MBNA sold to Experto - no CCA

[Old Cogger]

post up CCA copy minus personal details, sure people will advise on accuracy of the said document>

[pumpytums]

Hi LB145,

looks like Exspurto won't be getting a Christmas Party then.

 

The point is though if they were so cock sure why the hell didn't they take proceedings earlier? Why settle for £8K why not go for the lot?

 

Did they mention a Statutory demand?

 

Did you tape the call to EC that would be funny?

 

Pumpytums

[LB145]

Hi Pumpy

 

Received text from EC today "End of month - goods deals - call this number"

[LB145]

Phone just rang - EC number came up on screen - man introduced himself from CMC - asked him if he was sure of that as this number is listed as EC! He agitatedly informed me that CMC is another name for Experto Credite!!! He then went into his speech of you have agreed to a settlement of £8k - I interrupted and told him to read the up to date letters - He then started to shout at me as to why I thought a settlement of £4k was acceptable when the balance was £19k - if he read the content of the letter he would know that I have taken legal advice and my solicitor is on standby - pressed the red button on phone and all went silent!!!

[pumpytums]

Very nice LB,

you should have said £4k is more than fair because you probably paid £2k for it in the first place.

 

They are so amusing, I just wish they would read the letters they are sent. You should record them and post it on youtube give us all a laugh

 

 

One more thing do you think in numpty land C*C is supposed to sound intimidating.

 

For a laugh read their site.

 

http://www.cmcdebtrecovery.co.uk/

 

I love the bit:

 

"At C*C, we do not just attempt to collect debt through the usual methods of telephone and letter. If ignored, we do not stop our action and close our file."

 

We phone you up and shout. Please nooo stop your scaring me with your ineptitude and juvenile banter.

 

 

"If a debt is collectable – we’ll collect it."

 

Apparently they collect Statute barred debts too. So that sums them up then.

 

"All our staff possess a thorough understanding of regulatory guidelines and debt recovery law. They adopt the best debt collection practices and are able to assess individual circumstances to determine the quickest, most cost effective way to recover the amount owed."

 

So that includes ignoring letters asking not to be called does it. Issuing Statutory demands for a disputed debt etc.

 

Clown Party

 

 

Pumpytums

Edited October 5, 2010 by pumpytums

[GeoffreyAlby]

Phone just rang - EC number came up on screen - man introduced himself from CMC - asked him if he was sure of that as this number is listed as EC! He agitatedly informed me that CMC is another name for Experto Credite!!! He then went into his speech of you have agreed to a settlement of £8k - I interrupted and told him to read the up to date letters - He then started to shout at me as to why I thought a settlement of £4k was acceptable when the balance was £19k - if he read the content of the letter he would know that I have taken legal advice and my solicitor is on standby - pressed the red button on phone and all went silent!!!

 

Did he give his name? Id start recording their phone calls if they are going to start shouting at you.

Curious to know how they collect on Statute barred alleged debts? Id guess by intimidation and threatograms.

[Redfish]

LB145 I hope your no win no fee solicitor is better than mine...they lost the easiest case for me to MBNA - defective default notice and an application form parading as an agreement...

[Basil Fawlty]

Sorry to hear that Redfish.....any details as to why?

 

BF

[ltc1607]

So what do we do now if we have a defective DN and account sold to Experto before expirey of DN now we know that a faulty DN wont stand up in Court?

[Dotty50]

So what do we do now if we have a defective DN and account sold to Experto before expirey of DN now we know that a faulty DN wont stand up in Court?

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?228617-kaz3571-V-Cabot&highlight=

 

Or even an agreement!

[Basil Fawlty]

I may be well off the mark, but I get the impression from the last few days on here, that maybe the judges have been ''instructed'' from a power above to start finding against us, whatever the ''evidence''.

 

BF

[Dotty50]

Hmm, it does make you wonder Basil!

[Prudence]

Basil, that's exactly what I was thinking - it does seem so the way things are going. LB145 - how is your No Win No Fee solicitor working out? If you can recommend them, I'd really appreciate a pm. Many thanks, Pru

[LB145]

Been really busy lately and have not been receiving updates on threads! Well had another call this week from Experto - told her that her colleague also rang last week and was most irritated and rather loud! She asked if I was making payment - informed her of the last letter to her colleague and to read the contents but I will give her quick catch up - faulty DN notice followed by sale of alleged debt to Varde Investments 8 days prior to remedy date - therefore if it went to court they would not be entitled to very much at all if anything - if we agreed a F&F it would be for £4k or nothing bearing this in mind - as solicitors on standby.

 

She told me no and that was the end of conversation - probably as its the last week of the month there will be more this week - they always try to reach their targets!

[GeoffreyAlby]

You are right..... roll on the texts, phone calls and Halloween offers

Edited October 24, 2010 by GeoffreyAlby

[Basil Fawlty]

I cant wait to let them know that MBNA have just sent me a letter stating that they cannot find the original agreement, and until they can they will not take any court action. EC will not be best pleased at what they've bought....thats apart from the invalid DN like yours!

 

BF

[Redfish]

Sorry to hear that Redfish.....any details as to why?

 

BF

 

I found out that the envelopes with the DN had got mixed up (not sure if it was our mix up or the solicitors) and instead of having the Chester address on the back had a Northampton address. So my solicitors decided not to go to trial on that because the MBNA Witness Statement was claiming MBNA never send out DNs 2nd class! I think there is a higher court case coming up near Christmas which may show that MBNA do actually send out DNs 2nd class...

[Basil Fawlty]

I found out that the envelopes with the DN had got mixed up (not sure if it was our mix up or the solicitors) and instead of having the Chester address on the back had a Northampton address. So my solicitors decided not to go to trial on that because the MBNA Witness Statement was claiming MBNA never send out DNs 2nd class! I think there is a higher court case coming up near Christmas which may show that MBNA do actually send out DNs 2nd class...

 

My DN's from them have been sent out 2nd class, so they are obviously lying if they say that.

 

BF

[Redfish]

My DN's from them have been sent out 2nd class, so they are obviously lying if they say that.

 

BF

 

Basil, could you check on the back of your envelope and tell me the address?

[Basil Fawlty]

Basil, could you check on the back of your envelope and tell me the address?

 

No probs......it was sent by UKMail with a big ''S'' on it. On the back the address is:

PO Box 1004

Chester Business Park

Chester

CH4 9WW

[Redfish]

No probs......it was sent by UKMail with a big ''S'' on it. On the back the address is:

PO Box 1004

Chester Business Park

Chester

CH4 9WW

 

Cheers Basil...let's see what my solicitor says about that!

[Ibsys]

Receiving texts on my mobile and phone calls to my home number - not received a single letter of acknowledgement for my CCA request! Should I send further letter, refer to Ombudsmen or sit and wait? (not very good at the waiting part )

 

You need to make them aware that continued contact in this manner is a crime and you will report them to the authorities under the "Harrassment Act 1997" punishable by a term of imprisonment and/or a fine (£5000?). The statute says "no more than two phone calls"

[GeoffreyAlby]

Its the last week of the month so they will harrass in an effort to reach their monthly targets.....

[LB145]

Well the texts came, the phone calls started - three different Experto employees each losing their cool threatening court action etc. Explained that offer was for £4k F&F - told not acceptable by Experto - Fourth Employe rang up calmly and asked me why I would not pay previously agreed £8k - so explained the situation again - was not happy with the partial settlement and that the wording on the letter from Experto was inaccurate and utter rubbish, so lets go to court!

 

Within 2 minutes an Experto Underwriter called and agreed that the Experto wording was wrong and that they could inform credit agencies that the debt had been settled - £4K was too low and £6k was acceptable with settled on file. OH decided to settle at 30% - the courts seem to be such a gamble on Judge lottery - at least another one ticked off the list!

Edited November 2, 2010 by LB145

[Dotty50]

Glad to hear you have got another out of the way LB!