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This is my first post here and I have read thru various posts etc and have some questions.
I have recieved my CCA from experto credite regading my Virgin Card. The paper work they sent me is back to back photo copy of the application form I filled in. Having had a read thru I think the following makes it unenforcable but could someone have a look for me and see what you think?
My opinion
* it doesnt say Credit CARD agreement - just credit agreement
* there is no credit limit listed just that they will decide on one
* There is nothing to specifically link pages 1 and 2
I was making £30 a month token payments and had contacted them regarding my account, i had no reply from them and attempting to make a payment at online was told my account was blocked.
i then recieved a letter from Experto Credite saying that i was to settle the full balance of my card immediately.
I was making £30 a month token payments and had contacted them regarding my account, i had no reply from them and attempting to make a payment at online was told my account was blocked.
i then recieved a letter from Experto Credite saying that i was to settle the full balance of my card immediately.
Im not sure if it is lawful to sell an account without first issuing a DN. Hopefully someone else might know.
Did you also get a letter saying that Varde had bought the account and that EC were acting on their behalf?
Im not sure if it is lawful to sell an account without first issuing a DN. Hopefully someone else might know.
Did you also get a letter saying that Varde had bought the account and that EC were acting on their behalf?
I was just coming to post about that. Having looked thru all my paperwork I recieved the letter saying Varde has purchased the debt dated 07/12/2009 but as far as i can remember i havent recieved anything from MBNA/Virgin regarding the account being defaulted/terminated? Would you suggest sending a SAR request to MBNA for comms log etc?
Also I know its not MBNA but stil CCA request - I have another account in dispute with Barclaycard - again sold to Capquest, sent CCA request 31st Jan, had reply dated 11th feb saying that they have recieved the request but i need to ring them to confirm my id (yet they write here and take a SO from my bank every month :S). Can i just issue them with the limit expiry letter?
The letter says that Varde Investments (ireland) are the legal owner of my account. Interestingly I have just viewed my credit report and there is no default registed for MBNA/VIRGIN but one registered by VIL/EXPERTO CREDITE LTD listed as defaulted on 30/10/2009 by the full amount. which is nearly 2 months before the letter i recieved saying that they have purchased the account. How to I stand now as obviously the CCA they sent me is for Virgin/MBNA who havent registered me as defaulted?
Looking back thru my statements and credit file. Experto registered a default on 30/10/09 (2 months before i was told they owed the account) so in order for it to be in default if i am correct dont i have to have missed 8 payments? so roughly at least 30/02/09? yet i have statements from Virgin showing above minimum payments made on 07/01/09, 09/02/09 and
13/03/09 so only 7 month?
Also i recieved a letter saying that they had previously been corresponding with an incorrect reference number (a card number that didnt relate to my account) and when I asked them for the CCA i suddenly recieved a letter saying that they had made an error any my account number was actually ****.
also on the other matter - checking the credit file, Barclaycard havent registered me as defaulted just late payments, yet Capquest are attempting to retrieve the whole amount owing and have yet to provide a CCA?
so can anyone advise on above issue as they have been ringing me all day again despite being told to deal by letter only
there is no deault registered by MBNA or Virgin just Experto - which was registered 2 month before they contacted me to tell me the account belonged to them.
Also I have documents to prove that i wasnt 8 months in arrers when the default was registered as i had paid 13/03/09 so only 7?
Do i need to SAR MBNA to see when they sold it? or if they infact sent me a default notice?
Hi Carl,
welcome to the wonderful world of Exspurto. They can happily ring and text but their writing skills are non existent. I wouldn't bother speaking to them on the phone its a waste of time. You can actually miss one payment before being defaulted but they shouldn't do this but it happens (Egg).
Did MBN@ ever send a default notice? If not I would definitely send a SAR to MBN@, they are pretty good at responding. Make sure you ask for the comms log. This will give you the date of sale and the DN info.
Thanks for your help Pumpy. I have today sent a SAR request to MBNA so wll see what they come back with.
In the mean time regarding the Credit agreement - is it an isue that it is an applicaton form titled CREDIT AGREEMENT REGULATED BY CCA 1974 not CREDIT CARD?
and it says "before you sign agreement you must read condition 11 in terms and conditions provided" But in the double sided photo copy they are not present, in fact the other side says "these are paras 1,2, &3 of t&cs rest (4-19) can be found in full copy"
In addition the part i signed says "with regards to cancellation - details of how and when etc will be sent via post."
Do these factors make the CCA unenfforcable regardless of the SAR/ no default issue?
Still no further along with MBNA/Virgin - I sent the SAR request on 16th march and no 40 days later I still have no contact from them apart from repeated letters from EC giving me "discounts" and "options"
Is there an account in dispute style letter I can send them whilst i wait for the SAR request as I think the debt was incorrectly sold on - especially as it is EC who have regstered the default.
Recieved all the documents today. Found a couple of interesting points in it.
They sent the CCA we got before but the terms and conditions attached have our current address on it (account taken in 2004 - lived here since june last year. In addition its for a CREDIT CARD but the agreement is headed CREDIT AGREEMENT no mention of car
Seems we DID recieve a default notice and their comms log reads
06-11-09 NOD sent 9/11/9 expires 26/11/9
followed by
19-11-09 *** SOLD TO EXPERTO CREDITE LTD 18 NOV balance 9689.81
09-12-09 Case amount - 0.00
Am I right in thinking it shouldnt have been sold before the default expiry date? where do we stand now? EC registered a default the same date as sale.
Also there is an entry on the comms log that they have blacked out?
This is pretty typical stuff. Will try to answer what I can.
Firstly, you're quite correct that they shouldn't have sold you before the the DN time was up. They've done it to lots of us (inc pumpy).
The blacked out entry is probably the amount that they sold you for. This they would count as sensitive commercial information, but probably around 10/15 pence in the pound compared to your original debt.
If you had that original DN it would have helped as you'd also have found that they sold you short on the dates anyway but you have the dates now and it is indeed a day short . But the bigger issue is the fact that they sold you (terminated) early, therefore unlawfully.
In the mean time regarding the Credit agreement - is it an isue that it is an applicaton form titled CREDIT AGREEMENT REGULATED BY CCA 1974 not CREDIT CARD?
Whether the agreement is enforceable or not i'm not sure. Some say that if it's an application form BUT it contains all of the prescribed terms then it's enforceable. I must say, this does make sense. But the heading thingy I believe was an amendment a few years back so probably OK. Hopefully someone else can confirm or correct that.
So, you'll need to dig a bit deeper on the CCA enforceability thing, but you have enough info to tell EC/Varde to bog off. Use the search facility at the top of the screen. If you look also through my threads and pumpys (click on the names) you'll find links to ours and other threads covering similar points to your own.
I have now had chance to examine the information send in response to the Subject access request made on X and finally complied with on Y. From this it is clear that the DN issued by MBNA on Z was defective as it breached s88(2) CCA 1974 as the account had been sold to a third party in xx. For the avoidance of doubt, MBNA's unlawful rescission of contract is accepted.
You will be aware that the failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but gives rise to a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119. In summary, the maximum liability I would have is the arrears at the date of termination of the account against which I can claim damages from MBNA. May I therefore have your proposals for settlement?"
EC are still calling/texting do i just send them a letter saying it was inlawfully sold to them and as such i will no longer have dealings with them?
How do i go about getting EC to remove the default they have placed on my credit file
As for getting it removed that's a lot trickier. Although it becomes unenforceable, the debt to them exists. So it's unlikely you'll get the info removed from your record - they just can't enforce it through court.
If you can live with the status quo then that's that. If you want your credit file cleaned up then that's another fight as that's credit reporting, not enforcement. There are some threads on here that look into it but it's not an easy task.
I sent MBNA/Virgin a letter say you sold it before date of default, unlawful - would like to settle this asap. mentioned the £1000 someone mentioned as compensation for unlawful reccinsion and the fact only amount of default was enforcable. Asked them to contact me within 14 days to discuss settlement.
Have had no reply from them and that was month ago.
I also wrote to EC and said it was unlawfully sold etc etc so to go back to virgin and cease processing my data immediately. I heard nothing from them at all and now have started getting phone calls several times a day from them.
What do i need to send them to tell get them to stop processing it? do i need to resend the letter mbna or just keep ingoring EC?
Virgin/MBNA CCA
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Originally Posted by Carl19692
. But the bigger issue is the fact that they sold you (terminated) early, therefore unlawfully.
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