MINT get a little rattled and admit to penalty charges

[nickmack]

Just a conversation with a supervisor at Mint after the drone refused my request for a refund of last months late fee charge.

 

I thought I was recording the call, but my phone recorder didn't work! I could kick myself.

 

Anyway, while it's fresh in my mind here's the conversation:

 

ME: Having spoke to your colleague who said the system cannot make a refund, I asked to speak to you to see if a) you are willing and b) you are able to refund the late fee of £20

 

MINT: Sir, the payment was quite a few days late, is there a reason for this?

 

ME: I just forgot

 

MINT: As you have already had a late fee refunded I am unable to refund another within 12 months

 

ME: Could you tell me how it costs you £20 to put a line on my statement saying 'Late Fee'?

 

MINT: It's a standard charge sir, as set out in your T&Cs

 

ME: You mean it's a penalty charge applied to my account?

 

MINT: Yes it's a penalty charge for late payment

 

ME: OK, you do know that penalty charges are unlawful for breach of contract?

 

MINT: As I said, the charges are set out in our T&Cs

 

ME: But these are irrelevant as the charge is not enforcable in UK law

 

MINT: If you have a complaint, you should perhaps contact the Ombudsman

 

ME: Thank you, I will do that, so will I have to take you to court to recover the money then?

 

MINT: That's up to you, thank you for calling

[ispartacus75]

You could always send a DPA request for a transcript or copy of the audio file of the call

[nickmack]

The letter is being written right now!

[Spiceskull]

What a great call - and yes, request a transcript.

[nickmack]

Here's the letter I will send later, any suggestions on additions/amendments would be welcome:

 

DATA PROTECTION ACT REQUEST

 

Account Ref: xxxxxxxxxxxxxxxx

 

Dear Sir/Madam

 

I would like to make a formal Subject Access Request under the Data Protection Act (1998).

 

Please supply me with a copy of the recorded conversation between myself and xxxxx (Extension xxxxx) at your Manchester Credit Card Centre. This call was made on the 24th March 2006 at approximately 11.05am.

 

If you claim that you do not hold any qualifying data the Act requires that you advise me of this in writing.

 

Additionally I require disclosure of any indication or notes which have been made in relation to my to my account.

 

I enclose the statutory maximum fee of £10 in the form of a cheque payable to ‘MINT’ as advised by xxx (Extension xxxxx).

 

As no doubt you are aware, you have 40 days in which to comply with this request or you must request an extension from the Information Commissioner.

 

 

Yours Faithfully

 

XXXX

[Spiceskull]

Sounds great - when they get the cheque, start the clock.

[Maxie]

I suspect the tape will mysterious disappear, can't be found or 'unfortunatly' been wiped by accident or damaged in some way.

 

You'd be amazed how many time such things occur when possesion of the same would have them by the short and curlies!!!

[Spiceskull]

I don't think they have a real reason for losing this one - it's not as if he claimed anything useful other than his ignorance.

[nickmack]

They received my DPA request for the conversation yesterday according to Royal Mail, so let's see what they come back with.

[nickmack]

MINT have sent a reply today enlcosing a SAR but claiming "The Telephone conversation on the 24th March 2006...was not recorded".

 

The call notes they enclose only mention the word 'charge' not 'penalty'.

[Spiceskull]

They do say on their website that calls MAY be recorded - a good excuse for not recording 'suspect' calls then:

 

https://cardsonline-consumer.com/RBSG_Consumer/TermsOfUse.do#privacy

 

(Security Proceedure, Point 8)

 

Regarding call notes, it is probably safe to assume that they only enter a 'summary' of the call, rather than a complete transcript. However, it may pay to ring customer services, and request a transcript again - it is possible that someone may slip up and admit that the call WAS recorded after all...

[nickmack]

I've now started my claim against MINT, the letter will be sent Recorded Delivery on Monday.

[angry cat]

Hi nickmack-

 

Sorry to hear about your problems!

 

The mint credit card is operated by The Royal Bank of Scotland RBS !

 

Check out "The Royal Bank of Scotland Action Group" on the Bank Action Group-

You may well obtain some help and advice from other RBS customers who are requesting refunds of Penalty Fines. I am sure that someone else has had a similar experience.

 

Good Luck

 

angry cat

[nickmack]

Letter from MINT today:

 

"We consider our charges ar fair, reasonable and compliant with all applicable laws and regulations. We are also comitted to ensuring the transparancy of all of the information that we give to our customers about the operation of our products.

It follows that we do not agree with the assertions made in your letter and we do not consider that any refund of charges is due"

 

So as they are so committed to transparancy, MINT won't have a problem with revealing a breakdown of the costs incurred for their charges.

 

I will be following up with my Letter Before Action in a few days.

[nickmack]

LBA was sent 6th May, so they have until the 20th to offer my money back.

 

I don't think they'll bother replying, so it'll be straight to Moneyclaim!

[nickmack]

Claim filed today online.

[Tinkerbelle]

Blimey!! You don't hang about do ya!

 

Well done! It's your party and you set the stage

[nickmack]

I'm going to take alot of satisfaction in recovering my money from MINT after my conversation with the Customer 'Service' Supervisor last month.

[nickmack]

MINT have sent me a letter enclosing a cheque to refund all charges:

 

"I am sorry that you remain dissatisfied, however I can only reiterate that we believe that our charges are fair, reasonable and transparent.

 

Nonetheless as a gesture of goodwill, we are prepared to refund these charges on this occasion, and I enclose a cheque to cover these

 

I trust I have brought this matter to a resolution"

 

RESULT!!

[surreyscouse]

Get in my son ! Well done !

[dinghy]

Congrats...

 

(to save a Mod..) Make sure you complete the survey... http://www.consumeractiongroup.co.uk/survey.php

 

 

 

 

(And a donation would be a grand way to say thanks if at all possible...)

[Guest Lueeze]

Well done! Wow veryone is getting payouts today! WHERE'S MINE!

[Dave J]

Nickmack

 

What address did you use to file your claim?

 

Would be really useful as it's a bit tricky with these guys.

 

Thanks

 

Dave

[BankFodder]

Well done. Yes a donation will be very much appreciated.

 

However I have to make the point that he we have another account of a telephone conversation which was unprovable although this time it was because of the failure of equipment. More normally it is because no attempt at all was made to record it.

 

Recording conversations on the telephone is so easy with very simple and cheap equipment from Maplins using Skylook for Internet telephony. I never understand why more people aren't recording their telephone conversations with their banks will any other organisation with whom they are in conflict as a matter of routine.

 

It is naive in the extreme to imagine that any organisation will allow you to receive a copy of any telephone conversation which they believe might even slightly incriminating. You have to take responsibility for recording conversations yourself. You cannot rely on your opponent to do it for you. That is too ridiculous

[nickmack]

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