Mbna

[exchange]

Bloody hell Cap!

Sounds like the run of luck (i.e. none!) I had last year.

Do keep smiling and be grateful when a day has good news.

Exchange.

[squidward]

Flipin' eck Cap

 

I thought I had it bad !

 

MBNA are off my case for the time being -my file is in the "Freeze interest and charges dept" since last September, Just pay them a v small token payment gonna do a full and final when funds permit.

 

Squidy

[rainbow moon]

Hi again caps, just to let you know I have got a letter from experto this morning - seems they have figured out that they have been quoting the wrong account number on thier letters - have you got one yet? I will update my thread with the letter. I want to know how we stand with this one. Rainbow x

[Capricorn1601]

No wont see the post until I get home tonight. Im curious to know where that leaves us.

[willtheywontthey]

ditto - also got same letter stating their legal department advised them of their mistake or something like that.

 

any idea if this was / is something important? Seems a bit overly kind of them to inform us of something unless it would have (still does?) mess up their position?

[Capricorn1601]

Nothing in the post for me, from either MBNA or Experto. Havent had anything really from MBNA since the DN in December. Very quiet.

[Capricorn1601]

Got my Experto letter apologising for the error in the account number. Makes no difference to me. Unlawful recind letter sent earlier to MBNA - terminated, and I wont let you reopen hehe.

 

As for Experto, no reply from bemused letter, so I will let sleeping dogs lie until I hear from them again.

[blueotter]

Capricorn,

Funny you should mention that about experto,they've ignored my letter to them as well,i shall resend it recorded now.

Incidentally do you think you can point me in the direction of a unlawful rescind template/letter so i can take a look and see if i should be doing the same please.

[Capricorn1601]

Hi

 

 

this is the one I sent them:

 

With reference to the alleged debt to your company, I refer to your Default Notice dated ***** 2009, posted second class and received by me on *******2009, and your subsequent actions confirming your previous written intentions to terminate the agreement.

 

Notwithstanding that the default notice failed to give me the required statutory time in which to seek legal advice and/or remedy any alleged defect, as laid out in s87 of the CCA 1974. Your actions have resulted in insufficient time for me to even obtain an appointment with a solicitor let alone remedy the alleged default. Your actions have lead to you unlawfully rescinding the agreement.

 

I hereby write to you confirming my acceptance of your unlawful termination of agreement.

Please be advised that failure of a Default or Termination Notice to be accurate not only invalidates such notice (Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 199 but it is an unlawful rescission of contract which would not only prevent the Court enforcing any alleged debt (Wilson v First County Trust Ltd (2003) UKHL 40, Wilson V Robertsons (London) Ltd(2006) EWCA Civ 1088, Wilson v Pawnbrokers (2005) EWCA Civ 147) - but would also give the claimant a claim for damages in the sum of £1000 (Kpohraror v Woolwich Building Society (1996) 4 All ER 119).

Also note that you may not reissue a valid Default Notice without first reinstating the agreement, in which you need my written consent to do so. So consent will not be given.

Therefore I expect your response to be confirmation that the balance has been cleared and is now ZERO, and that any notes or defaults placed on my credit file will be removed with in 1 month.

You have 14 days in which to response. Please be advised that I reserve the right to commence legal proceedings without further notice.

[blueotter]

Thanks ,I'll take that on board,interested to see how you get on against them.Experto denied receiving my letter so i have to resend it recorded delivery now !

[Capricorn1601]

Have you been in touch with Experto? I took the zero response to mean they were ignoring me. Havent actually asked them if they received by bemused letter.

 

The unlawful recind letter is for MBNA, not quite sure if you meant you would send this to Experto.

[blueotter]

Hi,

I rang experto to see if they'd received my bemused letter .they haven't,so will send a gain but recorded to make sure they get it.

 

Mbna said that they'd sold the account to experto and as far as they were concerned that's the end of the matter,no default letter supplied by them.

Presumably i have a case for unfair recission although i've read before on the forum that mbna are entitled to sell the account on without sending out a default letter,its all so confusing !

What's your take on it ? the cca they sent me a while ago is just an application form and been confirmed on here that it doesnt look enforceable but i've been making a token £5 payment anyway.

I think mbna have just been doing their usual and racking up enough charges on me to make the account attractive to a dca like experto.

[diddydicky]

\I would condense your letter to something along these lines

not a wise move at this stage to tell them of their failings

With reference to the alleged debt to your company, I refer to your Default Notice dated ***** 2009 and your subsequent actions confirming your previous written intentions to terminate the agreement.

I accep your unlawful repudiation of your obligations under the agreement and consider myself releived of any continuing obligations under it.

 

Kindly advise me of the true amount of arrears that were outstanding at the time of the unlawful termination of the agreement,against which i may have a counterclaim for damages.

 

Yours sincerely

 

 

XXX

 

 

 

[Capricorn1601]

Hi Blue Otter

 

No Dn eh? thats interesting. Well if MBNA have sold on the account then you should accept their termination. Not too sure how you would word it as unlike most of us you havent received a faulty DN. I have another case with LLoyds which I am waiting to know how to word it as their dates allowed the 14 clear dates, but they did not have the other prescribed format terms ( 2 faults to my knowledge). Not sure if this also makes my other DN faulty?

 

So back to Experto. Im sure you must have been told this before, but never ring them. Never talk to these people on the phone. If they didnt have your contact number before, they will now. Thats how they like to harrass you. I havent had any feedback from my letter. But as far as Im concerned they have received it. If a letter is not returned to me then I can deem it as been sent. Important ones I must admit I do sent recorded, and this has worked out well for me. I am currently taking action against LLOyds for failure to supply me with a SAR. The ICO have investigated and firstly came back to me and said LTSB didnt receive, but they had forgot that I sent the letter Recorded mail so I have proof they did. I also have letters where they have referred to the SAR.

 

For me. Im going to sit back and wait for their next move.

[Capricorn1601]

Just thinking the other day, it had all gone quiet. Tonight came home to an envelope from Experto containing another copy of my MBNA CCA. I didnt ask for this, and am left wondering what their next step is likely to be. Any clues anyone?

[Dotty50]

Hi Capricorn,

 

I have heard nothing since they wrote to me advising of the purchase of my Virgin card account on 2nd March.

 

Just waiting for SAR to check sale details before accepting UR if applicable.

[LB145]

Hi Capricorn - Dotty referred me to your thread - I (my OH) to received a copy of my CCA from Experto - um should I say Application Form!!! and reference for me to contact them. Subbing

[Capricorn1601]

hi there LB145, welcome onboard.

 

Nervous times ahead. Both my disputes have been quiet for months but now both have crawled out of the woodwork. I could really do without their hassle and am unsure what to expect. I will post up as soon as I receive anything from either MBNA or Experto.

[LB145]

Just realised my 1st year anniversary of standing up against these muppets and requesting a copy of the CCA's (several accounts) has passed this week - I think I'll save the bubbly for the day that I can wave goodbye to them!

 

My other MBNA (Account 1) is waiting for Direction from Courts - that was not purchased by a DC - straight to court! read my thread it makes interesting reading!

[Capricorn1601]

Hi all

 

well all has been quiet on the MBNA front since the out of the blue copy of my application form was sent without request from Experto Credite. Tonight I have received this:

 

SETTLEMENT OFFER

 

We are writing with regards to the above account. Despite our attempts to bring this mater to an amicable conclusion, the balance on this account remains outstanding.

 

 

We are now prepared to accept a reduced settlement amount of 50% which will be accepted as full and final settlement of this matter.

 

 

blah blah must be in place by 30th November 2010.

 

 

 

Now for one thing what attempts to bring this mater to an amicable conclusion. I havent communicated with them, nor they with me??? I take it this is a standard letter and many more of you will be receiving yours if you havenot already done so.

 

It was my understanding that when MBNA defaulted me without sufficient notice before xmas, and I sent them a unlawful thingy letter, then legally all I do owe them is the outstanding amout ie the amount which should have brought my balance up to date, minus all the charges and interest whilst the account was in default.

 

Please advise on my next steps

 

 

Caps

[Dotty50]

Hi Capricorn,

 

They sent me what they purported to be my CCA in August but not heard from then since!

[Capricorn1601]

HI all

 

Had another letter, this time from Credit Management COnsultants, who claim to have been instructed by Experto Credite to recover the full amount. They want the money by 23rd November or are threatening to send a field agent to my house.

 

How should I proceed?

[Dotty50]

Hi Capricorn,

 

Had the same letter last week from them, not replied yet and may just file it. If you look at the bottom of the letter you will see that CMC are EC so I would not be too concerned.

 

It's coming up to the end of the month so I guess they have targets to meet!

 

From what I have read on here, the next letter will be a highly discounted F & F that you simply cannot afford to miss!

 

Just read your post on my thread, I see you have already had the discount letter!

 

Seems we are all going round in circles.

Edited November 24, 2010 by Dotty50

[Capricorn1601]

Thanks Dotty, yes had my EC discount letter first so was wondering what they were playing at

[Capricorn1601]

HI all

 

Another letter today, dated 29th November but arrived today 3rd December,

 

"As you are aware from our previous letter, we have been instructed by Experto Credite td to contact you in relation to the above outstanding debt.

 

You have disregarded all efforts to resolve this matter amicalbly. Failure to respond to this notice within 7 days of the above date may result in Solicitors being instructed to consider the following action against you:

 

A County court claim form being issued

A Judgement being obtained which will add costs and statutory interest

A baliff warrant may be served for seizure of the goods

An attachment of Earlings/Third part debt order

A charging order against your property

 

To avoid these possile legal proceedings being issued, you must contact us within 7 days....."

 

Any advise from anyone who has experience these low lifes please?

 

Should I respond and if so how? Do I leave it cryptic and say "with reference to your letter dated 29th November, received duly on 3rd December, I refer you to my letter to MBNA of 13th January"?

 

Please Advise