Thank you I will respond accordingly, and keep you posted of developments.

MrsGuyan2B:~Thank you ever so for taking the time to reply and also highlighted your explanation. What should I do next? Should I write to Triton, Mint or both and high light this point to them?

I would write to Mint (and copy to Triton) along the lines I suggested in my earlier post (26 Jan).

~Thank you ever so for taking the time to reply and also highlighted your explanation. What should I do next? Should I write to Triton, Mint or both and high light this point to them?

MrsGuyan2B:

"Declaration and Authorisation - I apply for a MINT card to be issued to me. I accept and agree to be bound by the general conditions applying to the card as set out separately; and the details about the card as set out overleaf, both as may be amended from time to time.

?? please advise, I did originally scan the document in a e-mail it to another member on this forum, who had said it was an application and not an agreement and is not a binding document, I am now very confused.....

I have highlighted the important wording.

It clearly says T&Cs "set out separately" and then "details about the card overleaf".

The card details are not the T&Cs - they were apparently *separate*. This does not comply with the requirements of s61 as reinforced by HHJ Waksman. QED Not enforceable.

(Incidentally this is almost precisely what I have from one of my CCAs)

there is a paragraph at the bottom in

point 9. Signature and declaration

"Declaration and Authorisation - I apply for a MINT card to be issued to me. I accept and agree to be bound by the general conditions applying to the card as set out seperately; and the details about the card as set out overleaf, both as may be ammended from time to time. If my application for a MINT card is not approved. I confirm that this is an application to be issued with your MINT Card on the same financial terms as set out overleaf. If requested I hereby authorise you to issue an additional MINT card (of the same type issued to me) to the person named for use on my MINT card account."

There is then a box with:

YOUR RIGHT TO CANCEL. Once you have signed this agreement you will have for a short time a right to cancel it. Exact details of how and when you can do this will be sent to you by post by us.

?? please advise, I did originally scan the document in a e-mail it to another member on this forum, who had said it was an application and not an agreement and is not a binding document, I am now very confused.....

MrsGuyan2B:I hope this doesn't sound repeatitive I have sent further recorded letters confirming account in dispute etc and that the credit agreement has never been sent. Triton have further responded after sending threatening letters about court etc that Mint have confirmed that they have sent a credit agreement and that the account is not in dispute, do I just continue to go round in circles with this?

You should advise Triton that whilst Mint have indeed supplied a document in response to your s77 request, the document supplied is in fact only an application form which does not fulfill the requirements of section 61 of the Consumer Credit Act 1974 (the regulating legislation for loans) or its associated Regulations as a properly executed agreement.

In the circumstance you do not acknowledge any debt to Mint and are not obliged to offer any payments in respect of the alleged debt.

Keep us posted regarding any response.

PS: Just check that the Mint application you have received as a purported agreement does not make ANY reference to terms and conditions 'attached' or 'overleaf' or other such phrase that would indicate the T&Cs were present when you signed the application.

I hope this doesn't sound repeatitive I have sent further recorded letters confirming account in dispute etc and that the credit agreement has never been sent. Triton have further responded after sending threatening letters about court etc that Mint have confirmed that they have sent a credit agreement and that the account is not in dispute, do I just continue to go round in circles with this?

Thanks x

MrsGuyan2B:

Just had a phone call from Triton, advised a letter is in the post, and dispute, they said Mint have confirmed they have fulfilled the ss77 request and we have had the credit agreement, we have only received an application form which does not include the prescribed terms.

I asked if he had seen a credit agreement, to which he replied no, our solicitors will be in touch?

Why if Mint keep saying they have an agreement do they not send it to us?

You should really resist the temptation to speak to them on the phone. It serves no purpose except they might trick you into admitting something useful to them.

Mint probably can't send you your agreement because they don't have it. They will pretend to you that what they've sent is valid and will employ DCA donkeys to pursue you. There is no lengths they will not go to try and bully you into paying something, anything.

They will threaten legal action, solicitors, repossession, anything to make you pay. Don't do it. Some may even regard a payment as an admission of the debt (it isn't, especially as you will argue you were bullied and threatened into it through ignorance of your true rights).

Just had a phone call from Triton, advised a letter is in the post, and dispute, they said Mint have confirmed they have fulfilled the ss77 request and we have had the credit agreement, we have only received an application form which does not include the prescribed terms.

I asked if he had seen a credit agreement, to which he replied no, our solicitors will be in touch?

Why if Mint keep saying they have an agreement do they not send it to us?

Fabulous, will post any response I get, thank you very much for you kind help.

I've taken the liberty of editting your proposed letter as follows:

Thank you for your letter dated 26 November 2009, the contents of which are duly noted. I am perplexed that I have received contact from yourselves as further to my numerous letters and telephone calls with your client, confirming the dispute on account ******, I am yet to receive a true copy of any valid executed credit agreement for this alleged account.

Consequently I do not acknowledge any debt to you, your client or its agents in respect of this alleged account.

I would therefore request you clarify the situation with your client prior to further contact with me in relation this alleged debt, any further contact will be construed as harassment.

Is this ok the send?

Thank you for your letter dated 26 November 2009, the contents of which are duly noted. I am perplexed that I have received contact from yourselves as further to my payment of £10 for Subject Access Request and numerous letters and telephone calls with your client, confirming the dispute on account ******. I am yet to receive a true copy of any such executed credit agreement.

I would therefore request not further contact from Triton Credit Services in relation the alleged debt, any further contact will be constituted as harassment.

To be honest MrsG I have forgotten what your dispute is about!!

I'm assuming you have an unenforceable, or no, agreement for a credit card (alleged) debt. I also assume you have explained this, but nonetheless offered a repayment plan of £40 against a requested £100 per month in 'without prejudice' letters.

If I assume correct then the type of letter I have suggested for the DCA is still good. Tell them nothing they don't need to know.

Remember in this game it is always up to the creditor or his cronies, sorry, agents, to prove every step of the way from who owes what, to whom, why, how it is calculated and by what legal right they demand payment.

thank you, will do this first thing, to be fair, we have tried without prejudice to negotiate with mint and offered a lower repayment plan which they declined, the statement is for approx £100 we offered £40.

i did this on behalf of my husband and I clearly stated in communication that we did not acknowledge the debt and was offering payment to prevent further haressment from their bulleying..

they have since issued a default and now this, I would have thought it would make more sense for them to work with us to receive some form of payment, I'm not prepared to pay the hiked up interest which we can ill afford and have not signed up for!!