Very Old Mint Credit Card debt.

[sidley]

Hello, I am just enquiring about an old (1994) Mint (RBS) credit card debt £12,000. I went into default due to health issues Oct 2011. Have been paying a token amount of £5 p.m. since then. As far as I am aware they have not sold this debt on.

In 2014 they started asking for full payment and I went through the Financial Ombudsman Service (FoS) as they had not been responding to my requests for the agreement etc re 1974 Consumer Act. Instead they returned the P.O. for £1 back to me each time with no explanation as to why.

The FoS at first thought I was trying to get them to adjudicate on the legal enforceability of what they had sent to me (blank generic application forms + random T&Cs). I asked the FoS to intercede on my behalf to get a reason for lack of response. Oli, from the FoS asked me what I wanted him to ask them

 

1. Do they have the original agreement to hand and if not when could they realistically hope to produce it?

 

2. If they cannot find the original could they supply me with a truthful and honest reconstituted agreement that has the following items to comply with Sec 77/78/79 request under CCA 1974.   Eventually, after a few weeks and cajoling from the  FoS, they sent a letter to me stating ' that the Original Agreement was not kept and it would not be possible to reconstitute a copy to satisfy my CCA request and as such the debt was no longer legally enforceable but I still owed them the money, blah, blah.'

 

Mint sent me a statement every month until August 2016 and I have heard nothing from them since then. No letters, correspondence or statements. No one chasing me.

So, have they forgotten about it or given up as it is not legally enforceable? Under the CCA 1974 they must send a statement of arrears, but nothing for the last 5 years.

I know I could stop paying the £5 p.m. but I don't want to open a can of worms so to speak. If it is lost in the system somewhere, if I stop paying that might flag it up and start things up again.

 

I have 2 other credit card debt, both from mid 1990's were sold to Cabot. They started their threatograms, but after my success with the FoS with Mint, I did they same thing with Halifax and Nat West.

 

The letters I got from both of them through the FoS  were similar to Mint. They stated " that the originals had been misfiled and they could not provide me with a reconstituted agreement. Therefore whilst this remains the case the debt is unenforceable, but you still owe the money etc, etc." I suppose because they had already sold these debts they both had to frame their reply as though this could be rectified at anytime.

The chap (Oli) at the FoS dealing with my case said he had worked in a bank for 12 years and they all threw the agreements into a box which was picked up by a company for storage. There was no proper filing system! He doubts that they could ever find the original agreements and being pre 2007 they would be unenforceable in court.

I do get regular correspondence from Cabot as in a statement of account. Very occasionally, I get one saying that I am still paying the original creditor ( I am) and I should contact them to arrange affordable repayments. Years ago a sent off a copy of the banks letters to Cabot and I just ignore their offer to renegotiate the terms since then.

So, would it be best to carry on the £15 p.m. If I stopped paying what would be the likely outcome?
What should I do?

Thanks for any help.

sidley

PS - I am retired now and the £15 p.m. just to keep them at arms length is worth it for me and my wife.

Edited October 22, 2021 by dx100uk
formatting

[dx100uk]

no cca = no pay ....end of.

you should not have been running the sb date to infinity by paying debts no-one has enforceable paperwork for...might as well have burned the money for all the good its done you.

 

dx

 

[sidley]

Thanks dx.

 

Does that mean Mint have given up on it?

 

sidley

[dx100uk]

Well they've said it's unenforceable..end of!!

 

Silly idea to have kept paying, seriously stupid, simply prevents you ever being clear of any unenforceable debt cause you keep resetting the statute barred date......

 

Ignore any debt in this situation until or unless you ever get a letter of claim.

 

 

Dx

[Bazooka Boo]

Yes PLEASE stop paying this, they simply rely on the uninformed to keep them in business by blindly paying what they legally don't owe.

 

And as DX says, all it does it reset the clock each time you pay giving them six years in which to harass you.

 

Once you stop paying, they will then flog it on in a portfolio of toxic debts to some clown of a DCA who will then chance their arm at making you pay, which isn't going to happen as you now know that they don't have the correct paperwork to enforce it.

 

Spend the money on something much more enjoyable,

[London1971]

Yup don't pay another penny.

[sidley]

Thanks Dx, Bazooka and London for your help and advice.

 

I think it is time to call their bluff and stop paying. With these being old credit cards they need the original docs to proceed in court and they obviously haven't got them. I suppose that's why Mint have stopped sending me anything for the last 5 years and have never sold it to a DCA.

 

On the CAB website it suggests that I could ask them to write off these debts as they are unenforceable and I'm retired on a small pension, so what good would it be chasing me anyway?

 

Before I do anything would that be a good alternative or simply stop paying ? I'd rather give the money to charity.

 

Thanks again

 

sidley

[dx100uk]

On 22/10/2021 at 10:59, dx100uk said:

Well they've said it's unenforceable..end of!!

 

Silly idea to have kept paying, seriously stupid, simply prevents you ever being clear of any unenforceable debt cause you keep resetting the statute barred date......

 

Ignore any debt in this situation until or unless you ever get a letter of claim.

 

 

Dx

red bit.

 

stop blindly paying and being a cash cow!

[sidley]

Ok.  Thanks Dx

 

sidley

[London1971]

3 hours ago, sidley said:

Thanks Dx, Bazooka and London for your help and advice.

 

I think it is time to call their bluff and stop paying. With these being old credit cards they need the original docs to proceed in court and they obviously haven't got them. I suppose that's why Mint have stopped sending me anything for the last 5 years and have never sold it to a DCA.

 

On the CAB website it suggests that I could ask them to write off these debts as they are unenforceable and I'm retired on a small pension, so what good would it be chasing me anyway?

 

Before I do anything would that be a good alternative or simply stop paying ? I'd rather give the money to charity.

 

Thanks again

 

sidley

Calling their bluff? You are just an entry on a spreadsheet to them. As for writing to them, it's not worth getting into pointless letter tennis.  Just cease paying.