Elgrand vs MBNA

[Elgrand]

Hi Summerbreeze & CB.

 

Thank you so much for your comments

 

But for me, I am not prepared or even able at this time to make any deals with mbna and i know it may end up at some point with a nasty dca chasing the full amount.

 

I am however going to stick to my guns and see this through to whatever ending it may take.

 

I have recently sent another letter with more probing questions asking for them to prove the balance carried over for the period that they have not supplied any statements for. I have raised the points that have been discussed in earlier posts and am awaiting some sort of response.

 

So far, they have skirted around the issues i have raised, even ignoring them completely. as i have mentioned in my earlier posts, the statements they have sent show they owe me money, i will keep pursuing a reasonable response and see where that leaves me.

 

Elg.

[Elgrand]

Just a quick update.

 

Have received a default dated 07 Sep received on the 09th Sep.

So deemed served 10th Sep.

It states to remedy this breach you must pay the FULL amount BY the 24th Sep, so take away the weekends that makes 12 days.

 

They also state the paragraph 8f as the breach and have used a different account number as has been quoted on many of the other MBNA threads.

 

Got a letter from DCA dated 23rd Sep saying they have bought the interest of this account and demanding all future payments and correspondance is sent to them, they have quoted the same oustanding balance.

 

It seems that MBNA have sent out a job lot of these defaults to other caggers on the same date and who have also had the same letter from Experto that i have had.

 

So if i'm right, it is a dodgy DN and been sold before the remedy date as Experto have sent me a letter dated before the 24th.

 

Not replied to the DCA yet, but they are trying to make contact by phone.

Never received any notice of assignment from MBNA

 

Interestingly MBNA are sending me emails urging me to make contact regarding time sensitive information.

 

I have now sent another SAR asking specifically for the comms list to further highlight what has been going on behind the scenes.

 

Elg.

[citizenB]

Just a quick update.

 

Have received a default dated 07 Sep received on the 09th Sep.

So deemed served 10th Sep.

It states to remedy this breach you must pay the FULL amount BY the 24th Sep, so take away the weekends that makes 12 days.

 

They also state the paragraph 8f as the breach and have used a different account number as has been quoted on many of the other MBNA threads.

 

Got a letter from DCA dated 23rd Sep saying they have bought the interest of this account and demanding all future payments and correspondance is sent to them, they have quoted the same oustanding balance.

 

It seems that MBNA have sent out a job lot of these defaults to other caggers on the same date and who have also had the same letter from Experto that i have had.

 

So if i'm right, it is a dodgy DN and been sold before the remedy date as Experto have sent me a letter dated before the 24th.

 

Not replied to the DCA yet, but they are trying to make contact by phone.

Never received any notice of assignment from MBNA

 

Interestingly MBNA are sending me emails urging me to make contact regarding time sensitive information.

 

I have now sent another SAR asking specifically for the comms list to further highlight what has been going on behind the scenes.

 

Elg.

 

Sorry, you have misunderstood the "weekends". If the DN had been posted on a Friday, then you can discount the weekend. It wasnt, the 7th was a Monday. You disount Monday as that was the day of posting.

 

The only things I can see wrong from your description is that they assigned/sold the account on before the remedy date and they have asked for the full amount. The DN can only ask for the arears.

 

Their time sensitive information is a bit worthless if the account has been passed on I would have thought. They either own the account and can offer you a discount or they dont in which case it is up to the new owner to discount or not as the case might be.

 

HTH

[Elgrand]

Thanks CB

[Elgrand]

Here's the DN.

Asking for full amount.

[Elgrand]

Here's the DCA letter dated 23rd

[guzzleguts]

Hi Elg

 

Was the letter 1st or 2nd class for the DN, if it was 1st class the dates look ok unfortunately. But something isnt right, i didnt think they could demand the full balance until the account was terminated or the DN had run its course.

 

GG

Edited October 13, 2009 by guzzleguts

[Elgrand]

Hi GG,

 

I'd say it was first class as it was dated 07 and received 09.

 

As CB pointed out earlier, i had misunderstood the weekend bit, i'm afraid i had a bit of a moment there!

 

Elg.

[guzzleguts]

But they are demanding full balance on the DN, i thought they had to serve the DN first, and once it had expired then they get the benefit of section 87, not before.

 

87.—(1) Service of a notice on the debtor or hirer in accordance with section 88 (a "

default notice ") is necessary before the creditor or owner can become entitled, by

reason of any breach by the debtor or hirer of a regulated agreement,—

(a) to terminate the agreement, or

(b) to demand earlier payment of any sum, or

© to recover possession of any goods or land, or

(d) to treat any right conferred on the debtor or hirer by the agreement as

terminated, restricted or deferred, or

(e) to enforce any security.

(2) Subsection (1) does not prevent the creditor from treating

 

Or am i loosing it, probably:D

 

GG

[Superlandlady]

Hi,

 

I've got the two letters from them, exactly the same as the one above. These are the templates letters.

I intend to write them a 'Third party intervener letter' (get lost letter), which worked witht the Green & Co solicitors representing Royal Bank of Scotland (Mint). They wrote to me saying they are closing my account and passing it on back to Mint.

 

I can post the letter here if you want once I finsih with it...

 

I don't think you are looking at the right direction. These people are third party which no first hand knowledge of you or your situation.

 

The trick is not to contract with them. All the letters I've written to any third parties have explicitly denied exsitance of any contract with them.

 

NB: I forgot to point out the following: Even thought they appear to be a fully liscenced debt collection agency with Class 3 liscence given to them by the Office of Fair Trading when they become a limited company (previously they were operating as a Limited Liability Partnership) - you do not have to contract with them. They are still the third party intervener and have no legal standing in your commercial affairs. If you want to put faces on the names, they have a very professional website http://www.expertocredite.com/. This is a limited company which whom you have no legal contract (unless you admit you do). They are in business of getting your money buy all means available - if you let them. In truth, since there is no valid agreement that can be produced by your initial "lender", than - there is no agreement. If the default notice is issued already, your credit rating is already affected. The next step is littigation and that is a very expensive enterprise. In the court of law, the burden of proof is with the Claimant. So, fear not. Rembember, this is a legal entity, a limited company, and they cannot harm you in any way.

 

 

 

Thanks,

SLL.

Edited October 13, 2009 by Superlandlady
missed out info

[citizenB]

But they are demanding full balance on the DN, i thought they had to serve the DN first, and once it had expired then they get the benefit of section 87, not before.

 

 

87

.—(1) Service of a notice on the debtor or hirer in accordance with section 88 (a "

default notice ") is necessary before the creditor or owner can become entitled, by

reason of any breach by the debtor or hirer of a regulated agreement,—

(a) to terminate the agreement, or

(b) to demand earlier payment of any sum, or

© to recover possession of any goods or land, or

(d) to treat any right conferred on the debtor or hirer by the agreement as

terminated, restricted or deferred, or

(e) to enforce any security.

(2) Subsection (1) does not prevent the creditor from treating

 

Or am i loosing it, probably:D

 

GG

 

No GG.. you arent losing the plot:lol: They cant ask for the fulll amount a DN, that has to be a Final Demand or termination letter.

 

This Experto Credit are new kids on the block arent they ?. Perhaps all the other DCAs have become wise to the rubbish accounts they were buying

 

Superlandlady, that would be good if you could share your letter once you have put it together, Thank you.

 

Elgrand.. wait and see what SuperLL shares and see if it suitable for your situation. Certainly, I would be denying any contract with the DCA.

 

 

 

[Superlandlady]

Hi all,

 

I've sent a letter to Experto Credite today. Before I post this letter on this forum (i'll do it tomorrow as I need to edit the personal info out), I must caution you as follows:

1. under NO circumstances, ever copy (word for word) this letter as it is NOT a template, not legaly verified. It is only based on my own experience and research. You should rather use is as a guide line, inspiration and do your own research so if your are called up to explain what you've meant, you can do it comfortably.

2. I would strongly advice anyone reading this letter to study (very carefully Contracts (Rights of Third Parties) Act 1999. Just Google it and you'll find lots of info on the Internet.

3. There are some processes that I've employed (different from those on this forum) therefore making references to any such processes must not be made.

4. Also, please note that I normally serve Section 10 of the Data Protection Act 1998, which is rather effective. I will post the PDF link as well tomorrow. This has worked for me with DVLA who were persuing me (wrongly) for the late liscencing penalty then sold the £80 debt to a rather viscious DCA, as well as with various other DCA. I would suggest that familiarising yourself with the DPA 1998 will give anyone quite a bit of peace of mind. We do have some rights under this Act.

5. The practice I've adopted a while ago was to send a Shedule of Fees to people who want to discuss my private financial matters and have no legal standing or power of attorney to interfere. It is an effective deterrent. This is a very private way I deal with things so anyone interested in addopting this approach should really know what they are doing.

6.Nothing that I say or post on this Forum represents legal advice. Anyone should use their own common sense, perform due dilligence and their own research. I am not a qualified legal advisor and I caution anyone to educate themselves as much as they can.

 

See you tomorrow.

SLL.

 

[Superlandlady]

Hi all,

 

Here is the letter. Please do not copy it. You should take ideas from it but also must be able to stand on your own two feet otherwise, they will discard it as a spam mail.

 

Anyone using this letter as a resourse should make themselves informed and familiar with the Statutes mentioned there in. You will find that the more you know, the less you will fear.

 

The PDF attached is for your information. Its produced by the Information Commissioner and it sets out your rights under the Section 10 of the Data Protection Act 1998. Anyone receiving letters from DCA has a legal right under this section to give a FORMAL NOTICE to the DCA informing them of:

1. the financial matter being in dispute (you can see what I've done in my letter).

2. give them a formal notice under section 10 as per the PDF.

3. inform them of the level of distress they are creating by their behaviour (make it rich!)

 

I should CAUTION you to realise this: DO NOT engage in correspondence with DCA. Any correspondence you send them, should contain some form of FORMAL NOTICE. Any letters you write can be disregarded by any court but the NOTICE cannot. Any correspondence should be (in my opinion only - this is not advice) comprising of a letter (if you want to write one) and a NOTICE. Or a NOTICE only. It must clearly state in the subject of the letter - "notice pursuant to Section......."

 

Please GOOGLE - "giving a formal notice" and learn as much as you can about notices. Have you ever wondered as to WHY all the companies and the government bodies and agencies send you only "notices"? This is a vital piece of information and it would serve you enormously to do reserach on this subject.

 

If my memory is correct, there is quite a bit of material on this forum about giving a Notice persuant to Section 10 of the Data Protection Act 1998. Please do your due dilligence. The more you know, the less you'll fear.

 

Hope this helps.

 

SLL.

 

nb: i will not be available to reply or offer suggestions between 19Oct -3rd Nov, although I will try to access internet and if I can get the access, i will endevour to provide further guidance.

MBNA - Experto Credite -Notice S10 DPA - 13Oct09-edited for Forum.doc

Section 10 DPA 1998.pdf

Edited October 15, 2009 by Superlandlady
grammar & missed out info

[Elgrand]

SSL,

 

Thank you for your very useful posts, I will certainly familiarise myself with the suggested sections.

 

CB & GG

 

Have a look at a letter i have just received regarding another MBNA account and the first paragraph.

 

I have not had a DN for this one, but it appears they are implying they don't need one.

 

[Elgrand]

Latest letter from Experto

 

Have not responded to them yet

 

[citizenB]

SSL,

 

Thank you for your very useful posts, I will certainly familiarise myself with the suggested sections.

 

CB & GG

 

Have a look at a letter i have just received regarding another MBNA account and the first paragraph.

 

I have not had a DN for this one, but it appears they are implying they don't need one.

 

 

I am sure that someone will put me right if I am wrong.. however, I think MBNA are talking through the wrong end of their body. They must follow procedure... payments missed, Default Notice sent.. for arrears ONLY. Breach not remedied.. Termination notice/Final demand sent.

[citizenB]

What I dont understand is why MBNA are still contacting you if they have passed this over to a DCA.

 

Didnt MBNA send you a DN and then pass the account over to Experto prior to the remedy date ?

 

Now both MBNA and Experton are on the case ?

 

I am sure this is against OFT guidelines.

 

I would just write back to Experto and say the account is in dispute with MBNA.

[Elgrand]

Didnt MBNA send you a DN and then pass the account over to Experto prior to the remedy date ?

 

Now both MBNA and Experton are on the case ?

 

I am sure this is against OFT guidelines.

 

I would just write back to Experto and say the account is in dispute with MBNA.

 

Sorry CB if my post was misleading. Yes they did for that one.

I was talking about another MBNA account and just wanted to highlight the part about them implying that they do not need to follow procedure.

 

Have a look at a letter i have just received regarding another MBNA account and the first paragraph.

 

I have not had a DN for this one, but it appears they are implying they don't need one.

 

Sorry for the confusion

[citizenB]

Sorry Elgrand, that's what I get for speed reading. Yes, you did point out this was for a 2nd account.

[Superlandlady]

Hi,

This is my last post before I travel tomorrow so I just wanted to point out few things here:

- the letters they are sending you are the template letters. I have them, my friend has them, the whole world has them. They are even coded (if you look at the top right hand corner). Do not panic over these letters. I sometimes get two or three of the same. I've got the default notice from MBNA three times while at the same time they've passed it on to Optima Legal, then to Experto Credite. They are trying anyway they can... the company that elicits responce, gets paid.

- choose one company to deal with (best your original "lender") and stick with them. To all others, give Notice under Section 10 and log every call, every letter, etc. You may need this later if you were to prove harrassment.

- remember, all you are trying to do is establish if there is a valid contract.

You have a legal right to ask questions.

- also remember that these letters are computer generated and they are not written by a living soul. You will never see a wet signature on any of their letters, don't offer yours either.This should tell you enough.

- there are lots of posts on this forum re. MBNA. its worth spending time reseraching.

 

Ok, that's that from me. Good luck & see you in two weeks.

[Elgrand]

Just checking my credit report and this MBNA account no longer appears?

 

Anyone any ideas why?

 

Thanks Elg

Edited October 20, 2009 by Elgrand
change wording

[WelshMam2009]

Just checking my credit report and this MBNA account no longer appears?

 

Anyone any ideas why?

 

Thanks Elg

 

That's interesting Elg...so no defaults or anything??

 

Is there another account there that perhaps you don't recognise?

[Elgrand]

No WelshMam,

not a thing, very strange.

I know they have changed the account number and sold it to Experto, but no reference to that at all.

[GeoffreyAlby]

Anyone had a text message from Experto Credite?

 

 

I have just had a text addressed to someone else quoting an unknown Ref No. "URGENT! Miss xxxxx xxxxxx Please call........ or reply to this text"

 

It seems Experto are just as incompetent and disorganised as MBNA. Twice MBNA have sent me letters addressed to me but the letter has been concerning someone else and has detailed their debt and card number.

[exchange]

I would report them to the Iinformation Commisioners Office for breaching the Data Protection Act. Won't stop them making mistakes but it will add to a growing list of complaints:D.