MBNA sold to Experto - no CCA

[GeoffreyAlby]

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

 

 

Do you think you should inform them that you are now referring the issue to the Financial Ombudsman and the OFT, you have informed them that they are calling the wrong number and they are persisting. Thats harassment.

[Old Cogger]

Do you think you should inform them that you are now referring the issue to the Financial Ombudsman and the OFT, you have informed them that they are calling the wrong number and they are persisting. Thats harassment.

 

Report them, give all the information to OFT etc,

[LB145]

Letter throught the door and again telephone call

 

" As we have received no response to previous correspondence and we are unable to leave messages on either your land line or mobile telephone numbers, we are left with no option other than to issue you with a statutory demand.

 

This will allow you 21 days to pay the above infull, failing which, we would then issue a petition for your bankruptcy.

 

In the spirit of negotiation however, we are willing to accept a Full & Final Settlement figure of £15k, which should be paid no later thatn July 25th"

[Dotty50]

Doesn't sound like much of a discount LB!

[LB145]

Doesn't sound like much of a discount LB!

 

I reported MBNA to the ICO - just checked on that and they are only on cases from April!!!! You know I am in court on Friday with my MBNA SJ hearing - so it is major stress in my house - need to do something with this but have to get through this week first. its always all or nothing - busiet month for me and not enough hours to do everything - feel like I should be wearing my knickers over my trousers and having a big "S" on my chest - OMG what an image - sorry!

[Dotty50]

:lol::lol:

 

At least we can still have a giggle in spite of everything.

 

Yes, as you know I am following your other thread and wish you all the best.

 

I am probably on their list somewhere!

[pumpytums]

Have they actually issued a statutory demand or just threatened one?

 

Pumpytums

[pumpytums]

At the end of the day LB if they had a case they would be popping a claim form through your door from Northampton. Not a naff SD issued by some solicitor for hire. This company really needs to learn some new tricks most DCA's gave up on this type of pathetic attempt years ago.

 

 

Pumpytums

[LB145]

Have they actually issued a statutory demand or just threatened one?

 

Pumpytums

 

Just the letter in #304 - thx for your input

[LB145]

Has anyone or where canI get a template letter for Full & Final offer pleae -

[sysa]

MBNA

Street Name

Town

Postcode

 

 

 

Bank Account Number:

Your Ref:

Date:

 

 

Dear Sir/Madam

 

I write with reference to the money which you are claiming on the above account.

 

I can confirm that I am unable to offer to pay the money in full. However, I can raise £xxx.00 and I want to offer this as an ex-gratia payment in full and final settlement of the account. This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that I will be released for any liability.

 

I also request that, if accepted, you will make an entry on a credit reference agency file relating to the above account as "satisfied" in full and any default removed and please confirm this in writing in your response to this offer.

 

Payment can be made within 2 weeks of receiving your written agreement of this offer and method of payment.

 

I look forward to receiving your reply.

 

Your's faithfully

 

 

XYZ

[LB145]

Well OH has gone for F&F - with all debt references removed at a negotiated amount - as much as it rubs me the wrong way - its his decision and the way he looks at it is- you haven't settled the full amount so therefore they did not win! - I need head space to concerntrate on the other threads and will go full on with the MBNA - Virgin!

[pumpytums]

If you are in contact with EC would you mind getting hold of your deed? I would love to know who it actually belongs to ie Varde , or EC

 

Thanks

 

Pumpytums

[LB145]

If you are in contact with EC would you mind getting hold of your deed? I would love to know who it actually belongs to ie Varde , or EC

 

Thanks

 

Pumpytums

 

Hi Pumpy - how do I do that? - still have not received SAR information and as I said ICO said it will be months before they look at my complaint.

 

I am sure you understand why this is annoying me - OH just cant stand the risk of paying costs again - his is a gambling man so he feels the lower amount of settlement is better odds!

[pumpytums]

Are you making a F&F with EC?

 

Pumpytums

[LB145]

Are you making a F&F with EC?

 

Pumpytums

 

Yes

[pumpytums]

Ok,

I would simply ask them for proof of who now owns the debt? As you have never received any letters from Varde.

 

And you could ask them to send you a copy of the deed of assignment between MBN@ and the new owner. If they resist insist that you speak to Varde then I would be interested if you did manage to speak to Varde as it's a virtual office in Ireland.

 

Remember you are in the driving seat don't let them belittle you like they are doing you a favor. You are doing them a favor.

 

If they start waffling on about statutory demands, tell them if they mention it again you will be hanging up.

 

I would be looking for a settlement figure of no more than 35% so £10k would be £3.5k. If you can record the call tell them at the start you are doing so, unless of course it's by mail.

 

I don't blame you for settling in a way others may judge but after getting stuffed recently I don't blame you. I really don't think EC would have taken it anywhere. I had a debt sold to sink farcical, 3 months after sale they issued a claim luckily the OC never issued a DN so they were stuffed and discontinued. To date I have never heard of Exspurto issuing any claims they send the odd SD but it's just a ploy to get you to ring. So over the past year as far as I'm aware no claims have been issued by them.

 

 

Have a read of the following before you pay anything it's quite amusing

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/267605-mbna-experto-credite-me-2.html

 

Good luck,

 

Pumpytums

[LB145]

Been away for a couple of weeks - really needed to get away from it all - before I went Experto wanted £10k - sent letter informing them that family are borrowing the money for us and £8k is the max possible and it would take a couple of weeks to adminster - have not had any letter back whilst away!

[The Mould]

Hello there LB

 

I am having a problem reading my pm's at the moment, I do not know what has happened, hopefully it will be fixed soon.

 

Your pm did come through the normal email channel, from what I have read, you do seem to be on top of the situation.

 

Catch up shortly I hope.

 

Kind Regards

 

The Mould

[one4all]

Hi, subbing

 

one4all

[LB145]

Well things take interesteing turns - EC sent letter to say they would accept £8k but they would not be able to clear the record on credit agencies as it was against the law (what aload of rubbish) - when they called I told them that I did not like the wording that they used and was taking advice. They then followed this with an ultimatium letter - pay by return etc.

 

IOC has still not looked at the complaint yet, so I found a brilliant website that tapes telephone calls for you if you do not have the equipment at home. So I taped two calls with MBNA staff - made them aware that the call was being taped and they confirmed that the debt was sold on January 19th prior to the NOD date of 28th January!!! Ny OH wanted to still do a F&F after taking advice (FG you were brilliant!) sent them a letter with a lower amount of £4k stating all the reasons why I felt this should be acceptable etc.

 

EC telephoned the next day asking if the £8k cheque had been posted told them to read their post - he called me back and screamed that this was totally unreasonable - he then followed this up with a letter to my OH informing him that he had spent the money and now they are not prepared to accept the £8k and they will be taking us to court for the full amount as they are more than aware of the equity in our home.

 

I have found a "no win no fee " solicitor and they said sit back and wait - and they are prepared!

Edited September 14, 2010 by LB145
atrocious spelling errors!

[ltc1607]

Hi LB in a similar situation as you with experto where did you find your no win no fee solicitor was it on the net?

[LB145]

I will PM you

[Hussy786]

Hi All

 

Experto credite has suuplied me the cca (microcopy) which is ten year old. I admit the form filled with my own writing etc. and it looks genuine but copy.

anywy now they chasing me up for 8k but they have not sent me subject access report although they have confirmed that they have received my request and fee.

I strongly believe that i have paid them more than i owe to (MBNA) morally and this amount they want is all BS and interest and charges etc.

I am diabetic and on a very low income (self employed)

Please advise how can i go ahead from here witout SAR.

Please advise

[Hussy786]

LB145

 

could you please pm me as well as i am struggling to find no win no fee solicitor

I be grateful