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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
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Mrs Ms mum v mbna


MandM
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Yes Indeed Pumpytums.

All I can say is bring it on. I like a good fight as you will see by a new thread I have put up today, I like to win.

 

Mrs M :D

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ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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By the way, mum did the trick with the phone by the telly. I hope they enjoyed neighbours at full volume. LoL

 

Mrs M

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ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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  • 4 weeks later...

Hi all,

 

for those wondering what Exspurto's next move will be, have a look at this.

 

M

 

MBNA now Experto Credite issue a statutory demand

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ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

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New letter from Expurto.

 

 

exepurto.jpg

 

Not sure where they think she is going to get this money.

 

I would not trust any payment plan, and aside from that their DN is pants and they terminated after they sold the account so I think the answer to both these suggestions will be NO.

Any suggestions what to do next or should we wait.

 

 

Mrs M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Ive had the offer letter too , Shame! you missed out on their Seasonal Xmas offer letter!

My Posts exist exclusively to assist me in preparing litigation against another party.

As such, it is almost certainly protected by litigation privilege.

 

The legal requirements for claiming litigation privilege are well established and are not in dispute.

Communication between a solicitor, or the client, or a third party will be protected by litigation privilege where the communications are for the dominent purpose of obtaining legal advice in connection with, or conducting litigation in prospect: Re: "Highgate Traders Limited (1984)"BCLC 151.

 

Copyright Information: All information contained in this website , Associated websites, and Forum posts are Copyright "Reclaim The Right Ltd". If you wish to use the information on this site for publication elsewhere then please email the administrator for permission.

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Hi Geoffrey.

 

I wonder what the Easter offer will be. :)

 

Mrs M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Well MandM,

 

My 'Dedicated Account Manager' must be shirking as I have not had an offer letter! :Cry:

 

It would have to be an 80% discount at least, for me to consider and of course a watertight letter that the debt has gone away but I know MBNA are not capable of drafting one. I wonder if Expurto are?

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Well MandM,

 

My 'Dedicated Account Manager' must be shirking as I have not had an offer letter! :Cry:

 

It would have to be an 80% discount at least, for me to consider and of course a watertight letter that the debt has gone away but I know MBNA are not capable of drafting one. I wonder if Expurto are?

 

EC will send you an offer of £12 a month by Direct Debit, then when you have acknowledged the debt, no doubt they will go down the route of a Statutory Demand requesting Bankruptcy.

My Posts exist exclusively to assist me in preparing litigation against another party.

As such, it is almost certainly protected by litigation privilege.

 

The legal requirements for claiming litigation privilege are well established and are not in dispute.

Communication between a solicitor, or the client, or a third party will be protected by litigation privilege where the communications are for the dominent purpose of obtaining legal advice in connection with, or conducting litigation in prospect: Re: "Highgate Traders Limited (1984)"BCLC 151.

 

Copyright Information: All information contained in this website , Associated websites, and Forum posts are Copyright "Reclaim The Right Ltd". If you wish to use the information on this site for publication elsewhere then please email the administrator for permission.

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Right on the button Geoffrey.

 

Definitely ignore Dotty.

 

Sorry Dotty, obviously I meant ignore MBNA not you. LoL

 

See what they come up with next.

 

We are also in a fight with MBNA but as of yet we have had no letter Maybe they only do it for certain people, I wonder what the criteria is.

 

Mrs M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Definitely not Dotty, the only people we like to upset are DCA's and creditors.

 

Mrs M ;)

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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HI everyone just an update.

 

Got a call today from a chap from Expurto, goes like this;

 

Hello can i speak to mrs ***

 

No you can talk to me.

 

It has been a while since we had any money.

 

And.

 

Well we need to resolve this.

 

No we don,t.

 

If you dont resolve this we will be handing it over to CMC.

 

Now im really scared.

 

I dont think you realise the seriousness of this.

 

Yes I do, and as I see it the account was sold on to you before the DN finished and before the account was terminated.

 

I think you are wrong there.

 

No I am not.

 

We have sent you all the paperwork you asked for.

 

Yes I know and it was in this paperwork that I realised something was not right, so I have had someone looking at it.

 

Well we deal with Case management firms every day, so how long is it going to take.

 

It is not with a case mangment firm it is with my solicitor, who is advised me what to do next on this account.

 

Well when can we have an answer as to when the account is going to be resolved.

 

You already had my answer in a letter sent to MBNA concerning the unlawful recession.

 

Do not ring again.

 

That made me feel good.

 

Mrs M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Wow These idiots just walk straight into it don't they.

 

Mrs M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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CMC is EC...

 

so he is going to hand it over to the person sitting next to him?

 

When did you get your letter from EC saying that your alleged debt had been sold to Varde Ireland?

My Posts exist exclusively to assist me in preparing litigation against another party.

As such, it is almost certainly protected by litigation privilege.

 

The legal requirements for claiming litigation privilege are well established and are not in dispute.

Communication between a solicitor, or the client, or a third party will be protected by litigation privilege where the communications are for the dominent purpose of obtaining legal advice in connection with, or conducting litigation in prospect: Re: "Highgate Traders Limited (1984)"BCLC 151.

 

Copyright Information: All information contained in this website , Associated websites, and Forum posts are Copyright "Reclaim The Right Ltd". If you wish to use the information on this site for publication elsewhere then please email the administrator for permission.

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Mrs M,

 

Do they display a number when they call?

 

I am getting calls showing Unavailable, Out of Area and withheld private caller

 

Really liked your call BTW

Edited by Dotty50
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Hi dotty.

 

The number that normally calls is 01189525300.

 

This is Expurto, although you may get the odd withheld they generally dont bother. You may find yours could be another company.

 

Hi Geoffrey.

 

They wrote to mum 23/10/09

 

Which was before the DN had expired and before they terminated the account.

 

I wrote on her behalf and informed them that it was an Unlawful Recision see letter below.

*********************************************************

Dear Sir/Madam

 

Unlawful Rescission.

 

 

Re account no *************

 

With reference to the alleged debt to your company, I refer to your Default Notice dated 9th October 2009, posted second class and received by me on 13th October and your subsequent actions confirming your previous written intentions to terminate the agreement.

 

 

Not withstanding 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.

 

Yours Faithfully

*********************************************************

Pumpytums helped with this letter.

 

As it was sent to MBNA I do not know if it was sent on to Expurto, but judging by the guys attitude today I think they did and he was probably hoping that we may have forgotten or he thought that because my mum is a pensioner she would be bullied into agreeing to whatever they wanted, which to be honest if she was dealing with this herself she would have given in months ago.

 

Mrs M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Thank Mrs M.

 

I sent a similar UR letter (courtesy of Vint) for one of my MBNA accounts but also sent a letter to dlc to advise that I had accepted MBNA's unlawful termination.

 

Will keep a not of that phone number

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Hi just an update.

 

As the phone calls from Expurto have started again I can only assume that MBNA have not forwarded to them the Unlawful Recession letter we sent them on 22/2.

 

I am going to send a copy of the letter and see what they come back with.

 

I will also send a copy of the Harassment letter I sent them back in early Nov 09 and which they have now decided to completely ignore.

 

By the way MBNA have never replied to the letter.

 

Mrs M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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How does this look. Am I making the point or should I add anything else.

 

*********************************************************

Dear Sir or Madam:

 

Reference Account :

 

 

Please find enclosed copy of letter sent to MBNA.

 

As you will see from the letter, this account is in dispute and as such I have no obligation to your company to pay you any monies that you are claiming I owe you.

 

I would also like to advise you that a letter of harassment was sent to your company in November of last year.

 

If you continue with the harassment calls to me then I will have no alternative than to inform the relevant Authorities of your decision to ignore my request and take action against you.

 

Yours Faithfully

*********************************************************

 

Mrs M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Nudge.

 

Mrs M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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