Parallel MBNA/EC/Varde - CCA enforceable?

[tranders]

Some of you may be following 3 separate MBNA/Experto Credite/Varde threads -here's another to add to the mix. Same story as M&M, HeftHippo and PumpyTums. After EC stated their Client (presumably Varde at the time) refused an F&F from me, I decided to CCA request them. More than 50 days later, I got my 'CCA' (liks to view below).

 

I'd appreciate it if someone can confirm enforceability please?

 

http://i789.photobucket.com/albums/yy175/tranders/cca/cca1.jpg

 

and

 

http://i789.photobucket.com/albums/yy175/tranders/cca/cca2.jpg

 

Many thanks

 

T

[MandM]

Subbing. Bed now, got square eyes

 

M

[dx100uk]

i feel it is unwise after the recent court cases to go down the line of hiding behind a possible unenforceable cca.

if you HAVE had the money, esp more so.

 

it is much better to hit the oc's with reclaims for unlawful charges+int & p'haps mis-sold PPI? first.

 

that might stop them wriggling?

 

dx

[sheena01]

Subbing

Just started the process

Sx

[tranders]

i feel it is unwise after the recent court cases to go down the line of hiding behind a possible unenforceable cca.

if you HAVE had the money, esp more so.

 

it is much better to hit the oc's with reclaims for unlawful charges+int & p'haps mis-sold PPI? first.

 

that might stop them wriggling?

 

dx

 

No intention of hiding, dx. Just want to know - every little bit helps. I'm open to all ways of ensuring that I treat fairly (bear in mind I went down the route of negotiating and was rejected - on the phone - no written rejection, reason given, the EC account manager stated they never put rejections in writing).

 

I have a payment agreement in place with EC which I intend to continue honouring unless there are grounds not to. At this point in time I don't know whether I have grounds.

 

T

[tranders]

I received a stack of monthly statements (copies, of course) today and an interesting nugget came out of it.

 

I had been perplexed by the fact that my account number appeared to have changed. Reading through the statements, it became clear that when the OC sold the debt off, the OC opened a new account through which the sums involved were siphoned off.

 

so:

Acc. XXXXXXXXXXXX - balance £X - the original

 

then suddenly the statement changed to:

Acc. YYYYYYYYYYYY - balance £X, with a transfer from acc XXXXXXXXXX then through some jiggery pokery becomes balance £0 with a buy back of £X.

 

From that point on, the statements all show acc YYYYYYYYYYYYYY

 

EC all quote the new Acc number YYYYYYYYYYY - which, oddly enough, shows a balance or 0, or in fact credit.

 

T

[MandM]

Hi tranders,

 

Are the statements due to a SAR you've sent?

 

M

[tranders]

Nope - these came presumably from the CCA request. I've sent SAR to MBNA yesterday, so look forward to their response.

 

Anyone know who is the best person to have look at my CCA - just want to know where I stand on this.

 

T

[MandM]

lol. Got my CCA today too (from EC). Is yours a quarter of both sides of a page?

 

 

EDIT - just seen it above - same as mine. Will post mine up tomorrow, one of us will get an answer

 

M

Edited January 15, 2010 by MandM
typo

[tranders]

IN which case, tomorrow you'll prolly get the statement as well

[MandM]

Might aswell make it one big claim - they could save a packet and do us all together

 

M

[GeoffreyAlby]

I too have received communication from Experto quoting a different Account Number than the original MBNA account.

 

Have now received a letter saying that due to a techincal error on their systems they have been corresonding with an internal account reference number that I might not recognise.

 

Then go to to say "Our legal advisors have directed us to communicate with you using the correct account number allocated to you as it relates to the original credit agreement"

 

 

The agreement number on the letter is now the original MBNA account number.

[spartathisis]

When I sent SAR to MBNA my acc had changed number after it had been sold off. My belief is that by changing account number they than then keep your details on for another 6 years! I contacted the ICO over it, as MBNA had sold my account 10yrs ago but still had all my details on file, the account number had changed after 5 1/2yrs and looked like it had only just been sold on. The ICO came back and said thay were entitled to keep the data for as long as they (MBNA) felt was necessary as long as they were not treating my data differently to others!!!!

 

When I queried the example in the ICO letter of industry standards being keeping data for 6yrs after last use of account, I was told that is not set in stone and in effect it can be kept indefinately.

 

Hence my thoughts as to why they change the account numbers.

[tranders]

Can anyone tell me whether a valid credit agreement must be signed by both myself and the OC to be a valid and enforceable document?

[dx100uk]

Can anyone tell me whether a valid credit agreement must be signed by both myself and the OC to be a valid and enforceable document?

yes

 

dx

[cerberusalert]

Although a CCA hasn't been properly executed without the signature of the creditor in most cases it will still be accepted by a court.

[tranders]

Thanks,Cerbs - as I mmentioned in a previous post, I've got no bones about apying, but I'm not happy with the shenanigans of both MBNA and Experto Credite in the way this has been handled. This at least gives me the opportunity to keep haranguing them whislt still keeping them dangling.

 

So now I send a "serious dispute" letter and continue paying my monthly payment as a gesture of goodwill.

 

Waiting for my MBNA SAR so I can investigate further.

[MandM]

The SAR info usually bites them due to the sold date problem

[tranders]

Well - finally received my SAR from MBNA (7 days shy of date due) and am disappointed that they haven't complied with my full request.

 

Missing:

 

• Notice of Default
  
• CCA (got same sheet as one EC sent which is an application form)
  
• Notice of Assignment
  

I did get Transaction logs, Custome Info System logs and some screenshots that seem totally useless to me.

 

The transaction logs are interesting. I haven't photocopied a couple of pages and put them on photobucket. I won't put the links here since even with sensitive info blanked, I reckon a seasoned DCA or MBNA mole can identify me if they want to go to the trouble of doing so. There are some people on here that I would trust and I would appreciate a PM from if interested in seeing them - could use your advise.

 

What I will say is that it shows that they issued (and posted) the NoD on the 7th, and it states in the log that the expiry date is the 24th. I make that 4 days posting (2nd class) + 13 calendar days - 1 short of the 14 I'm supposed to get (BTW - is that 14 working or calendar days? I assume it's calendar).

 

What's really interesting is that on the 18th, it shows they sold the account to DCA1, bought it back on the 22nd, then sold it to EC (not Varde as EC stated in their letter informing me of sale) on the 28th.

 

Is this recission of contract? Doesn't state absolute or equitable - just SOLD in both cases.

 

Haven't got my Varde letter to hand so can't check what date EC send their assignment letter at the moment.

 

Anyone have any thoughts or advice?

 

T

[Guest HeftyHippo]

in the same boat.

 

i'm not sure whether to proceed as if the debt was SOLD like 2 letters say it was, or see if a full answer can be obtained.

 

if there's stuff missing from your SAR. write back and tell them its not complete. give them a couple of examples so they can't just say it all there. and tell them to send you everything, and not just for the last 6 years, or to explian why they haven't send it. the DN is a example. If they didn't send it why not, same with the agreement, get them to either send it or say they dont have it. black or white. remind them the clock is still ticking, and the 40 days is for them to send everything, not the first bit.

 

they treat us like fools, going through the motions expecting us not to notice

 

they didn't send me anything for 2 accounts I held!!

[tranders]

So - has anyone else received a missive from EC asking you to call them with regard to their fantastic one off offer which ends this week?

 

Since I haven't actually received any such offer, I think I'll resist the temptation to call.

[Dotty50]

No, not heard a peep since early March!

[Basil Fawlty]

I have 2 accounts ''sold off'' to EC/Varde, but havent heard a thing for at least a couple of months. The DNs were faulty, but I dont know if I should send the letter accepting illegal rescission because I'm still not sure if the sale was equitable or absolute. If I write and ask Varde, are they obliged to tell me?

 

BF

[Dotty50]

My DN was short by one day, but SAR confirmed that sale made prior to remedy date and EC letter confirmed it too.

 

Once I had this proof, I sent Unlawful rescission letter to MBNA and confirmed to EC that I had accepted UR.

 

Not sure whether it matters if sale was equitable or absolute so can't help with that.

[Basil Fawlty]

My DN was short by one day, but SAR confirmed that sale made prior to remedy date and EC letter confirmed it too.

 

Once I had this proof, I sent Unlawful rescission letter to MBNA and confirmed to EC that I had accepted UR.

 

Not sure whether it matters if sale was equitable or absolute so can't help with that.

 

 

Thanks Dotty, I thought the sale had to be absolute before you could accept the rescission, but I may be totally wrong on that.

 

BF