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Mbna Cca


ltc1607
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  • 1 month later...
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Hi itc

 

They should not serve a DN for the full amount, only the arrears, asking for the full amount would make the DN invalid IMO. Also they cant terminate the account until a valid DN has been served and the time line has expired, then a termination notice should be sent to you, but in my experience they rarely do.

 

GG

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  • 1 month later...

Have just had S A R back and the account was sold before the remedy date. I have a DN asking for the full balance and account sold before remedy date what do you think my next move should be regarding experto.?

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  • 4 months later...

I have just received a letter from experto telling me they know my financial situation has improved (THATS A JOKE) and I should now sort out my debt.I like a lot of people had a DN but the account was sold before expiry of the DN.I have done an sar and that shows the sale but I am trying to get MBNA to put in writting the date of sale and who it was sold to. How do you think I should respond to the letter just received from experto?

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Have you read the recent Harrison Vs Link Financial case. Basically Link tried it on big time they lost and I would imagine ended up with a huge legal bill this went to the high court.

 

http://www.bailii.org/ew/cases/EWHC/Mercantile/2011/B3.html

 

Lets be honest EC have behaved in a similar manner repeat calls withheld numbers you get the picture.

 

I would personally ignore them. Don't waste a stamp.

 

Pumpytums

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  • 5 months later...

Hi all

just had a letter from Experto advising me that the only way we can sort this is in court.I have a DN asking for the full amount dated 7th sept and on my Sar request it says account sold to experto not varde on the 18th sept. I then have a letter from experto dated 23rd sept saying that mbna had sold to varde.In the latest letter it says I quote you are aware that the default notice does not prevent the sale of a debt and we have nothing on file to suggest you took any realistic steps to agree payment terms with mbna or experto to discharge your indebtedness either before the expiry of the remedy period contained within mbnas original notice.It also says I will be issued with an updated notice of default in order to give me time to readdress the matter.Any ideas asto what I should do?

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Usual Experto sending out a so called MBNA letter in their own envelope (windrush House etc etc?) saying Varde have been assigned the debt? also nothing on file to suggest you have a dispute (oh. their letter threatograms are so boring) they can get MBNA to send a correct Default notice, but your dispute regarding CCA still stands?? other will further advise I am sure.

 

But of course, when experto are involved usually means no CCA or correct CCA in force, Note:- Do not speak to them on the phone - calls from 0118 etc etc is usualy Experto.

 

Also if you have a dispute with any company let them find out what the dispute is, not you telling them and just refer to a date of your dispute letter to MBNA not the contents, also send any letters if you have to Recorded Delivery everytime.

Edited by Old Cogger
:mad2::-x:jaw::sad:
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Should I reply to the letter I have just received from experto or just sit back and wait? I was going to write back and inform them that the debt was sold before expiry of the dn and that the dn asked for the full balance. A lot of us are in the same situation with experto any advice would be very welcome.

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Hi all

just had a letter from Experto advising me that the only way we can sort this is in court.I have a DN asking for the full amount dated 7th sept and on my SAR request it says account sold to experto not varde on the 18th sept. I then have a letter from experto dated 23rd sept saying that MBNA had sold to varde.In the latest letter it says I quote you are aware that the default notice does not prevent the sale of a debt and we have nothing on file to suggest you took any realistic steps to agree payment terms with mbna or experto to discharge your indebtedness either before the expiry of the remedy period contained within mbnas original notice.It also says I will be issued with an updated notice of default in order to give me time to readdress the matter.Any ideas asto what I should do?

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This does look to be a bit of a mess.

 

MBNA issued a default notice for the full amount and sold the account on prior to the remedy date.

 

So not only was the Default notice incorrect, but you would have been unable to remedy the breach anyway.

 

I believe they are permitted to send any number of Default notices .. prior to termination.. However, they are unable to rectify their error as

 

1: the account no longer belongs to them and

 

2: It has to be assumed that they charged off/terminated the account prior to selling.. so theoretically there isnt an account to issue a genuine Default notice on!!

 

You really need a more expert opinion than mine though.

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  • 1 month later...

?An update I have not heard from MBNA since the sale to Experto until today I received a cheque for over 200.00 saying they found an error in the way credits were added to my account and I was due a refund I do not have to do anything as the account is closed. Whats that all about

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I got the same letter and a refund, today, ltc. Lovely surprise, wasn't it? :-D I think it may have been because they charged a higher interest rate then they were entitled to charge: My card was originally with another company, then MBNA bought it out and increased the interest rate by 300% for no reason!!! Methinks perhaps they were not entitled to do so and are refunding their error before they get a rap over the knuckles and have to add some compensation to the refunded interest charges. Just a theory, but I'm blowed if I can think what else it is attributable to. Very odd that they are so vague, isn't it?!

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Makes you wonder what else has been added incorrectly
Indeed! They must have been forced to do this - they certainly wouldn't do it out of the goodness of their hearts! Would love to know for sure what the refund regards, so I could check other accounts for the same error.
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