MBNA CCA only 1 of 2 received

[blueotter]

yes thanks ,helps a lot.

I could be making a nominal payment forever at this rate so i may as well force their hand and it either goes statute barred after 6 or they take me to court with a non enforceable cca.

[lochlisa]

Update : sent unlawful rescinding letter, recorded delivery of course. Have not had one phone call or one letter since.

 

Will be interesting to see what happens next !

 

Lisa

[lochlisa]

Had confirmation from MBNA that the following happened.

 

Debt Assigned for Sale 7 days before end of DN, sale completed 7 days after end of DN.

 

Is this unlawful rescission or not?

 

thanks

 

Lisa

[lochlisa]

can anyone help me with this please?

 

is this enough info or do I need a SAR to get precise dates?

 

thank you !!

 

Lisa

[miss muppet]

Had confirmation from MBNA that the following happened.

 

Debt Assigned for Sale 7 days before end of DN, sale completed 7 days after end of DN.

 

Is this unlawful rescission or not?

 

thanks

 

Lisa

 

Hi lisa, is this "unlawful recission" on top of an unenforceable agreement as well? Have the DCA demanded the full balance? Did this confirmation from MBNA that the debt was sold before time to remedy come in written form?

You could try to SAR them but in my experience they won't comply.

[lochlisa]

MBNA have told me in writing that the debt was assigned for sale 7 days before the end of the DN

 

the DCA then told me, in writing, they had bought the debt 1 day after the end of the DN

 

MBNA then confirmed, in writing, the sale was complete 7 days after the end of the DN

 

somebody somewhere is not being totally truthful

 

the DCA are now demanding the complete outstanding balance

 

the CCA is a non-signature one and may be enforceable. however, I am sure there has been unlawful rescission due to the debt being assigned for sale 7 days before the end of the DN.

 

thank you for any further help,

 

Lisa

[miss muppet]

Hi Lisa, Firstly congrats for getting all this written info out of them, I would think you defo have the grounds for a letter to them accepting their unlawful repudiation of contract. I show below a link to one of Fred Bassett's threads (always worth a read). They may well take no notice and continue chasing but then you put in a complaint to TS. I have done this with one of my OH's DCA's, the infamous Cabot, in his case no default notice, they passed it back to the OC, I SAR'd OC just to confirm my findings, now its been passed back to Cabot, next stop TS!:-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?144299-Fred-Bassett-v-Cahoot/page4

[Dotty50]

This is the time to send SAR which will prove that they sold it prior to the the expiry of the DN, which is what they have done with many others on here.

 

Once you have the SAR, ensure you ask for the comms log, then you can accept their unlawful rescission.

 

They will of course, deny that they have done this, but by getting the proof first, you will know different!

[lochlisa]

DN served but MBNA sold the debt before the end of the DN period.

 

I have written confirmation from MBNA of the date of sale which confirms before the end of the DN period.

 

I wrote to MBNA and Experto accepting unlawful rescission. Now nearly 6 months later Experto are claiming I had more time on the DN than is legally required (they have ignored posting dates and delivery dates conveniently), however, the point remains that the debt was sold before the end of the DN period.

 

What should I do in response to this recent letter? Link to letter below.

 

thank you, Lisa

 

 

 

 

http://flickr.com/gp/44827495@N05/xNdCUi

 

there is a second page to the letter that states :

 

'these are the material facts that we will rely upon, should we commence legal action to recover the sum owing. We hope that such action will not become necessary and note that your account remains outstanding in the sum of £ xxxx

 

We now look forward to receiving your proposals in respect of this sum, by return'

[lochlisa]

can anyone help me on this please?

 

thank you.

[roygoodbeat]

Hi

 

I am not an expert in this, but like you I am in the same situation with Experto.

 

I am waiting for a full subject access request from them. It has taken 6 months for them to finally acknowledge I have made a request.

 

I would recommend you applying for a subject access request if you have not already done so. I would also do the same on MBNA. Don't forget to ask for everything. That way you should be able to get dates.

 

How much was the default sum for? Was it the full amount or arrears? Try to post up the default notice on here.

 

I know its difficult but I would try to ignore Experto's threats. They are not pleasant to deal with. At the end of the day, Experto will try a number of tricks to get you to pay, however, if the default notice is incorrect and they have unlawfully terminated the agreement, you are liable only for the arrears. You can also counter claim against unlawful rescession and unlawful charges. Chances are Experto could owe you.

[cynic09]

Have a look around the site, there are a few threads on this very subject. The Comms log frequently confirms the date of sale and date of default notice. Be sure to ask for it in your SAR.

I've been enjoying a pen pal relationship with experto for some time on this very subject. My one and only enforceable agreement and they sold it early just as I was about to surrender too:madgrin:

 

Oh and by my counting they are a day short unless they can prove they posted 1st class

Edited October 31, 2010 by cynic09

[Smoothound]

Have a look around the site, there are a few threads on this very subject. The Comms log frequently confirms the date of sale and date of default notice. Be sure to ask for it in your SAR.

I've been enjoying a pen pal relationship with experto for some time on this very subject. My one and only enforceable agreement and they sold it early just as I was about to surrender too:madgrin:

 

Oh and by my counting they are a day short unless they can prove they posted 1st class

 

 

I am currently trying to get dates from MBNA regarding my account. I have the proof in the Comms Log of the date it was sold off to the DCA but I was advised you really need this confirmed in a letter by MBNA and not to rely on the Comms Log. Are you saying this is not the case and I can accept the Termination and Unlawful Rescission on the strength of the Comms Log alone?

[postggj]

well i would say

 

bring it on experto

 

take me to court

 

i would then do a request under cpr for a copy of all docs and get the court to do an order for the release of the deed of assignment to confirm the date of the sale

 

do you have a termination notice from mbna

[Dotty50]

I am currently trying to get dates from MBNA regarding my account. I have the proof in the Comms Log of the date it was sold off to the DCA but I was advised you really need this confirmed in a letter by MBNA and not to rely on the Comms Log. Are you saying this is not the case and I can accept the Termination and Unlawful Rescission on the strength of the Comms Log alone?

 

I can't see why the comms log cannot be used as proof. MBNA are certainly not going to give you written confirmation IMO.

 

I have two that were sold before the expiry of the DN's and accepted UR on both, MBNA denied it but didn't quote specific dates in their letter, surprise surprise.

 

In answer to postggi's question about termination, MBNA don't issue anything after the DN as this states that termination will follow, should payment not be made by the remedy date.

[postggj]

well then its game over

 

unlawful recession of contract:-)

[Smoothound]

I can't see why the comms log cannot be used as proof. MBNA are certainly not going to give you written confirmation IMO.

 

I have two that were sold before the expiry of the DN's and accepted UR on both, MBNA denied it but didn't quote specific dates in their letter, surprise surprise.

 

In answer to postggi's question about termination, MBNA don't issue anything after the DN as this states that termination will follow, should payment not be made by the remedy date.

 

 

Thanks for that Dotty50

 

I've been faffing around for ages trying to get it in writing and just chasing my tail

 

Is there a form letter for accepting Termination and UR or is it just a case of writing and accepting them both. Do I need to include dates or is that up to them to look up?

[Dotty50]

There will be copies of an UR letter on my thread, which Vint very kindly supplied, I will find them and put a link on your thread Smoothound.

[Smoothound]

There will be copies of an UR letter on my thread, which Vint very kindly supplied, I will find them and put a link on your thread Smoothound.

 

Hi Dotty

 

Sorry this is not my thread but i'm sure a link to the letter won't hurt. I asked here because I asked a similar question in my own thread HERE and it failed to attract an answer

[lochlisa]

Now started receiving letters from HL Legal (Redditch) who look seriously like a part of Experto as all email addresses on letter are Experto emails.

 

I have already served Experto with an Unlawful Recission notice which they replied to and contradicted themselves.

 

Does this mean they are getting ready to try it out in the County Court or is it just another of their 'arms' trying to scare me?

 

Lisa

Edited January 27, 2011 by lochlisa

[locks]

Hi

same postion as you would like to hear any respones.

[locks]

bump

[victoria_siempre]

Hi guys

 

What is the history of this?

 

love

 

vic

[victoria_siempre]

Thanks for the info easy

 

I mistook them for hybrid DCA/solicitor for hire bandits:

 

Pre Legal Collections

 

Volume outbound contact is achieved through power dialler technology and bulk processed SMS messaging. Collectors are trained in contact centre skills to ensure a high ‘right party connect Rate’ complimented by Solicitor office based skills to ensure that debtors are aware that their account has escalated beyond a Debt Collection Agency.

HL’s systems are fully integrated and bespoken. Telephony and call recording link into the collections platform offering direct access to electronic payment methods. System letters are fulfilled in external mail houses to provide almost infinite capacity.

HL remains focused on real time management information. An extensive data mine enables management and clients to access real time account and project level performance information. This information enables HL to routinely challenge and enhance collections strategies and provide historical and forecast based reports..

HL strives to achieve best practice performance by combining the attributes of a Solicitors practice with those of a DCA. HL believes that its blended approach delivers something different."

 

good luck with your chosen career

 

 

vic

 

PS welcome to CAG

Edited March 28, 2011 by victoria_siempre

[lochlisa]

just had another letter from them threatening County Court on an alleged agreement that has already been unlawfully rescinded.

 

they ask me to reply to Experto at the bottom the letter.

 

is this another scare letter that I could ignore or do I need to tell them that there is an unlawfully rescinded notice on this account and to go away?

 

thank you

 

Lisa