need to send them proof that they have deposited the original £1 that was sent when requesting the credit agreement. The very nice lady on the phone also said that although they cannot chase us through the courts for the payment they can register defaults and chase us for the money in any other way that they see fit...

Is this true?

Hi Mrs G

You can pick the best bits out of this:

I refer to the above matter and your failure to supply compliant documents in response to my s78 Consumer Credit Act Request to provide a true copy of a properly executed credit card agreement.

We appear to be at odds in this matter, and clearly you remain in default of the Copies of Documents Regulations to the Consumer Credit Act 1974 on this matter.

The original properly executed credit card agreement is the document that you would need to produce in support of any county court action against me and the same document that I would make a court application for you to produce if you failed to respond to such a request under Civil Procedure Rules prior to my seeking to commence proceedings against yourselves.

It would therefore seem to me to be entirely in line with the overriding principles of the CPR for us to make every attempt to settle matters outside the court.

In furtherance of this objective therefore, I would suggest that this matter can be disposed of without further delay by you allowing me to inspect the original properly executed credit card agreement. Thus the matter can be resolved one way or the other.

I can think of no valid reason, if it is your sincere desire to have this matter dealt with without further delay, why you should not accede to this request. Since clearly if you satisfy me that you do have a properly executed and enforceable agreement then I can immediately enter into discussions with you with regard to discharging the said debt, which is surely what you are trying to achieve!

If however it is the case that you do not possess a legible properly executed agreement then it would be better for all concerned for you to admit to this fact now and then we may be able to negotiate a mutually acceptable outcome.

I would remind you that whilst this account is in dispute you are constrained by s78(6) of the Act as to what enforcement action you may pursue, which includes the issue of default notices demanding payment. You should consider this letter as a reminder notice under section 10 of the Data Protection Act (1998) to cease processing, with immediate effect, any data in relation to this account, both within your own internal records and records with any third party agencies, that may cause substantial damage or substantial distress to me or to another.

To sum up, I am not obliged to make any further payments to you until you provide me with a copy of a properly executed agreement. Should you not have a properly executed agreement in relation to this alleged debt, please confirm this in writing to me. If you do have a properly executed agreement there is no reason why you should not allow me sight of it in order to resolve this dispute.

I would appreciate your due diligence in this matter and I look forward to your reply in the first instance but definitely within 14 days from receipt of this letter.

MrsGuyan2B:

Dispite requesting my credit agreement and receiving and application form without the prescribed term and letters to and throw, Mint have sent a letter today forwarning of an impending default to be place on my credit file!

How can they do this while the account is in dispute? I have sent an SAR by recorded delivery today..

Hi MrsG,

Not heard from you in a while. These CCC's know they should not be placing any defaults while accounts are in dispute. You should write them to this effect reminding that the account is in dispute. Try writing to the complaints department at MINT, telling them that the acc remains in dispute, and that until your request has been complied, further action (i.e. the default) should be placed on hold.

I would also file a complaint with the FOS. I did this by finding their form on line, then completing it, printing it off and sending to them. Like you, I'm not great at letter writing, but I've had to stick at it.

Maybe Stubie (via his email ad) or someone else in the know here can help you with a template letter for MINT, he did ask after you a while back when we hadn't heard from you. He'll know all the relevants bits of legislation to quote.

Nix

Got both going on but two seperate issues, Mint is actually my partners card. I can't believe that letter has been removed it took me ages to type out...

I did repsond saying that I was confused as to whether Barclaycard is right, all they sent me was a photocopy of a cancellation policy and their current t&c's. I'm not very good at writting letters so I'm not sure what to respond with or how to push the FOS...

Because they're probably just employing the same tactics as the rest of the ccc's, and ignoring you in the hope you'll give up and pay the money.

If you're determined to go down this route you can't let up, you've got to keep on fighting the fight. Look up Mint CCA or any other type of CCA thread for good advice on the subject.

Dispite requesting my credit agreement and receiving and application form without the prescribed term and letters to and throw, Mint have sent a letter today forwarning of an impending default to be place on my credit file!

How can they do this while the account is in dispute? I have sent an SAR by recorded delivery today..