Mbna

[Basil Fawlty]

The "true" copy is recreated and contains what was in the original thus satisfying sec 78.

 

Thanks Paul I agree with you, but do you agree that while satisfying s78, if the application form and prescribed terms were separate and not referred to, it wouldnt be enforceable in court?

 

BF

[Basil Fawlty]

Thanks Basil.

 

Yes I remember our accounts were sold onto EC at the same time. I'll take a look at you thread.

 

What do you make of the recent correspondence?

 

 

Caps

 

Dont understand it, especially after MBNA sent me exactly the same ''reconstruction'' and said it didnt comply!

 

BF

[Old Cogger]

Anybody want a job at Experto Credite --- Job Description: - Trace Manager - £40,000 per annum + Commission.?

[Old Cogger]

Thanks Dicky

 

I've been looking them up on another thread. I noticed that down the side of the letter was a reference. THis apparently idicates that this is in fact not from HL Legal but Experto themselves trying to put the frighteners on.

 

I think I will send them the same letter I sent EC recently, which basically tells them the account is still in dispute with MBNA and to refer to my letter of 13th Jan (unlawful rescind_

 

 

Caps

 

That would be H.L. debt letters for sale @ 75p per letter, did you respond to H.L. direct as letter would tell you not to but reply to Experto only, to cost H.L. monies (Postage) etc send any reply to them, after that you probably would of found MBNA contacting you saying what they sent is legal documents (NOT).

[Capricorn1601]

Hi all

 

Well its been bliss for month, with nothing from Experto or CMC. That is until today. Just got one of their mailers "Reduce your Balance by up to 60% Today" demanding I respond before 30 June (month end deadline for accounting purposes). Anyone else got one?

[BRIGADIER2JCS]

They are probably a bit short on the holiday money:madgrin:

[Old Cogger]

Hi all

 

Well its been bliss for month, with nothing from Experto or CMC. That is until today. Just got one of their mailers "Reduce your Balance by up to 60% Today" demanding I respond before 30 June (month end deadline for accounting purposes). Anyone else got one?

 

O..H. offered 50% to-day, ( next 60%? )

[Capricorn1601]

how long do you think it will take them to offer 90% reduction?

[BRIGADIER2JCS]

Not long I guess given that noone other than the fat cat bankers has any real money these days.

[blueotter]

had a few of these offers a while back...............to be fair where once upon a time i was fighting fires on about 7 different fronts and responding to letters every other day i now find that just putting forward my case with a cant afford to pay so wont pay attitude seems to be working a treat.I have some cca's that are invalid,some that quite possibly may sneak past a misguided judge and a proficient lawyer but when i pointed out that they'd be better off bankrupting me as even if they do win i'm in no position to pay they just backed off. Restons were the most difficult but when they decided it wasnt worth pursuing i knew i was really onto something.But i'm not bluffing,i really dont have anything to give them.

[Old Cogger]

O..H. offered 50% to-day, ( next 60%? )

 

And still these idiots keep ringing it seems, when will they look at correspondence and see no CCA from MBNA only some jumped up copy produced eventually(after 1 year of waiting) showing a signature O.Hs on a application form of theirs ,no siggy area for them, (made up ) as a previous letter from them clearly states what we know was : That the alledged debt was purchased by them from another source & they have requested a copy of CCA from them (actual card was a type Reward card sent to activate, only after that you would relise it is an actual credit card, all the result of a telephone call from some call centre offering holiday rewards) .??

[Capricorn1601]

Another letter from CMC

 

"Last Opportunity Choose How much Discount You Get" ..... Your first payment must be made on or before 31st Jul 2011....... Please note that no further discount offers wil be made. Continued non-payment of your account is likely to result in legal action being taken against you.

 

Caps

[BRIGADIER2JCS]

Another load of old bowlocks.

[Old Cogger]

Another letter from CMC

 

"Last Opportunity Choose How much Discount You Get" ..... Your first payment must be made on or before 31st Jul 2011....... Please note that no further discount offers wil be made. Continued non-payment of your account is likely to result in legal action being taken against you.

 

Caps

CMC = Experto Credite - same letter received from, Experto the usual 50% for GBP50 30% for GBP30 GBP20 for 20% every way if you did it they are well in pocket, next 60% by 30th August????

Edited July 14, 2011 by Old Cogger

[Basil Fawlty]

Have Experto ever taken legal action against anyone?

[Capricorn1601]

Thanks guys, the letters albeit few and far between, still make me nervous.

[Capricorn1601]

HI all

 

All been quiet on the western front until today. Letter from Fairfax Solicitor

 

Our Client Experto Credite Litd

 

 

We are solicitors instructed by our clinet Experto Credite Limited, to obtain immediate repayment of the amout of £xxxxxxx or to take appropriate recovery action should you fail to pay.

 

You must make an immediate payment of £xxxxxxxx or telephone us today on 0113 xxxxx to agree a satisfactory solution to this matter. Payment methods are provided on the reverse of this letter.

 

Please note that if the payment is not received by xxxxxxx, we have authorty to commence legal proceedings through the court. If this action becomes necessary, there will be costs incurred for which you may become liable.

 

Please do not underestimate the seriousnes of this matter. It is important that you make payment or contact us as a matter of urgency.

 

 

 

Can anyone advise please????

 

 

Caps

[Capricorn1601]

ps letter dated 21st October, received today and only gives until monday to settle

[Dotty50]

Hi Capricorn

 

I have had the same letter from them, same dates too!

 

Only difference is that it is for a different CC not MBNA!

 

I am sure I had a letter from these a very long time ago for a Halifax CC but not heard back since!

[Capricorn1601]

so is it worthy of response? even the I do not admit this is my debt and in dispute regular letter?

 

 

Caps

[Dotty50]

That's a very good question, some on here would advise to respond, others would ignore as it's the usual empty threat letter.

 

The decision is yours to make, unless anyone has any other suggestions or had experience of these people.

 

I personally would wait to see if they send anything like a LBA but, as I say it is really your choice.

[griffin036]

Dotty, if thats NOT a lba what does one read like?

[Capricorn1601]

Is it an LBA?

 

My first instinct was oh hell they are a local company and its for real.

 

My second was this is a standard threat letter. However, no May or mights, so slightly concerned. I cant find anything much on Fairfax and their operating tactics

 

 

Caps

[Dotty50]

Hi Griffin

 

I have only had one lba and it was quite clear that a claim would follow, it specifically said action WOULD be taken, not if, may or can and gave 14 (I think) days to respond. They should comply with Pre-action protocol, otherwise they could be scuppered!

 

This letter doesn't state 'Notice of Legal Proceedings', it says they have the authority to commence legal proceedings through court, IF this action becomes necessary, there will be costs etc.

 

It is that time of year when there is a flurry of threat letters, however it is up to Capricorn to decide.

 

If the OC hasn't complied with a S.78 request then AFAIK the debt remains in dispute and legal action cannot be taken (although there have been recent instances of judges accepting recons).

 

They rely on people not knowing their rights and getting default judgements without a defence being put in.

 

.I will have a search on here for info on Fairfax to see how others have dealt with them,

Edited October 26, 2011 by Dotty50

[Capricorn1601]

thanks Dotty

 

I MAY just send them my standard letter then just to cover my back. I'm thinking its another threat and nothing too much to worry about then.

 

Caps