MINT Credit card debt & AIC & Moorcroft HELP PLEASE

ciaobaby

Hi

My sister ran up a debt of £4500 on my mint card and was paying it off monthly until she lost her job, she entered into an arrangement with MINT to repay it with no interest building and was doing this for 6 months then the direct debit payments just stopped she had done nothing, and 3 months later a debt company contacted her for defaulting. Again she entered into an agreement and a dd payment of £100 a month was paid direct from her bank and all correspondance to her address.
Then 6 months later the DD stopped again with no correspondance to her or me, then I got a letter from the awfull Allied Internation Credit in march this year with the usual threats and bullying tactics etc. i advised them it was not my debt that my sister did a balance transfer on a 0% deal to clear a debt and they agreed to set up a payment plan with her but their amounts were unrealistic, so I sought advice and sent the CCA letter for the deed of assignment, copy of the agreement and a postal order. 2 weeks later I got a letter saying that as they did not own the debt that it was MINT there was no deed of assignment and that MINT were no longer providing copies to them of the agreements and I would have to contact MINT direct for a copy and they returned my postal order. They then asked me to contact to arrange a payment schedule. I told them that the debt was unenforcable as no one had sent me a copy of the agreement and MINT told me my account had been passed and that I would have to deal with the debt agency. So I seemed to be going round in circles. I would not mind but its not my debt but stupidly the card was mine and I am legally responsible. Funny how they will comminicate with my sister and take payments from her in the past and in the future but will not transfer the debt to her name and address.
Anyway, I had not heard anything from MINT or from AIC since the above and then 2 days ago I have a threating letter from Moorcroft debt recovery land on my doorstep with the usual threats. I rang them and they said they did not own the debt they were just acting on behalf of MINT and they could supply a acopy of the agreement and transfer the debt into my sisters name and address and remove all liability from me. They asked for a signed letter from me and my sister and I initially thought great, especially as I just had my remortgage declined for this default and I have never ever had a credit problem, never had a default or any finanical problems in my life and I wanted a clear credit history and they said they could do it.
Then I read some threads that said do not sign anything as the debt collectors scan your signature onto an agreement and fake it. So I have not yet done anything but I am wondering as Allied did not provide the paperwork and passed the request back to me to contact MINT, does this constitute not complaince and mean the debt is unenforcable or because I did not then send the request letter and payment onto MINT for a copy can MINT legally pass the debt to a second debt agency. In my eyes MINT instructed AIC who did not comply and therefore it is unenforcable but I would have thought a big company would know they can not pass it on and it must be my fault for not requesting the agreement from MINT in writing after the letter I received back from AIC.

A bit long but its complicated, hope someone can help, I am going out of my mind and round in circles on this one!
Thank you

stephane_2

If Moorcroft is saying that they can transfer the debt to your sister then they are talking from their back side, complete non-sense. The debt is in your name & you are fully responsible to repay it, it would be illegal for them to claim the money from your sister. Unless your sister can pay the debt with a credit card in her name, then there is no other way round. Once a debt has been sold to a debt recovery agency then all correspondence must be directed to them. If you cca them, then they must be the ones doing the leg work with Mint, they are not acting on behalf of, they've bought the debt...

ciaobaby

Hi, Moorcroft are saying they have not brought the debt from MINT they are meerly acting on behalf of MINT, this is the same as AIC said and they did not supply the copy of the agreement and it just got passed from AIC to Moorcroft, is this still enforceable as 1 debt agency did not supply the copy of the agreement????

stephane_2

ciaobaby wrote: »

Hi, Moorcroft are saying they have not brought the debt from MINT they are meerly acting on behalf of MINT, this is the same as AIC said and they did not supply the copy of the agreement and it just got passed from AIC to Moorcroft, is this still enforceable as 1 debt agency did not supply the copy of the agreement????

If the debt was first sold on to AIC, then all your CCA request must be directed to them and not Moorcroft, but depending on when the card was taken they don't necessarily have to provide you with a copy of the cca. You will probably find more useful advise on the "debt free wannabe" board.

stephane_2

To be honest the best way is to be dealing with this debt heads on, it will not disappear wether you've spent the money or not. Your credit file is probably already trashed and ignoring it is not the solution. Can you not raise some fund from friends, family and offer a settlement figure? Very often they will accept a much lower figure than what is outstanding, I would start by offering them 25% of outstanding balance but be sure that all is done in writing in recorded delivery and specify that they must also mark your credit file with the debt as settled and with default removed. If they refuse 25% then go up to 30%. They probably have bought the debt from Mint for peanuts, probably about 10 pence to the pound so they will be happy to get whatever they can.

PNPSUKNET

As the debt is owned by mint send the cca to them, but if its within the last few years dont bother the cca only stops court action anyway. If you are looking to remortgage I wouldnt recommend dragging it out and set something up. As per above you cant transfer a debt to a 3rd party without mints consent.