MBNA now Experto Credite issue a statutory demand / **SD SET ASIDE**

[Ron 2015]

MBNA card since early 2001.

 

They have sent a copy of the application form it has my signature and date on it along with my personal details.

 

I have scanned in the second page and enlarged the print on the right hand side on scan 3,4 ,5 to allow it to be read.

 

Not sure if this is the genuine page 2 . It has a date of 12/00 at the bottom of page two which ties up.

 

Comments and suggestions welcome.

 

Thanks

Ron

 

[Ron 2015]

Bump

[holley]

I have a CCA from MBNA and its nothing like that how come they issue so many different CCA's to people. Also Ron2015 how did you scan that onto this site I've been trying and getting nowhere cant even get it onto photobucket have tried to jpeg it to no avail!!

[Ron 2015]

Could one of the legal folk have a look at the CCA above.

[silverfox1961]

I have a CCA from MBNA and its nothing like that how come they issue so many different CCA's to people. Also Ron2015 how did you scan that onto this site I've been trying and getting nowhere cant even get it onto photobucket have tried to jpeg it to no avail!!

 

 

Holley,

If you follow these instructions you should have no problem.

 

It seems tricky at first, but is fairly simple really.

 

1, Scan your DCA letter/whatever you want to show on the forum.

Ideal setting is 100dpi as it's closest to computer monitor display resolution.

 

2, Save the scanned image as a jpeg

Step 2.5 Edit out any personal information, barcodes or any other comments, notes or markings around the edge of the document. Never change the original document you received

2.5, Load the saved image into MS Paint. (comes free with Windows.) Use the pain brush or spray can to remove/paint over any personal info, such as name, account number, address, etc. Also remove any barcodes, as some DCAs may be able to identify you from these.

 

3, Create an account on Photobucket.

 

4, Once you have a Photobucket account, you'll find on the main webpage little box where you can upload photos. Click the "upload image" box and then tell it where on your hard disk you saved your scanned jpeg. It will then upload the image to Photobucket and it will show you thumbnails of the images you have uploaded. Under each image there are links that you can copy and paste.

 

5, Copy the IMG link below the image you want to put on the forum. Then reply to thread on CAG. Right click with the mouse and select "paste" from the little menu that pops up.

 

6, You'll then get some text appear in your message that looks a bit like this.

 

 

When you submit the reply, the text will change into the image you uploaded onto photobucket. The text you copied and pasted is just the information the forum needs, so it knows where to find your photo and display it in your message.

 

 

Courtesy of Fuzzybobble

---------------------------------------

 

Don't give me any credit for the above. I nicked it!

 

fox

[holley]

Thank you so much for that I think I have done it hopefully someone can have a look for me.

[Ron 2015]

Bump

[cerberusalert]

I'm not at all convinced that the T&Cs are part of that form, but can't really tell.

 

If you look at the top image there is a certain amount of 'bleed through' caused when the document was scanned....similar to holding a letter up to the light and you can see the print on the reverse.....does that bleed through match the T&Cs? If it does I'm afraid it would be enforceable.

Edited March 13, 2009 by cerberusalert

[Ron 2015]

I think this might be my scanner.

 

They have printed page 1 on the front of one page and page two on the reverse.

 

Page 1 is certainly genuine.

 

It seems odd page 1 has an even black border around the edge and page two has a thick black line down the left edge only.

 

Do they have to produce the original in court ?

 

Thanks Cerebus.

[cerberusalert]

Yes they would have to produce the original.

 

There have been a few from MBNA like this in the past few weeks & each one has been 'iffy'.

[Ron 2015]

Cerbus thanks for taking the time to look at this for me.

 

So is this copy enforceable ?

 

Obviously if the T&Cs have been pasted on its not.

 

But if its genuine is it enforceable?

 

Ta

 

Ron

[cerberusalert]

But if its genuine is it enforceable?

 

I'm afraid so.

[summerbreeze]

I think there is a conflict in the codes at the bottom of page 2

 

small detail says 12/00 but the LA code seems to indicate a date of 04 / 01

 

This looks iffy to me .

 

I have a similar CCA from 1998 and the LA code on mine represents the date

[Ron 2015]

I have been to see a firm of solicitors who are known to me to be honest and straight forward.

 

They have a barister who has had a look at my 'agreements'.

 

One of the first things he noticed on this one is that it does not set out who is party to the loan.

 

If you look at most agreements the first thing set out is this agreement is between 1. Debtor ( you and your address ) and 2 . Creditor ( name and address of bank / CCC )

 

This MBNA does not have this so this is a flaw.

 

Also he is going to test the apr's , if they are more than 0.1% out it makes it totally unenforceable.

 

He told me that the cca 1974 is more of a shield than a sword , which makes sense to me.

 

He can ask for opinion from a chap called Phillips ( I think ) I ggogled him and he was involved in defending the banks in the Rankine case. So although he was defending them then , he can I suppose defend / help anyone he likes.

 

One bit of advice if you dont want to do this yourself is go with someone regulated by the law society and not the Ministry of Justice , I believe you are better protected.

 

Anyway as I go along I will post up anything I think will help others. I am using the truecall system to block calls and have found it very effective and easy to use.

 

I have seen a few threads relating to the morals of challenging agreements. Had the CCC's kept to the rates that were first applied to my accounts ie 6.9% or 8.9% I would not be in the position I am now. They have all increased the rates above 30%. So its their greed that have forced me to take action. And most of them will getting nothing from me. Had they stuck to the original rates I would be still paying.

 

Cheers Ron 2015

[MikeBigg]

Ron,

 

thanks for posting this - I'm waiting for a response from MBNA at the moment, so it will be interesting to see how similar it is to yours, if at all.

 

Regarding threads about the morality of challenging agreements - I haven't seen any, but I take the same line as you - the banks seems to be the most immoral and corrupt orgainisations around.

 

Regards,

 

Mike

[landy_alert]

I think there is a conflict in the codes at the bottom of page 2

 

small detail says 12/00 but the LA code seems to indicate a date of 04 / 01

 

This looks iffy to me .

 

I have a similar CCA from 1998 and the LA code on mine represents the date

 

Hi Ron,

 

I would also be unsure if those codes are right as I too thought they were supposed to represent the date as Summerbreeze has said....

 

One thing though, Summerbreeze - what does the LA mean please?

 

Regards,

 

Landy x

[Fred Bassett]

Hi Ron,

 

If I were you I would get rid of the barcodes on your form. If you're feeling mischievous, you could replace them with one which you can generate yourself here: Free Online Barcode Generator

 

You can be as rude as you like!

 

Regards.

 

Fred

[summerbreeze]

Hi Ron,

 

I would also be unsure if those codes are right as I too thought they were supposed to represent the date as Summerbreeze has said....

 

One thing though, Summerbreeze - what does the LA mean please?

 

Regards,

 

Landy x

 

Landy I have no idea what LA stands for but the code seems to indicate the date relating to the document it appears on.

[Ron 2015]

Hi All

 

Just had a letter from Experto Credite saying they have bought the interest od MBNA so Varde Investments is now the legal owner of the debt!

 

The CCA is pasted earlier and has a few faults.

 

1. No signature by anyone at MBNA ( I thought they had to sign it to make it enforceable)

 

2. By the customer signature strip it mentions condition 11 on the T&Cs which says data protection. If you look at condition 11 on the T&Cs is says about promotional discounts! Is this enough to prove the T&Cs are not the ones I was given ?

 

I had a read through the SAR and I was amazed , there are about 4 lines that have been blacked out !

 

Are they allowed to hide information like this ?

 

Also it says that a CAIS check was carried out and that a litigation referal was refused as there is little or no equity in my house. So they feel there is no point in litigating ( fair point ).

 

So they have sold to Experto , I am thinking of offering 10p in the pound. Is this best done by letter or phone ?

 

Anyone settled in full and final with Experto ? Any details of how much they settled for would be welcome.

 

Cheers Ron

[exasperated]

Hi Ron,

I would make the offer by letter, a thread on here would defintely advise this as the 'cagger' arranged the F&F over the phone paid by installmeants and when he had finished they told him they were keeping what he paid and demanded another £2k:shock:

What happened with the barrister you never posted back on his thoughts?

Exasp

[Ron 2015]

Hi Thanks Ex

 

Yes I think a letter is best.

 

I will start at 10% and take it from there , although I think I have a good chance in court.

 

The Barister has given opinions on a couple of my cards , in paticular the Egg Approved Limit argument. He thinks the chances of winning are slim.

 

I have read PT's thread and he has won 5 cases using it ! I would have used PT if I could get hold of him , but no response so I settled.

 

Another thing is Experto have quoted wrong credit card numbers , is this significant! The amounts are correct to the penny.

 

I will post up the default notices soon to make sure they are correct.

 

But if they make a claim at the county court with the wrong CC numbers will it just get thrown out ?

 

Cheeers

 

Ron

[Ron 2015]

Hi

 

Help needed please !

 

I have a default notice from MBNA dated 9th October 2009.

 

Then a letter from Experto Credite dated 23 October 2009 saying they have bought the debt.

 

Allowing for postal time have they complied with the rules?

 

I want to settle my debts with these people , I have seen 25% being accepted on some threads.

 

Any ideas who would be best to deal with Experto or MBNA ?

 

I just called MBNA on one of those text meassages which say call now for a discount and they say I have to deal with Experto.

 

I need to sort this out...

 

Thanks

[Ron 2015]

Just noticed on the MBNA deafault that it says I have to pay the balance by 26 October 2009.

 

The letter from Experto Credite says 23/10/2009.

 

So it seems they bought it before the expiry of the default notice.

 

Is this significant ?

[cerberusalert]

Can you scan the DN and post it up after removing identifying details?

[Ron 2015]

Hi Cerberus

 

Thanks for looking at my thread. The santised copies of default notice and letter from Experto are posted up below.

 

It looks to me that MBNA sold the debt to Experto at least 3 days to early.

 

Is this correct ?

 

I have seen in other threads where MBNA have settled for between 20-30 % in full and final. Do you know what is the best way to achieve this ?

 

Should I write to Experto or MBNA ?

 

Thanks