MBNA sold to Experto - no CCA

[GeoffreyAlby]

CMC5 Standard template is farcical!

 

 

They are stating what their "investigations team" have established!!

[Hussy786]

Hi All

 

I received a letter from Experto Credite to make a payment on MBNA credit card. I would not go into detail but I am in the same boat as everybody else. No CCa no SAR nothing and refusing that they have any request from me . Anyway I rang experto and the man was not very helpful instead threating and I have told him unless i see anything solid from MBNA i would not discuss the matter further and he said that ok i get that sent to you but once we have done that we will be demanding full payment straightway blah bah.

Their letter states that they know where Am I? what I do? and where Am I hiding from them blah blah

It is quite scary .

please help as i am upset and have no money to pay ........

IVA Bankruptcy and debit managment all beyond me as i am unable to afford any of these.

urgent help please

[pumpytums]

Hi Hussy,

firstly don't ring these "people" up and use that term very loosely.

The whole point of a DCA is to try and squeeze every penny they can from you. For this reason NEVER phone them if they wish to lie and tell you untruths let them do it in writing. Exspurto send silly text messages and phone up even when told not to. The good news is that it's probably unenforceable as these monkeys buy them cheap.

 

Do you have a default notice from MBN@? Does it ask for the full amount? Have they given the correct amount of time? Start a thread in the MBN@ forum you will get loads of help, people here love mbn@. If you can scan your letters up remove any personal info though.

 

Have you sent a CCA request and SAR to MBN@?

 

Pumpytums

[LB145]

Sent letter to MBNA informing them that it has been 91 days since they received my SAR request acknowledged by them on 1st & 5th March promising to resolve by 2nd April!!!!!!

[vint1954]

Off to the ICO then

[LB145]

Off to the ICO then

 

Hi Vint - please elaborate for me and any others (of whom there are many) that may be in the same situation - thx

[vint1954]

Well if they have not supplied your SAR after 91 days, then you need to complain to the ICO.

[pumpytums]

Have you sent a letter before action to MBN@? That should also perk them up.

 

Pumpytums

[LB145]

Have you sent a letter before action to MBN@? That should also perk them up.

 

Pumpytums

 

Yes sent a letter to MBNA no response back yet - although Experto has started phoning all the numbers again - even my mobile - this is my OH's account.

[LB145]

Sorry not updated recently needed to help friends with personal issues (very time consuming especially when you haven't got much of it - but us Caggers know we all need good advice and support )

 

Still no information re SAR from MBNA we are way past 100 days now!!!

 

REceived another letter from Experto - "despite our attempts to contact you in relation to the above matter, we have yet to receive direct contact with you, by telephone or correspondence" followed by the usual rubbish of your account is registered at the Credit Bureay, you will have trouble obtaining credit inthe future blah blah blah - um err... was those the phone calls when I told them to "read your correspondence that has been signed for" and promptly put the phone down.

[LB145]

Experto sending text messages to my phone - told them on many occassions this is not my other halfs phone number!

[pumpytums]

I believe many people have received "Fantastic Offers" from Exspurto via text, maybe they don't want you to miss out? Or maybe they are just a bunch of inept threat monkeys.

 

Pumpytums

[Dotty50]

Still not heard a thing since early March!

 

Tempting fate!

[LB145]

Still not heard a thing since early March!

 

Tempting fate!

 

Hi Dotty - good to hear from you - Still no response from SAR request - have been really busy and have finally sent complaint to ICO - very straightforward - emailed rather than posted just more scanning of documents! This is the link below if needed. Experto are still calling my mobile, sendign texts etc. Will try to send another letter of to them tomorrow.

 

My other MBNA is in court soon for SJ hearing - fingers crossed and everything else for that matter that I keep my head and talk without tripping over my own words! :eek:

If not contact the Information Commissioner`s Office (Information Commissioners Office )

 

Complaints - Access to Information and Personal Information Rights - Information Commissioner's Office (ICO)

 

 

[Dotty50]

Hi LB,

 

Wonder if ICO will be as efficient in responding to you!

 

I hope your other case goes ok, I really dread anything landing on my mat from court but there just doesn't seem to be any pattern or reasoning why people are singled out!

[LB145]

3 letters arrived today from Experto!!!

 

Letter 1 - "I write further to your recent correspondence. As we have no contact telephone number for you, please call me directly on ******* that we can discuss the content of your letter in detail."

 

Letter 2: Exactly the same as Letter 1

 

Letter 3: "I write further with regards to unanswered previous correspondence.

 

MBNA have informed us that any requests regarding SAR or copy agreement was declined as the same was dealt with earlier last year when originally requested.

 

They have also informed us that you stated the debt would not be paid unless a full and final settlement was accepted, which it was not and no figure was mentioned anyway.

 

Please not that should we not hear from you by return with regards to you immediate proposals to settle your liability , we will be left no option than to instruct our solicitors to issue you with a statutory demand and you will then have 21 days to pay the above balance in full" their spelling errors not mine!

With regard to the full and final settlement - they MBNA sent a letter regarding a partial settlement and followed with a call - not normally speaking with them on the phone my daughter actually passed the call onto me and it was stated that a Partial settlement would not be acceptable as the debt would still be recorded on file - it ws stated that their would be not partial settlement only a full and final if we agreed the amount! MBNA then sent a letter regarding Partial settlement and a date to settle - there was only one phone conversation and the letter was not replied to as it did not offer the Full & Final !

Any comments?

[pumpytums]

So good old Exspurto show their true colours what a complete bunch of muppets. Issuing a SD is a complete abuse of process, it can easily be set aside.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/258608-capquest-have-issued-statutory.html

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/155477-sd-received-post-day-3.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/260863-statutory-demand-cap-quest.html

 

If they send you one contact postggj he is great with them.

 

The other good news is that you will probably get costs £300ish.

 

 

Firstly Exspurto cannot issue a correct SD as they do not own the debt have they ever sent a NOA saying they own it? Nope it's good old Varde.

 

Statutory demand generally used as a bluffing technique, why issue a SD when you can simply take someone to court and get the lot + costs. They still have to prove they are entitled so the CCA, DN etc all have to be in order.

 

Our "special" friends usually issue these when they get a whiff of a settlement offer.

 

Have a look at postggj threads especially the one he answers to.

 

If you get a SD it will probably come from Fairfax sols their "tool" of choice.

 

One more thing have MBN@ sent you £10 back for the SAR they wont be sending you.

 

The relevant act is as follows:

 

http://www.opsi.gov.uk/acts/acts1998/ukpga_19980029_en_3#pt2-l1g7

 

I don't believe they can refuse to send your SAR.

 

I hope this helps.

 

 

Pumpytums

Edited June 24, 2010 by pumpytums

[LB145]

Thanks Pumpy I will have a read when I get a moment - much appreciated.

 

no £10 has not been refunded or any indication from MBNA that they were refusing to send it. Also no CCA has been sent only the Applicatin Form several times again and again - still this is not a CCA!

 

DN was faulty and debt was almost probaly sold to Varde prior to the settlement date on the DN as their letter came dated the next day - probably the reason that they are refusing the SAR request!?!

[pumpytums]

One more thing LB145,

did you send the SAR to MBN@ or Explurto Clowneqie?

 

Pumpytums

[LB145]

One more thing LB145,

did you send the SAR to MBN@ or Explurto Clowneqie?

 

Pumpytums

 

Requests sent to MBNA -previously requested May/June 09 they sent package on 10th September 09 obviously things progressed and I sent a second request Feb 2010 to get the latest info kept on file! Both with £10.00 PO of course

[Dotty50]

Hi LB

 

I see pumpytums has given you some links regarding SD's, I was reading some threads about these recently and at first sound a little alarming but you then see that it seems to be another scare tactic!

 

I know we are always advised not to call but wonder if you should contact the data controller, in order to get your SAR. As you say maybe they don't want to send the later information because it will give you the evidence of UR.

 

Don't really know what else to suggest, sorry.

[pumpytums]

I would consider writing a letter to Exspurto again acknowledging no debt to them and simply ask why are they replying to the SAR request you sent to MBN@. The muppets at EC have absolutely zero input in this and to be frank it's none of their business. I would then get in touch with the ICO and report MBN@ for their breach.

 

 

Read up on the SD, and just familiarise yourself with them and the process at getting them set-aside. It's pretty straight forward and postggj loves to help with them. He is great. One more thing if EC are stupid enough to get their solicitors to send a SD once it's set aside they can never pull the same trick again.

 

One more thing LB, just check out the following link:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/261741-statutory-demand-sos-can.html#post2969044

 

The Claimant was put as Varde but with Heidi they tried the trick of Pre-dating it then posting it to her which is very naughty indeed.

 

Pumpytums

Edited June 25, 2010 by pumpytums

[LB145]

Hi Pumpy - thanks for the input have been reading throught the SD links you suggested - and trying to get my head around it - I never realised that an SD is the start of bankruptcy - this acct is my husbands and it is now OVER £18K - we are both self employed and home owners (MORTGAGE) - so I suppose this is their scare tactics! Will send a letter to 'Experto today if I can get my computer sorted - my computer has freaked out and shut down on me telling me that my windows is not activated - probably a virus - fortunately my son has left his laptop at home and found it whilst clearing the crap left in his room!so I am able to post on here

[pumpytums]

I have never heard of Exspurto actually seeing a SD through they have issued them though. Just something to be mindful of, it's an old trick that most DCA's have grown out of. As Exspurto cannot even seem write yet though it's no surprise they resort to such Kindergarten games.

 

Pumpytums

[LB145]

I haven't writen to Experto since last letter as been busy on other thread - today phone call to house - told him OH not in - starts going on about not responding to letters - get husband to ring - told him that wont happen doesnt get in till late - next thing my mobile ring "Oh Mrs ? your answering your husbands mobile as well" No this is my mobile I reply stop calling it - he wont answer it as its not his -" WILL KEEP CALLING UNTIL HE REPLIES AND GIVES US ANOTHER NUMBER"

 

eXTREMELY RUDE AND NEVER EVEN ASKED WHO i