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  1. I Have a £3500 cedit card debt with NMBA a repayment plan was set in place of £20 per month which i paid every month after about six months they transfered the debt to a DCA experto credite They contacted me and the payments remained at £20 a month after six months i have recieved a letter asking me to ring them to discuss the payment plan i assume this would be to try to extract more money from me i have ignored their request now receiving a phone call per day to my mobile which i am also ignoring until i receive advice i am reluctant to speak to them again Should i write to them offering to pay the same amount or just ignore and keep paying the £20 per month the calls i get dont bother me as i just listen to the ring tone and ignore Thanks
  2. Issue Date: 21/02/2017 Claimant: PRA Group Solicitor: Surjit Gida (Legal Rep) Original Creditor: MBNA Particulars of Claim: 1.On 11/06/02 the defendant entered into an agreement with NBNA for a credit card under reference: xxxxxxxxxxxxxxxx. 2.On 31/05/10 the defendant defaulted on the agreement with an outstanding balance of 6895.76. 3.On 29/02/2012 the debt of 6895.76 assigned the debt to PRA Group (UK) on 31/12/2014. Notices of assignment were sent to to the defendant in accordance with S136 Law of Property Act 1925. 4.Payments of 54.00 received up to 13/09/2016. 5.The claimant claims (1) the sum of 6838.76. (2) Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8% per annum from 13/09/2016 to 20/02/2017, 239.63 Daily rate of 1.50 until judgment or sooner payment. The Claimant claims the sum of 7078.00 for debt and interest. Is the debt Statute Barred: No Info: My mother over the phone registered for a credit card, there was no signing of an agreement. In 2009 her husband, my father developed cancer while working abroad. He carried two thirds of their house hold income. Finances grew increasingly as time went on. I assist as much as possible. All other banks when informed of the situation froze their accounts and worked on a solution. MBNA differed and instead raised interest rates. In May 2010 She defaulted once again. On 04/06/2010 MBNA sent her a letter stipulating her balance was 6905.76 and in order to remedy the breach she must pay £1082.13 by 22 June 2010 (I have this letter). On the 30th My father died at home with my mother, she had no ability to pay. On the 30th she also received a letter from Experto Credite stating Varde Investments (Ireland) has bought the interest of MBNA including the outstanding balance. Thus the legal owner of the account. Under the terms of this assignment Experto Credite had been appointed to recover any and all debt. (I have this letter). She replied after numerous calls and letters on the 14th august 2010 (I have this letter copy), apologising and stating the situation she is in, and her inability to pay the sums owed and how she was treated by MBNA. Eventually finances were looked on and a plea bargain was made whereby my mother and Credite Experto agreed she paid £1 per month (Amazing), from the 20/05/2011 via standing order to an assigned bank account. At the end it states "If your payments stop at any time without us agreeing, the full amount will become payable immediately. (I have this letter). She has paid this every month without fail. This never stopped them from harassing her with letters saying she has monies outstanding, but each time she referred to the agreement and never stopped paying. On the 26/04/2012 a letter was received by Aktiv Kapital stating they have purchased the account from Varde Investments. With an outstanding balance of £6,893.76. They have stated they have been advised of a payment arrangement set up with Experto Credite. And although they own the account, "you should still continue to make your payments to Experto Credite" "Experto Credite will advise us of all the payments you make so we can keep your account up to date" (I have this letter) On the 16/05/2012 Experto Credite sends a statement of account as required by the CCA 1974, stating the assigned balance is £6905.76 (This is the exact original amount stated by NBNA in 2010), paid £13... (£1 every month from since agreement) and the current balance is £6892.76. She continues to pay and receives letters of settlement offers she can't afford but no statements from Experto Credite ever again (I have several examples of offers). She next receives a letter of statement Undated for 13/01/2014-12/01/2015 as requires by CCA. Giving a opening balance on 13/01/2014 of 6873.76 and the closing balance on 12/01/2015 of £6860.76. On the letter it also states Aktiv Kapital (UK) limited changed its name to PRA Group (UK). Then saying they have been assigned the account from Aktiv Kapital. "You do not need to do anything as a result of this change. We will continue to accept payments in the name of Aktiv Kapital, So no changes of payment are needed". (I have this letter) On the 16/01/2015 a letter was received from PRA to inform that the account was assigned to them, re-stating that their name had changed. Also saying "Your existing payment arrangements are not affected by this transfer and do not need to make any changes" (I have this letter). Of course still letter are still sent saying an outstanding amount, offers which she still can't afford and calls about her balance. Her replies over the phone stay the same and she keeps paying. On the 25/01/2016 PRA sends another statement saying her opening balance on 26/01/2015 is £6860.76 payments received 12.00. Closing balance on 25/01/2016 is £6848.76. Of course the calls keep coming and she keeps to the same script. On the 03/01/2017 PRA Group sends a letter to inform her that her account has been transferred to the investigations and litigation department. Saying its a letter before claim as required by Practice Direction on Pre-Action Protocols, for intention of court proceedings. She calls them up and informs them of the agreement to which they say they haven't been sent payment.... She checks every month without fault and her last payments at the end of the year show payments go through... . She argues and yes calls them a liar. don't say why or give a reason for not getting payment. On the 05/01/2017 she gets another statement from PRA Group saying they have payments received of £11.00... . So she goes back to her last statement and sees payments are being made, to the agreed. Her statements come after the 9th of every month and is actually stated on her statements... . So she couldn't check her Dec-Jan Statement. She goes with the premise that as usual they are calling to force a new agreement or get something. She gets one more letter from PRA stating again its with the Investigations Department... . Then on the21 /02/2017 she is sent a County Court Claim Form. She still only has her house to her name and zero finance ability. So she contacts me and I look into what I can but I am no lawyer... I discover Experto Credite is now under Liquidation and her Dec-Jan Statement provides a refund of that £1.00 on ironically the 4th of Jan.... One day after???! Being informed its under a investigation and litigation department.... expert credite website shows their liquidation info. This has gone way over my legal knowledge but surely PRA was responsible for informing my mother that the company was under liquidation.. . Or that they weren't paying. .. To investigate this third party who was being paid.. .. The totals from the statements also don't match up to the statement in the claim.. .. 54 is not correct that's even less. She has only missed 1 payment because it was refunded; she wasn't informed at all of anything. This can't be fair or legal. And the Claimant in their statement has completely ignored the fact there is a payment plan in effect, that they have acknowledged this plan, stated nothing will change..... I am lost in how to put a defence down, as its unfair, even though there is no signed agreement which doesn't matter anyway apparently CCA 2006, she has always paid it. any help, identifying legislation, OFT guideline, code of practice or just how to act would be appreciated. I am getting in touch with a financial Ombudsman, Citizen Advice, then gaining statements for every single month to prove payments if it matters, I have copies of all these letters. But pretty sure in a defence you can only have like 200 characters??. And defence on what grounds.... I am truly thankful for any and all help, Wayne
  3. Hi, I am dealing with a DCA on behalf of my father. The debt is in his name but he was helping me try and keep a business afloat so I have been servicing the debt. Here's where we're at: The debt was with a credit card company but the company sold the debt to a DCA in Sept/Oct The DCA wrote to my father advising them that they now held the debt and would be writing further. Nothing else was received from the DCA until early December when they sent a totally incorrect '. ..despite numerous attempt to contact you...' letter. I wrote to the DCA enclosing a letter from my father authorising me to deal with the debt on his behalf, also stating that he and his wife were finding it too stressful to handle (she has a heart condition and the debt issue is upsetting her). The letter also instructed that all correspondence be only sent to my address and that the DCA should restrict correspondence to letters only. I also enclosed a SAR. The DCA acknowledged the SAR and authorisation letter. I have discovered from my father that he has not had any statements or other correspondence from the credit card company for perhaps several years so I was hoping the SAR response would contain relevant info, but it just consists of a set of screen prints from the DCA's system. Related to this, I am mindful that Northern Rock (not involved here) recently had to cough up due to cockups with their statements and the situation here may be similar. Late Dec, despite acknowledging they would only deal with me, the DCA wrote to my father offering a monthly settlement figure - his wife was again very upset. They passed the letter to me without replying. SO.. What should the DCA be sending me to verify the debt and its value? Should I contact the CC company for other documentation/statements or is the matter solely for the DCA now? I'm not trying to avoid paying the debt and don't particularly wish to stir things up, but I don't really have any concrete info on anything (so is the debt 'in dispute'?), plus what, if anything should I do about the DCA still contacting my parents? Thanks.
  4. Can anyone please tell me who Experto Credite are, and should I be worried that they are suddenly named as the recipient of payments that I was originally paying to inturum justicia.
  5. There are posts on forums that Experto Credite are about to go belly up. If you search "Experto in trouble" in google you will find the posts. Posters are saying that Experto Credite can't pay some government department (HMRC/VAT?) and they have stopped paying staff. I have plans with them for debt they have bought from MBNA (Varde?). Should I keep paying them? I am worried that my payments will go missing or be frozen if they go bust. Anyone else here have payment plans with them?
  6. I had lost my job and made an arrangement to pay RBS via their collection agent £5.00 since 2003. In 2008 as I got a highly paid temp job, I made a written arrangement with collections agents . Bryan Carter for full and final payment in settling the obligation by paying about 65% of the outstanding. I have been contacted by RBS and Experto Credite on the debt that I settled under an arrangement paying a lower amount in 2008 via the previous collection agents Bryan Carter. I stopped paying my had not heard anything, received a statement of account or any communication until I received a letter dated 12 Jan 2015 when they asked me to provide them with a statement of income and expenditure to make a payment arrangement. I then received another letter dated the same stating that their agents had been trying and could not contact me in relation to the debt. It also informed me that they were changing agents to Experto Credite. I had unfortunate performed a clear out at the end of the year, throwing away documents for which the statute of limitations, 6 years had clearly expired. I explained the situation and sent the statute barred debt letter to them. They produced a RBS statement of a receipt of £5.00 in 5th December 2013. I do not recall making this and they cannot produce the paying-in evidence. Experto credite has stated that if I wish to rely on agents’ records I would have to a Subject Access Request to the previous agents and pay the fee. They and RBS have not provided evidence that I paid that amount. They only have a brought forward amount that is undated and then a credit of £5.00 applied on 5th December 2013. I have responded that the entry could be the result of a journal entry and they have not produced evidence that it was I who paid. They also have not stated anything about corresponding with the previous agent, Bryan Carter, who would have the paying-in slip if I had paid in that money. They also want me to provide evidence of the settlement that had taken place more than 6 years’ ago. I was considering escalating the matter to the FCA. Any advice?
  7. Here goes... I've been trying to find similar cases to my own, but have ended up confusing myself with masses of helpful advice - somebody please help. I have a Virgin MBNA card with a total debt of around £17K. I have stopped paying anything to them after the interest rate went through the roof, and I have been unable. I sent a CCA (with a postal order) on 10th May and when they phoned on 21st May I thought it was about that. It wasn't, just general hassle, so I copied the MBNA operative my letter (email) and waited. I waited until 8th July, at which point I spoke to another unsolicited MBNA caller and established that I should have sent my request to the "Customer Advocates Office", not the general MBNA Chester address. I sent another copy of my original letter (but no additional postal order). As I was typing a covering letter I took another MBNA call from a chap who began talking legalese. He asked me if I was handling this dispute myself or with help from CAG, and stated that even when the received my CCA request they needn't send me anything useful. He also referred me to the BBC website where a couple had been successful in their claim, but had been hit with an equivalent amount (£100K) in legal costs. He also said that they had done a credit check and seen that we are paying other debts (another credit card with a balance of about £1800, a £10K unsecured loan and a £250K mortgage). He said that as we were giving preference to other creditors he had done a check on the value of our property and that as there is some equity he would have a "charge" put on it to recover the debt. He added that MBNA had been successful in 90% of the cases that had gone to court. Having read other posts I like to think that this is threatening bluff, but Mrs Spoon is worried. Today the reponse to my CCA arrived - a 2 sided A4 sheet with a copy of a signature box on one side, and on the other a boxed bit of small print with "diamond" mark in the top left and some interest rates on the right. I'll wrestle with attaching copies if necessary, but it is nothing that will tell me if the agreement is properly executed. The date of the "agreement" is early 2005. Here is the twist to my case (I think). In a moment of money-worry induced madness my wife applied for the card on my behalf, and signed the document. Whilst I'm sure we spent the money, I'm wondering what I can hope to achieve by following this up. If we go down the route that my wife forged my signature are we going to get done for fraud? We have had a "kind" letter offering us reduced payments or the writing off of a proportion of the debt. What should I/we do next? Please help.
  8. I was wondering if anyone can help me. This morning I received a letter from Lewis Debt Recovery with a balance owing of £2k on a £12k loan for a vehicle purchased July 2005. |ewis want the full £2k by the 25 October. To date I've paid £10,067.75. I can't seem to work out the interest I'm supposed to be paying. I did query this at welcome in 2010 and they sent me a letter stating they had made an error in my favour off 200 pounds and it also says in the letter that they find that the figures on the contract do not reflect the correct total amount repayable. I have no issue paying off the arrears but i think they maybe ripping me off on the interest. Is there anyway someone can help me calculate the interest charges as I seem to get nowhere with Welcome. there's no way possible that i can pay two grand by Tuesday of this week. The vehicle wasn't mentioned in the final demand and just wanted to know if they can take the car. will lewis group accept any payment plans once I know for definite that the interest is correct. thanks
  9. Afternoon all, I received a letter a while back of Experto Credite regarding a welcome finance loan that went statute barred nearly 3 years ago chasing it, thought nothing of it and left it. It would appear they have now obtained my mothers mobile phone number and have been harassing her today. I have just spoked to them on the phone to ask them to immediately stop ringing my mums number and also to advise this debt is statute barred and unenforceable, they kept asking when will I start a payment plan and I told them where to shove it. Has anyone else with old Welcome accounts been receiving letters/calls of this company for barred accounts. Also, can any action be taken regarding them acquiring family members phone numbers?
  10. On the 6th may I received a NOA letter from Experto Credite (copy attached NOA Experto 6) which I knew nothing about as my last dealings with Welcome were about six years ago and to the best of my knowledge satisfied. I then received a second letter on the 23rd May stating that as I had not replied to the first letter they would be registering the debt with a CRA. (see attachment Experto Credite 23.6) I have checked my cra files with both Noddle and Creditexpert and the only reference to Welcome was in an archived Creditexpert report dating back to November 2013 (copy of relevant section attached). Please advise as this is the first I know of any problem.
  11. Hi all, new here and hoping for some advice with ref to an MBNA credit card. The card was taken out in 2006 according to my CreditExpert file. I think the account was transferred to Experto around 2009/2010, at least I have a letter from them dated Oct 2010. Around this time I was struggling hugely financially and I was receiving letters regarding various debts on an almost daily basis. I have letters from Experto Credite, Credit Management Consultants and Aktiv Kapital since then until the present time, various threats, discounts offered (which I hadnt been in a financial position to take advantage of). On Oct 29th 2013 i received a letter from IND Ltd titled 'Last letter before legal proceedings' informing that AK had appointed IND to collect on its behalf and I had until 12/11/2013 to pay off the £5976.25 in full before a claim form would be issued in Northampton County court. on 4/11/13 I CCA'd Aktiv Kapital and IND plus also sent a SAR request to MBNA as I'm very sure there was PPI on this account. No response from IND but Aktive responded immediately with a letter stating that whilst they endeavour to obtain documents within prescribed time scales, they may be unable to do so as they are not the original creditor and that my account is on hold and has been removed from the collection process whilst they await the requested information. Not heard anything form anyone until today when I received a claim form from Northampton(CCBC) issued 2/12/2013. I immediately remembered I forgot to respond to Aktiv after they failed to provide me with a CCA after their 12 days had expired. Particulars of claim: The claimant is the Assignee of a debt(s) due in relation to a/various Credit Agreements regulated by the Consumer Credit Act1974 entered into between MBNA Europe Bank Ltd and the Defendant. Notice of Assignment was provided to the Defendant by the Claimant in writing. The agreement was terminated upon the defendant failure to comply with the terms of the Agreements and or the Statutory notice of Default served by MBNA Europe Bank Ltd. The claimant complied with Section III and IV and annex B of the PD of the Pre-Action Conduct. And the claimant claims: Credit card account number XXXXXXXXXXXXXXXX balance of £6000 as of 30/01/10. Interest under s69 of the County Court Act 1984 at the rate of 8% a year from the default date to 2/12/13 of £1,786.43 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 1.31 AND costs. I cant recall seeing a Notice of Assignment or Notice of Default What should my next course of action be? Should I send that letter to Aktiv now or is it too late? I'm trying to read as much on here as possible about these sort of things as well as PPI but until now i'm a total newbie at this and am not sure what to do next. Any help much appreciated. Regards Daniel
  12. Split out from http://www.consumeractiongroup.co.uk/forum/showthread.php?396381-Observations-please-on-how-I-hope-to-deal-with-a-number-of-debts , addressing a group of debts. CCA letters sent, now posting individual cases separately as each progresses: ************** This relates to the third of the four, a debt in respect of a defaulted Nat West loan with £5 per month being paid to/via Intrum Justitia to whom I sent a CCA letter just over a week ago. I have now had a response from Experto Credito advising that they have taken over the account from I-J, and I am to deal with them henceforth. They then state that all CCA letters should be sent to The Royal Bank Of Scotland along with the £1 fee, and provide a Southend-on-sea address. No idea where RBS fits in to this, unless Experto Credite is part of the organisation maybe. They have not returned the £1 Postal Order. I believe that it is the duty of someone receiving a CCA letter to pass it forward to whoever is the right person/office to deal with it? I don't object to redirecting my contact if it is needed in order to move things along, however if there are established processes already in place especially to take care of this I would prefer that a) people know they have a duty, b) people do their job, 3) nobody wastes their time. So does this letter deserve a response from me, presumably at least to point out that they have hung on to my £1 if not actually to point out their obligation? Any suggested phrasing or quoted regulations would be much appreciated if so, thanks! Or is it simpler just to CCA RBS anyway per their letter as I can do that instantly and avoid letter ping-pong?
  13. I just recieved the documents back from Welcome Financial after the SAR Request. Within all its contents, there no no mention of them sending me a default notice, no copies of the default notice nor have they mentioned the postal of such notice in the Account Collection Notes that they have provided. It does mention that a Default sum notice was ISSUED on 02/01/2009 and the default was placed on my credit file on 11/05/2009, but I do not recall recieving any default notices. What suprises me is with the SAR documents they have sent a Default notice dating 23/11/2010 with no signature and with my address wrong on it. A letter is also enclosed stating the issue of the default notice also dated 23/11/2010, no signature and wrong or part address. This has really confused me, why are they sending me default notices dating couple weeks back with no signature and wrong address with the SAR?? If they have sent me a default notice BEFORE they placed it on my credit file, why did they not provide it with the SAR?? If the default was placed on my file in 2009, why are they sending one dating 2010? PLEASE SEE THE ATTACHED LETTERS BELOW: Default Letter.pdf Default Notice.pdf
  14. I have today received a letter from Experto Credite who have said that they have been instructed by Intrum Justitia to collect a debt purportedly owed by me. I have no idea who either of these two companies are and will be sending the Prove It letter, but as they have sent it to me in my maiden name do I type my maiden name or my married name? I have also been married for 10 years so it could be a statute barred letter going next anyway! Any advice very much welcomed.
  15. Hi All ... I'd be grateful if someone could advise me on this matter, please. In June I received a letter (dated 08/06/12) from a company I'd never heard of ... 'Experto Credite' ... claiming that I owe £355. The letter states: "Your account details have been passed to us by National Westminster Bank PLC to act as a collection agent and we will now be dealing with your account. If you are making payments to Intrum Justitia then there is no need to contact us as we have taken over the management of this account but the address and bank account remain the same, so we will continue to receive your payment." I immediately wrote to Experto and asked for further details of the alleged debt. I received their reply this morning. Apparently the debt relates to a NatWest credit card that I had in the year 2000(ish!) I was made redundant in 2001; fell into arrears with the monthly payments; and NatWest took me to Court so I was lumbered with a CCJ. I then started to make regular payments ... and once the debt had dwindled significantly, NatWest transferred it to a DCA called 'Intrum Justitia'. This was on the 8th May 2003. I was paying 'Intrum Justitia' £30/month, but missed one installment so they transferred the account to 'Geoffrey Parker Bourne Solicitors' (NB: they call themselves 'solicitors' but they're just a DCA). Now as far as I was aware, I continued to pay 'Parker Bourne' until May 2009 when I assumed (by my own calculation) that the debt had cleared. So I am completely confused ... Why would 'Experto' think that I might still be paying 'Intrum' when the debt was moved on to 'Parker Bourne' and repaid? At the end of the letter 'Experto' write: "Your account has been placed on hold for our client to respond to your request". But who is their client? And if I still owe money to 'someone', then why haven't they been in touch with me during the past 3 years?
  16. HI guys I received a letter from Natwest stating that they have been trying to contact me for outstanding debts that I did not know about (they have not), they have now passed it onto Experto who will be contacting me. They have supplied no details so I do not know what this pertains to, so should I phone Natwest directly, or should I wait for Experto to contact me? I have now for the first time in years applied for my credit file to see if anything has been put on there. IN the past I would have ignored these letters, but this forum really has helped me to be proactive. Thank you in advance.
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