Very strange behaviour from MBNA

[Deb T]

Are you a home owner? What is the amount of the alleged debt?

[Deb T]

What is the amount of the alleged debt? and are you a homeowner?

 

And a charge on the property is not at the discretion of the courts should a judgement against you be made, it only becomes an issue if you miss a payment on

the amount awarded against you each month. (the amount the court order you to pay each month) only then can a charge be applied.

[GeoffreyAlby]

The latest communication from Experto Credite (who now have my MBNA account) advises me that they know I am a home owner and that they are considering legal action that will result in a charge being taken over my property.

 

I do feel like replying reiterating my continued denial of the debt and highlighting the presumptuous nature of their letter because as far as I am aware any charge would be at the discretion of the court and only after the debt was proven. However, I do think that a reply merely alerts them to the fact that you are listening and in turn opens a whole new dialogue.

 

Your suggested responses are most welcome

 

 

Just another one of their threat letters!

 

I would imagine after your name and address at the top of the letter in small print you have "HOM2"

 

Its just a standard template letter that they have probably fired off to loads of people in a desperate attempt to scare people because they are mentioning the fact that you are a home owner.

 

They know full well that they have bought unenforceable alleged debts, but I guess if they keep persisting they will wear down some people into unneccessarily making payments.

[Coactum]

DebT: Yes I am a home owner. The alleged debt is just under £10K. Thanks for clarifying charge procedure.

 

GeoffreyAlby: It actually has Hom1 rather than Hom2, I guess therefore that I can expect a Hom2 at some future date.

[Coactum]

A fresh barrage of call from MBNA, or rather from a determined “fatherless dwarf” saying he was calling from them, has just tried catching me on almost every number I have; business, home and mobile. Told him I had nothing to say and he insisted that he would just keep phoning back. I said that I would need to report them for making nuisance calls and he said please do so. All rather childish and not the level of professionalism one expects from of company of MBNA’s stature.

[exchange]

Professional and MBNA don't go together in my opinion! I suspect they are a bit down on their target for collecting bad debts for September and this is a last attempt to get funds in before the 30th. More than likely there are bonuses hanging on them hitting some spurious target. Haven't bothered me yet so bound to now!

[Coactum]

Ah well in that case if he phones back again I'll keep him in conversation for as long as possible before reminding him that his call to me is hardly likely to help him reach any target!

[GeoffreyAlby]

Was this guy from MBNA or CMC (also known as Experte Credito)?

[Coactum]

Strangely enough he was not clear. He said he was calling about my MBNA account rather that he was from MBNA. Today I have a letter from Aegis offering a 60% discount from the MBNA account is I settle in 3 monthly instalments! The phone number was 0118 952 5300 which I looked up to find related to Experto Credite.

[Dotty50]

Goodness, its not easy keeping track of all these people is it?

 

MBNA - Experto - Aegis - CMC - Old uncle Tom Cobbly an all!

 

I have only got as far as Experto with one of mine so far, so guess I have a long way to go!

[Coactum]

Why do DCA’s come in waves? I can go for months hearing nothing then all of a sudden many strike at once. In the case of this thread the latest letter from HL Legal on behalf of Experto Credite Ltd who are agents of Varde Investments (Ireland) Ltd., (yes it is rather confusing but I’m sure this is the account that started life as MBNA), threatens to instruct their Scottish agents to raise action against me unless I pay blah blah.

 

I’m inclined to ignore until they actually serve Sheriff Court papers but would appreciate any comments from others who have been down this path already?

[Dotty50]

http://www.consumeractiongroup.co.uk/forum/showthread.php?201852-Mbna-Virgin-Cca-(sold-to-Experto-Credite)&p=3179681&viewfull=1#post3179681

 

Hi Coactum,

 

They were mentioned on my MBNA thread recently but I have not had any dealings with them.......yet!

[Coactum]

Thanks Dotty, I also found this rather interesting article http://www.heraldscotland.com/mobile/business/personal-finance/firms-snub-scots-law-for-debtors-debtors-1.1045025 at least in my case they do seem to have recognised the existance of a Scottish Court

[minmoo]

Subbing

[Hussy786]

Hi All

I am passed on by experto to CMC and they offering 50 % off debits or pay what can i afford even a £10 monthly blah blah and also have offered to pay the same amount to MBNA as I make payments ie If i make £10 payment they will make £10 payment If I pay £50 they will pay £50 ( Aww so nice and kind ) for month of dec and jan . or keep continuing payments of £10 and they will review my circumstances evey now and then ,,,,,,,,,,,Experto failed to get me SAR instead they sent me internal call log althouhgh i have made payment for SAR to Experto.

Onething i want to know they offered me the option of Bankrupcy ( what is their interest if i go Bankrupt )

Sometimes i feel so stressed with threatning calls and letters that i think i should pay a £10 every month to avoid the stress but then get scared that by doing so i may enter into another contract for life and why i should pay them while i have paid them more than i actually borrowed and these are all their sky high interest charges and late fees . why they dont provide me SAR . I offered experto and others that after studying sar if i still owe them i make payments somwhow at no more than 7 % interest charge etc .

what should i do? I need an urgent and safe advise before i committ myself to anything regretable . ( I dont have any property on my name my OH removed my name from home and mortgage papers last year and is the sole owner of the house)]

Please advise me what i should do i dont want to make some silly decession or mistake .

please please help as you always do .

[Capricorn1601]

ive received teh exact same letters today. one offering payments of £10 the other no payment in dec and jan and they will match what I pay.

[Basil Fawlty]

Just subbing in to say they offered me the same ''wonderful £10 offer''. They seem to do everybody in batches.

 

BF

[Dotty50]

I got the £10 a month offer too!

[Old Cogger]

Oh dear Xmas is nearly here, if we can get them to pay say £10 per month, they (us) may think oh goody more monies to spend xmas, they will not ask for more, (We will get them in the new year as they have made a payment, so accept a debt we are chasing without doc!s.) Well they might be trying it on ??????? End of year/bonus time????

[Basil Fawlty]

I'm still wondering if MBNA have told Experto that they sent a load of us letters stating that ''at this present time, they dont hold an enforceable agreement and while this situation persists, they will not take court action''! How would Experto/Varde feel about that, after buying up so many accounts?

 

BF

[thinkb4]

I hope you do not think that my experiance is even more stranger.

Remember MBNA are an American Bank and just this last week the UK Judiciary mainly a district Judge allowed a UK Citizen to be heald without trial and without bail for upsetting the Americans. I hope people will continue defending justice but we have a real uphill struggle. See my post at titled No hope for Justice

[Dotty50]

This thread remains in my user cp showing that a new post has been added but there is no post!

[thinkb4]

Hi, Not all my posts are being published for some reason. Please see my post no hope for Justice if you can view it.

 

I am a home ovner. My alleged debt to MBNA was £7,800. I paid it off in vrious lump sum payments,then recived a final demand for another £3800. I challanged it and contacted FOS / CAB.

 

MBNA and Restons solicitors still applied for an intrim court order before FOS had concluded their investigation. Initially they did not send me my financial information as part of the data access request and they refused to send me past Statements.

 

Cut a long story short , last week a district judge gace them a charging order without any proof that I owe the money. I was told to appeal but I can not afford the costs.

 

Through all this I have been paying them £100 per month and have not missed any payments.

 

The Judgement has come through but the the judge also allowed them to add further anulised intrest and costs so i am witing for the final bill from them.

 

I had taken out a claim in the small claims track against Restons / MBNA because they had not complied with my data access request and because they had given no proof of the money they claimed I owve them. They exchanged bundles with me. In their I found strange costings that appeared after the debt was sold to restons like £3800 for 'finance charge' no idea what that is about and 'foot charge'. I allso found that the last two payments I made to MBNA had been shown on the statement but not reflected in the total. They appeared to have been added to the account rather then removed from it.

 

Despite all this evidance the Judge took about 8 mins to make his decion. 7 Minutes were listining to Reston's. He chose to ignore any thing I had to say. He also implied that he would order costs against me for my claim in the small courts as he was residing on that case as well.

 

I tried to tell him that he could not issue a charge on an ammount that was not only in dispute but where a hearing of that case was scheduled to take place in March 2011.

 

I also found it strange that my application which was lodged in August with the small claims court could only be heard at the earlist in March 2011 whilst MBN made their application , recived an intrim and final charging order and a sale order all within 14 days in December 2010.

 

Thats my experiance any way.

[Dotty50]

Yes I did read it, what a nightmare!

[Coactum]

Terrible tale thinkb4. I have no idea what Ii would do next if I were in your shoes but hope you find a solution soon.