MBNA CCA only 1 of 2 received

[lochlisa]

Experto 'bought' debt from MBNA. However, it was a clear case of unlawful rescission as debt sold half way into a DN period.

 

Experto advised of unlawful recission as were MBNA and things quietened down.

 

Now Experto after what they are calling the arrears which is the whole debt but they also state in their threatogram that my agreement with MBNA is terminated (tell me something I dont know).

 

At the same time Fairfax are sending letters chasing the same debt and threatening court action.

 

Now, this thing is unlawfully rescinded and all they can do is chase the arrears at the time of sale, not the balance.

 

What do I write to Experto and what do I write to Fairfax?

 

thank you, Lisa

[citizenB]

Fairfax are a solicitor for hire.. they write intimidatory letters, which are then passed back to the creditor.

 

IMHO, I would just copy Fairfax and Experto the same in dispute letter.

[MeeBroke]

Well well, I got a letter from Experto today too! For the first time they mention someone called 'Varde'. No idea who that is.

[firstship]

Oh Hell not the Varde/Experto all over again.You will find MBNA sold the debt to Varde,but MBNA will tell you they sold it to Experto and give their address etc.

 

Experto will tell you they represent Varde.

 

You will not have had a letter from Varde confirming Letter of Assignment or that Experto represent them.

 

Confused so are hundreds of us.My letter stated never heard of Varde,never heard of Experto,MBNA unsure of who they sold the debt to,when you have sorted it out,I may communicate with you,if your response has an acceptable element of truth.(OR words to that effect.)

 

Regards FS

[lochlisa]

hi there, had an MBNA debt sold on to various DCA's who were told that the agreement had been unlawfully rescinded as it had been sold many days before the end of the default notice period.

 

Been passed around for over 2 years now and is Aktiv have now lettered me to advise they have purchased the outstanding balance from the last DCA.

 

Now, do I simply send them the unlawfully rescinded letter, please go away (like I did to the last lot and they eventually sold it on after 18 months) or do I sit back and do nothing until they start court proceedings?

 

thanks,

 

Lisa

[BRIGADIER2JCS]

Hi Lisa,

I would send the letter asap to

stop more pondlife showing up.

Exactly how old is the debt,

and when was the last payment

or acknowledgment in writting made?

Have you checked your credit files lately?

[lochlisa]

ok, me again, sorry about duplicate thread starting.

 

Aktiv are not accepting the unlawful rescinding despite it being glaringly obvious on the dates that things happened.

 

This debt is only 3 yrs old and no payment has been made for 3 yrs. Then it was sold to Varde who purchased it during the Default Period and hence it became unlawfully rescinded. Varde were lettered to that affect and now 2 years later Aktiv are on the case as I assume Varde gave up and sold it on?

[Old Cogger]

yep varde sold bulk lot to Aktiv Kapital but they say Experto will administer collection.

[ims21]

Two threads merged and tidied

[lochlisa]

Me again, any suggestions?

 

I have already supplied the unlawfully rescinded letter but Aktiv insist on chasing. Is there anything else I can do now, apart from send the letter again?

 

thanks, Lisa

[unclebulgaria67]

Aktiv are pretty useless at admin.

 

Up to you whether you send the letter again. Either ignore/don't bother or send in a complaint letter by recorded.