a + l (mbna) experto credite

[kaz3571]

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hi

im sure ive posted this before but cant find the thread anywhere so ill start again.this is the the copy i eventually recieved from alliance and leicester credit card (mbna) it was totally unreadable and numerous letters were sent at the time putting account in dispute.i have been totally bombarded for the last 6 months or so with half a rain forest of threats and phone calls (they cant get through thanks to truecall device).

ive had 1 or 2 notices of amount in arrears (cunningly made to look like a default notice) and optima legal were also chasing for a while.

now i have recieved a letter from experto credite saying they have bought the interest of the account. i have not recieved any proper default notice nor letter terminating the agreement from mbna and have looked at the paperwork i have only to notice that the account number written on the so called agreement, the statements and the letter from experto are all different. would appreciate a little on how to best tackle this.

 

kaz

[Pinky69]

Simples. Tell the account is in dispute and unless mbna produce a legible enforceable credit agreement you will have no further contact with them of any kind.

[kaz3571]

just found a letter from them which i found very interesting in which they say they are going to sell on as a bad debt and also state they will be legally obliged to send a default notice.however they have obviously sold on but have only sent a fair few of their dummy notices of sum in arrears notices, not 1 real one.

[kaz3571]

can anybody offer any advice on this no default notice issue.i understand the consequences of a dodgy default notice but what if no default notice is issued.as mentioned earlier all i have recieved is a letter from experto credite informing me they have bought the account and an earlier letter from mbna stating legally they must issue a default notice before selling. i have also not recieved anything from mbna stating they have actually sold the acciount.

kaz

[Pinky69]

If the account has been sold on without a DN then it is the same as if a DN were unlawful. They cannot ask for the full balance or terminate the account without a DN. By selling it they have terminated it - you no longer have an agreement with them - and by doing so without a DN they have unlawfully rescinded the account.

 

From the CCA 1974:

 

87.—(1) Service of a notice on the debtor or hirer in accordance with section 88 (a "

default notice ") is necessary before the creditor or owner can become entitled, by

reason of any breach by the debtor or hirer of a regulated agreement,—

(a) to terminate the agreement, or

(b) to demand earlier payment of any sum, or

© to recover possession of any goods or land, or

(d) to treat any right conferred on the debtor or hirer by the agreement as

terminated, restricted or deferred, or

(e) to enforce any security.

 

You can tell the DCA to go Foxtrot Oscar.