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MBNA - Explurto


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I posted on someone elses thread about my experiences with this lot a good few weeks ago. I, like others, had their debt sold by MBNA to Explurto Credite before Christmas. The first I heard of it was a letter from EC informing me of this. I never received anything from MBNA until today when a letter arrived stating "Please accept this letter as confirmation that your outstanding balance due under the above account has been assigned to EC". Any opinions and advice would be gratefully received

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Have you had any contact with EC or not responded to their letters or phone calls?

 

Ive had their special offer text this week, trying to get me to call them.

My Posts exist exclusively to assist me in preparing litigation against another party.

As such, it is almost certainly protected by litigation privilege.

 

The legal requirements for claiming litigation privilege are well established and are not in dispute.

Communication between a solicitor, or the client, or a third party will be protected by litigation privilege where the communications are for the dominent purpose of obtaining legal advice in connection with, or conducting litigation in prospect: Re: "Highgate Traders Limited (1984)"BCLC 151.

 

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Mine also went to experto,looks like mbna sold and made a bundle.

 

I've had no offers but they've just sent me the same non-enforceable cca that mbna did so i'll point that out to them and see what that takes me.

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  • 1 year later...

I initially had the boxing gloves on with MBNA for 18 month. I was one of the many poor soles ripped off and robbed by these muppets, being religously every month only for them to eventually increase my interest rate to over 34%. Requested copies of credit agreement and never received them, however, around about the Nov 2009, I started receiving calls Experto demanding money stating they now owned the debt. I heard nothing from MBNA then around about March 2010, they sent me a letter stating debit had been assigned to Varde.

Since then, all requests for copy of the Agreement had been ignored and today I have received an undated letter from MBNA (obviously just drafted up), a copy of my application, T & C's and an alleged credit agreement. On page 2 (of 7) of the agreement, I have tipp-exed out my address but as you can see, I haven't signed an agreement nor do I recall receiving one. I have attached all docs and would appreciate any advice on this matter. From what I have read on here these past 2 years, I believe the odds may be stacked in my favour should it go to court although dont want to count my chickens. Thanks in advance

Credit Agreement.pdf

Application.pdf

T & C's.pdf

Notification of assignment.pdf

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Send experto cca request and wait.

They will probably respond with a letter saying they have no agreement.....like they did to me.

They don't like writing letters...can't spell i think..:lol: and then you will probably get a letter from HL Legal...ignore this aswell.

Then it's just a waiting game as the ball is firmly in their court as they say...advantage you.

 

Until they comply with your request for a signed copy of the agreement it remains in dispute.

 

BTW I changed my contact details aswell so they couldn't phone direct,,,,shear bliss!

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  • 2 weeks later...

I'm in the same posiion as you.

 

I have had the threatening calls, the letters, and lack of documentation. My last letter stated that I would not respond until my requests have been lawfully complied with. These have not and 4 months later I am still not responding.

 

Just have to hold your nerve with them.

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Steve,Hi..this has become a standard route for MBNA and Experto,I would not be surprised if Experto state that they represent Varde Ireland who purchased the debt??

 

Although the CCA route does not produce the results of 2 years ago the law is still in place and MBNA should not have sold your debt while the account was in dispute,I assume as you say you made a CCA request to MBNA and no results,so did you send the IN DISPUTE letter?

 

Should my 1st para be correct,then why would you pay a company Experto who you have never heard of who say they represent another company VARDE you have never heard of?

 

You should have received a Letter of Assignment from MBNA and also Experto,question is did you?

 

You will also find Experto are very good at using MBNA headed note paper to justify their stance,compare the Experto version with an original MBNA letter,you will find a difference

 

Regards FS

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yep you should of received a Notice of Assigment; good at backdating these if you get one! Therefore EC are nothing to you. I have written to them and told not to write, phone or txt as this will be harrasement- stopped straight away.

so if you get one write back and say they cant do that as account in dispute!

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Have you ever received a default notice?

 

They probably issued an invalid one and sold the debt on prior to the date on remedy on the notice. And as they have sold on the debt, then they can no longer remedy the invalid default/termination. Which is unlawful rescission of contract. THough its improtant to know if they have issued you a default notice what the dates are, when Experto bought the debt and whether you received the full 14 days to remedy the default notice.

 

They did that with me did MBNA prior to when i started my company, since then Experto acting on behalf of Varde Ireland tried it on, i tell them unlawful rescission. am lucky to hear from them maybe once every 6 months now.

 

Infact last i heard was when they wrote saying they in respect of MBNA update them on the FOB man decision in the case (though the FOB can not decided on Legal matters such as unlawful rescission) that the notice of default does not prevent the sale. Below is my response to that letter from them that i got this Feb where they also said the sale of the debt had not been to my deteriment.

 

Mr Mike Kirby

Experto Credite Ltd

Windrush House

24 Portman Road

Reading

Berkshire

RG30 1EA

 

Dear Mr xxxxx

 

 

Thank you for your letter dated 23rd February 2011, received today the 26th February 2011, the contents of which are noted. However I most point out to you that your views are disastrously wrong in regards to the points you make in the letter.

 

Firstly the Financial Ombudsman Service could not rule on a point of law (see attached letter dated 24/02/2010) where it makes it clear they are only able to determine complaints on grounds of fairness and reasonableness. Therefore as my complaint was in regards to a breach of law, the Financial Ombudsman Service was only able to determine MBNAs actions for fairness and unreasonableness prior to the date of MBNA issue an invalid default notice, subsequently followed by an unlawful rescission/repudiation of contract by way selling the account to Varde investment Ireland ltd. So, basically they were not able to legally able to decide on a matter of LAW and as MBNA conducted them self’s fairly and reasonably prior to issue the invalid Default Notice, then that is all the Financial Ombudsman Service was legally able to make a decision on. So the unlawful rescission /repudiation of contract weren’t something that they could legally determine and as such it was not taken into account.

 

Secondly, you say the default notice does not prevent the sale of the debt – well I never said it did! I just said that selling the account on the back of an invalid default notice is a breach of statutory law under the Consumer credit act 1974, as the act prevents them from selling such debt when a default notice fails to be accurate or valid. So the fact the default notice was inaccurate/invalid means their subsequent selling of the debt/account was a repudiatory breach of contract but also a breach of statutory law that prevents them selling/terminating accounts when the default notice fails to be accurate/invalid - Hence my claim of unlawful termination/rescission/repudiation.

 

As for the default notice itself, (please find a copy attached) you will see it was Dated 12th August 2009 and was sent second class post, which by law is not deemed served until 4 working days from date of postage, (Weekend days do not count). However it was received on the 18th August 2009, yet as on the attached letter from MBNA dated 11th September 2009, the account was sold to yourselves on the 17th august 2009. That means the account was terminated on the date it was sold, it also conflicts with your statement that Varde investment Ireland Limited purchased and own the debt/account. Because of this I did not receive my legally entitled to statutory 14 days to remedy the default notice, also note the remedy date was before the 29th august 2009 making the last day to remedy that of the 28th august, so the default notice was invalid on 2 points:

 

1 – the account was sold (therefore terminated) on the 17th august 2009, denying me my statutory right to 14 days to remedy, and;

 

2 – Even if the account had not been sold till after the 29th august, the default was still invalid as between the 18th august and 28th august 2009, is just 10 days, therefore 4 days short of my legally entitled to statutory 14 days to remedy, putting you in breach of the CPUTR 2008 as well.

 

There is also a third point in which the default notice is invalid, and inaccurate, as it asks for the full amount and not the arrears, when it should only ask me for the arrear, in order to remedy the default. As for the default being reported to the credit reference agency on the 31st of july 2009 – well MBNA are in breach of ICO guidelines for failing to all for 28 days AFTER the default notice was served before reporting the default to the credit reference agencies, which I believe may put them breach of the data protection act 1998. Also the date they reported the default is irrelevant where the issuing of a default notice is concerned.

 

As for myself not suffering detriment, well what to you call the loss of my statutory right to remedy the default, is that not detriment?. Have I not suffered detriment by way of stress and anxiety in regards to you letters and phone calls threatening legal action to enforce an agreement/contract that was unlawfully terminated/rescission/repudiation?. Is it not detrimental towards myself for an inaccurate default to be reported to credit reference agencies, limiting my ability to gain future credit and thrashing credit file? Is it also not detrimental to myself that such reporting of the default to the credit reference agencies was in breach of ICO guidelines and the data protection act but also by means of reporting it prior to any valid default notice being issued? – The answer yes, I suffered detriment on all points, also the reporting of an inaccurate default to the credit reference agency is also derogatory and therefore an act of libel.

 

Now Thirdly, you state in your letter about threats of legal action, well the last correspondence I had with yourself or one of your representatives, not only did they attempt to mislead me by stating new legislation entitled them to enforce the debt regardless of the unlawful rescission/repudiation/termination, and they pointed me to the OFT’s website. Yet when ask to name the legislation you/he (as it was a he) was unable to do so, off course being a member of consumer action group I would have been aware of such legislation if it existed, which clearly it did not you/he then cheekily asked me to make a donation payment. It was then that you/he threatened to take me to court, and I said ok do it. Yet funnily enough, 6-8 months down the line I still have not received any POC from the court regarding your claim against me.

 

So as you state that if I do not make any proposals to repay the debt in the next 14 days, you will pass it on to your solicitors (will that be Internal or external solicitor?). Well ill save you the wait, go pass it on to them now I’ve been waiting 6-8 months for your POC after our last communication. But when you do pass it on them, give them a copy of this letter (as I will also be sending a copy of this to them) and tell them from me, to think very carefully about it first, as I will report them to the solicitors regulation authority for unlawful attempts to enforce via the courts an unenforceable agreement. Not only that I will counter claim for the unlawful rescission, breach of data protection, request that MBNA be made a joint claimant, apply for damages, sue for detriment I have suffered and sue for libel for recording an inaccurate/invalid default notice to the credit reference agencys. I will also make reports to the ICO (expect a substantial fine), OFT for clear breaches of the guidelines, the police (as I now few any threats you make of legal action as false empty threats putting you in breach of section 40 of the administration of justice act, the protection from harassment act and in breach of the malicious communications act for make a false threat to take me to court over the phone the last time we communicated.

 

So, what’s it going to be? Is this yet another false empty threat or am I finally going to get the long awaited POC from you? Either way I don’t care, though I suspect the fact you have so far failed to make good your threats is because you know as well as I do that you haven’t got a leg to stand on. As such I shall end this letter, by making it clear that as you continue to send false empty threats of legal action to myself and attempted to previously mislead me, you are formally informed to cease and desist from all forms of communication with myself. Therefore I expect not to hear from your company again and that our next communication between myself and your company to be POC.

 

Yours Sincerely and without Prejudice

 

xxxxxxxxxxx.

 

P.S. now go sit on your middle finger and swivel on it, and while you’re doing that you should consider whether or not to stop acting the like the legal we know it all’s, that you clearly are not. As you clearly have a very dangerous misguided interpretation of the law, that may well turn out to be your company’s downfall.

Not had any reply since then. No doubt they'll try again in say October time lol - Idiots they are

 

In other words, Steve - Stand your ground with them, use the advice given here and they'll soon bugger off.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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It's very odd how completely different DCAs (eg Wescot, Moorcroft and Experto Credite etc) do nothing for many many months and then within one week they all awaken.

 

Rearding my MBNA / Experto Credite alleged debt ( ;) ) E.C. have replied ery recently saying that MBNA cannot supply them with a CCA (yet....!) and admit debt UNenforcable (but... we can still ask for dosh etc comment and quote some silly court rulings....) and asked me to please pay them ...lol... It's even more hilarious that MBNA have written saying they have no details (in reference to SAR non compliance with bits missing complaint) for me as account was Alliance and Leicester (opened more than 6 yrs ago).and if I wanted credit agreementetc that I should ask Credito Expalidocious for my credir agreement......

 

I have not searched my posts but believe my last post about MBNA \Experto Cretins was over 6 months ago - that's how bad they are at writing..... If get time will search and link here for you ltr as at the time MBNA / Expired Cretins were pretty much 'busy' with a few of us on here...

 

(ps - if anybody legalish has time would appreciate knowing how to / where to ask advice on insurance... travel insurance to do with bereavment whilst overseas - sorry to add this here)

 

Anyhow - would be interested in latest on MBNA and EXperto Credite from other posters who had the MBNA / Ex Cred problem some months ago.?

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Hi willtheywontthey - Aren't MBNA and Experto fun... Not lol

 

As for your question about travel insurance, you will probably best off asking in the Holidays and Airlines forum found here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?61-Holiday-amp-Airline-companies

 

Actually scratch that, post a thread about it here in the insurance forum - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?62-Insurance-Assurance-Companies-Pensions

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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  • 1 month later...

Just received a letter from the Explerts again stating the matter remains with HL Legal. Looks like I might have to prepare for court although it would be surprising if they were to take this course of action especially with No Default Notice from MBNA, no NOA although a copy of one sent 4 months after the event (copy already attached) with both my name and partiial address both being in a different font or No copy of a signed credit agreement. I have already their version of the agreement, however, they have typed my address in the box but no name and at no stage is there a signature on there. Any feedback would be appreciated

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Just received a letter from the Explerts again stating the matter remains with HL Legal. Looks like I might have to prepare for court although it would be surprising if they were to take this course of action especially with No Default Notice from MBNA, no NOA although a copy of one sent 4 months after the event (copy already attached) with both my name and partiial address both being in a different font or No copy of a signed credit agreement. I have already their version of the agreement, however, they have typed my address in the box but no name and at no stage is there a signature on there. Any feedback would be appreciated

 

Defense would be no default notice therefore court can not enforce, and no Absolute Notice of Assignment under law of property act 1925, therefore court can not enforce as the claiment has no right to the debt. Plus a counter claim for unlawful recission against MBNA - Priceless.

 

Don't worry about them, HL Legal another debt collector, that happen to be solicitors. If you ever get a letter from them let us know, ill tell you exactly what to say to them muppets.

 

I am in the same boat as you, only experto know that i know the law and my rights, they will bull**** you and try to trick you into making payment, just ignore them - Once they realise your standing up for your rights, they will soon revert to contacting you just once every 6 months, in fact its been 7 months now since i last heard from them so they now overdue lol

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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Thanks raydetinu and teaboy2, just had a look through all my correspondence to and from MBNA, HL and Explerto. I can honestly say that I dont recall ever signing a credit agreement. The agreement they have sent via Explerto (which is attached) has my address only in the part that I have blanked out and there is no mention of my name on the agreement they sent nor is there anywhere where I have signed. I know for a fact that that I never received a Notice of Assignment at the time they alleged to have sent it. I have a letter from MBNA with a photocopied standard Default Notice but not a default notice being specific to me. It then states I have until (17 days after the date of this letter) to pay and remedy the situation, yet the copy of the attached notice of assignment states the date of default being the month before (so hopefully happy days).

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  • 2 weeks later...

A further update. Today received an unsigned LAST LETTER BEFORE LEGAL PROCEEDINGS from IND Ltd even though no agreement, no valid default notice prior to assignment and no valid deed of assignment, which is attached on my initial post and clearly shows no date on the DOA. They advise that they have now been appointed on behalf of Varde (Explerto must have been sacked) and have given me a fortnight to pay in full otherwise if they do commence proceedings, they will add nearly £1200 in additional interest and fees. They state their letter is "in compliance with Civil Procedure Rule - Practice Direction Pre-Action Conduct". They kindly remind me that ignoring this letter will lead to Varde commencing proceedings. They further confirm that this is the last letter before proceedings are commenced stating a claim form will be issued against me in Northampton County Court the day after they require the full cleared funds.

 

Might be worth me preparing a defence so might be a good idea to purchase a Guide from CAG to assist me. All guidance appreciated

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Just a point to note:

Recent rulings suggest where no agreement has been supplied, a reconstituted one will suffice (regardless of whether you agree or not). Judgements are turning in favour of the creditor (when they are the defendant) if they have not/ can not produce a signed copy.

Furthermore, rulings have also suggested in regards to Invalid Default Notices, if the debtor has not suffered prejudice the invalid DN will be deemed as valid again when the creditor is the defendant.

 

The tact the courts are taking is.. when you are the claimant, if you have used the card you owe the money, if the creditor produces a reconstituted agreement, thats good enough for the court (recent Carey case)

 

It seems better to have an improperly executed agreement and argue the points of law as opposed to "prove I signed" and it seems better to be the defendant than claimant as the burden of proof on the creditor requires much more thorough documentation.

 

Just something to remember when putting together a defence.

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Hi guys

 

Apologies for jumping in here but there is some very useful information in this thread about agreements.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?311996-Welcome-Finance-Agreement-in-dispute-now-they-want-me-to-catch-up-on-payments

 

Might help you somewhere along the line

 

Best wishes

 

ims

 

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