Mrs Ms mum v mbna

[MandM]

My mum is 75 and has no clue about money so when she got her virgin card she spent, she did not understand about apr, interest and minimum payments so subsequently got into financial difficulty along with other debts. In Feb this year I took over her finances when I realised that most of her pension was paying off these sharks, leaving her very little to live on.

 

I wrote to all her creditors and explained the facts they were all very nice about it after a few rows over the phone.

 

All except MBNA who started off nice and then decided that they werent going to get enough out of her so ignored everything I told them and carried on sending THE LETTERS.

 

To cut to the chase, she received a default notice 9/10/09 remedy date 26/10/09..

 

Lo and behold she received a letter from Experto Credite 23/10/09 advising her that they had bought the account from MBNA.

 

At the momemt we have a thread going in the forum with exactley the same thing so when I saw hers I thought here we go again.

 

I am sending the CCA tommorow to both experto and MBNA.

 

 

 

mrs M

[Philip23]

MBNA are sharks...........best of luck with your efforts. Hopefully the CCA will not be enforceable.

[supasnooper]

Have you kept the envelope the DN was sent in ?

 

If not, try to find it.

[MandM]

Have you kept the envelope the DN was sent in ?

 

If not, try to find it.

 

Mrs Ms Mum didn't know the significance so didn't keep it. However, very interesting that they sold the debt before the DN time expired don't you think!

Edited November 25, 2009 by MandM
typo

[supasnooper]

I don't think they can dispute termination then.

 

I'd suggest that you send a Subject Access Request off to MBNA, specifically asking for the "Comms Log" .

 

This will provide you with the complete detail of how the account has been operated by MBNA.

[MandM]

I don't think they can dispute termination then.

 

I'd suggest that you send a Subject Access Request off to MBNA, specifically asking for the "Comms Log" .

 

This will provide you with the complete detail of how the account has been operated by MBNA.

 

Thanks SS. It's on it's way

 

M

[pumpytums]

Oh dear,

looks like they have done it again. I bet you a £1 they sold it on way before the DN was up. Did you get your comms log out of MBN@?

 

Shame they couldn't even be bothered to put arrears on. Not even bus fare home.

 

 

Pumpytums

[MandM]

Oh dear,

looks like they have done it again. I bet you a £1 they sold it on way before the DN was up. Did you get your comms log out of MBN@?

 

Shame they couldn't even be bothered to put arrears on. Not even bus fare home.

 

 

Pumpytums

 

He he. Not got anything back from MBNA although Exspurto said on the phone that they owned the debt .

 

It's one tradgedy after another with this lot - makes it more fun for us though.

 

As you've probably spotted there's no movement on ours yet so in dispute and awaiting their response

 

M

[MandM]

Hi all,

 

SAR has arrived .

 

1. The comms log shows quite clearly that the debt was sold BEFORE the deadline date on the DN.

 

2. It also shows that the debt was sold to EXSPURTO CREDITE and not VARDE!

 

3. There was NO copy of DN in the paperwork (but it's on the comms log and we have the original).

 

4. They have not sent copies of statements. However, they have sent a document called "Transactions" which appears to be a long summary of all transactions on the card from start to finish. It's not broken down anymore than that.

 

Starting in May 08 there is a transaction called "FINANCE CHARGE" and this transaction appears every month thereafter (different and increasing amount each time). Anyone have any idea what this may be?

 

We are going to ask for actual copies of the statements as this may shed some light on it but just wondered if anyone else had come across this description.

 

Many thanks,

 

M

Edited January 10, 2010 by MandM
Typos

[MandM]

Just bumping. Any thoughts appreciated.

 

Thanks,

 

M

[pompeyfaith]

Right as regards to the MBNA Default Notice the bit that says "IMPORTANT YOU SHOULD READ THIS CAREFULLY and then goes on to say DEFAULT NOTICE SERVED UNDER SECTION 87(1) BLAH BLAH BLAH.

 

That has to be boxed.

 

Would be interesting to know why they have taken the box away as they used boxes for that part before.

[MandM]

ty PF. Never spotted that! They seem to have removed that generally as I have others too.

 

Good luck for Thursday btw .

 

M

[pompeyfaith]

Thank You MandM.

[MandM]

Can anyone advise me on a letter to send to MBNA asking for the statements for the account and not the transaction logs that they have sent.

 

Thanks Mrs M

[MandM]

Can anyone advise me on a letter to send to MBNA asking for the statements for the account and not the transaction logs that they have sent.

 

Thanks Mrs M

 

I understood that an SAR would give actual copy statements similar to those issued each month?

 

Any views on this?

 

 

Also, what about this?

 

4. They have not sent copies of statements. However, they have sent a document called "Transactions" which appears to be a long summary of all transactions on the card from start to finish. It's not broken down anymore than that.

 

Starting in May 08 there is a transaction called "FINANCE CHARGE" and this transaction appears every month thereafter (different and increasing amount each time). Anyone have any idea what this may be?

 

We are going to ask for actual copies of the statements as this may shed some light on it but just wondered if anyone else had come across this description.

 

All comments welcome

 

 

thanks,

 

M

[MandM]

Hi Mrs M Here.

 

Catching up on thread. As follows:

 

CCA to MBNA & Experto end of Nov 09. No reply,put Account into Dispute Begining Jan 2010.

 

Received following letter and some ones idea of an agreement. Not sure who the letter is from as not headed paper and no address.

 

 

 

Received letter from Experto

 

 

anyone got any ideas on this one not seen this before

 

Mrs M

[MandM]

Sorry forgot to mention in last thread experto sent letter and agreement in Feb 2010.

 

 

 

Obviously I am now stumped as to what is going on. Who sent the other agreement.

 

The fact still remains that they sold the account on before the DN was up, so will wait and see what happens on the MBNA thread just not sure what to do with mums account now.

 

Mrs M

[pumpytums]

Hi Mrs M send my regards to Mr M,

oh dear MBN@ have asked for the full amount (they have haven't they?). They have therefore unlawfully rescinded the account on the back of a faulty DN. I would suggest writing to them and accepting it.

 

This may help

 

Dear Sir/Madam

 

Re account no xxxxxxxxxxxxxxxxxxx Unlawful Rescission.

 

With reference to the alleged debt to your company, I refer to your Default Notice dated xxxxxx, posted second class and received by me on xxxxxxxxxxxxxx, and your subsequent actions confirming your previous written intentions to terminate the agreement.

 

Notwithstanding that the default notice failed to give me the required statutory time in which to seek legal advice and/or remedy any alleged defect, as laid out in s87 of the CCA 1974, your actions have resulted in insufficient time for me to even obtain an appointment with a solicitor let alone remedy the alleged default. Your recent actions have lead to you unlawfully rescinding the agreement.

 

I accept your unlawful rescission of the agreement I note that you are now entitled to claim those arrears genuinely due at the time of the termination (not including any unlawful charges ) and I would be obliged if you would advise me of the exact amount of those arrears, against which will be a claim for unlawful rescission.

 

 

Should do the trick, many believe you need to accept their rescission of the agreement I agree after reading through CAG. This can be by stopping payments or sending the letter or both. You need to be seen to have taken some form of acceptance. There are cases where the lack acceptance has caused cases to be lost.

 

Pumpytums

[MandM]

Thanks Pumpytums

 

Will send the letter off tomorrow recorded.

Don't want to sound really stupid but I am assuming I send that letter to MBNA.

 

Mrs M

[ltc1607]

sub

[MandM]

Hi just sitting here having a cup of tea and I suddenly thought of something that happened at my mums last week and thought I would share it with you for a laugh at the end of the day.

 

The phone rang and mum answered, a chap said can I speak to mrs ***

mum handed me the phone, He said "Is that mrs *****" I said "yes".

"This is so and so from experto,he said" I put the phone down. 10 seconds later he rings again."I'm sorry mrs ****,we appear to have got cut off". "No we did not I put the phone down on you". I hung up again.3 minutes later he rang again. "Can you stop putting the phone down on me" he said. "No I said this is the best fun I have had all day and I can keep this up all day,"I put the phone down again, he never called back.ahhhh

 

I have now told mum if anyone calls from them put the phone next to the telly and turn the sound up.

 

Goodnight

 

Mrs M

[pumpytums]

Thanks Pumpytums

 

Will send the letter off tomorrow recorded.

Don't want to sound really stupid but I am assuming I send that letter to MBNA.

 

Mrs M

 

 

Yes thats right MBNA.

 

Pumpytums

[pumpytums]

Hi just sitting here having a cup of tea and I suddenly thought of something that happened at my mums last week and thought I would share it with you for a laugh at the end of the day.

 

The phone rang and mum answered, a chap said can I speak to mrs ***

mum handed me the phone, He said "Is that mrs *****" I said "yes".

"This is so and so from experto,he said" I put the phone down. 10 seconds later he rings again."I'm sorry mrs ****,we appear to have got cut off". "No we did not I put the phone down on you". I hung up again.3 minutes later he rang again. "Can you stop putting the phone down on me" he said. "No I said this is the best fun I have had all day and I can keep this up all day,"I put the phone down again, he never called back.ahhhh

 

I have now told mum if anyone calls from them put the phone next to the telly and turn the sound up.

 

Goodnight

 

Mrs M

 

Good on you Mrs M.

Have you sent them a telephone harassment letter?

 

They tend to ignore them but it keeps it official.

 

 

Pumpytums

Edited February 23, 2010 by pumpytums

[MandM]

I sent them an harassment letter last year and up until last week they have been quite good about not phoning,but obviously with all the stuff going on with the experto stuff they are probably getting worried.

 

Mrs M

[pumpytums]

I sent them an harassment letter last year and up until last week they have been quite good about not phoning,but obviously with all the stuff going on with the experto stuff they are probably getting worried.

 

Mrs M

 

Yes its coming up to the end of the financial year. Some people have received letters referring to a personal call from Credit management Consultants CMC, which is still Exspurto just another name they use apparently. So the old Exspurto threat wagon is indeed in overdrive/reverse.

 

Pumpytums