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mikeandlisa

MBNA, account sold to Exerto Credite as sonn as I SAR !!

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Hi everyone !!

 

Not been here for a while but in my little war with MBNA they finally came up with an application form in response to my CCA request with a badly jigged signature box at the bottom by way of reply after 8 months.

 

I employed a company claims company to SAR them on my behalf and lo and behold MBNA promptly sold the account to someone called Experto Credite whom Ive never even heard of has any one else know them and what they are like ??

 

So, no default letter, no deed of assignment, nothing, just a letter from a company Ive never heard of saying "pay up" !!

 

I wrote to Experto telling them that I had no knowledge of them, the account was in dispute and should not have been sold to them and that I disputed their right to make any demands of me also that I needed to see a letter of authority from MBNA.

 

That letter went out on the 15th November and on the 21st November I received a letter from Experto saying that they would suspend activity while they investigated my claims and that in any case I would have received notification of the sale.

 

OK, following day I receive a letter from MBNA dated 22nd November from MBNA telling me that all my future dealings should be with Experto Credite.

 

Im totally confused, surely I should have been notified BEFORE they sold the account not after and I don`t know if I have to start all over again with this new bunch of numpties. Ive contacted the claims company who have been very supportive and are currently looking at the SAR paperwork but they just advised me to ignore anything from Experto. Any thoughts anyone ????

Edited by mikeandlisa
misspelling

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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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Thanks M & M looks like we are both at about the same place. Im sending another letter to Experto saying that the alleged account has been illegally sold whilst in dispute and that they should return it to MBNA. I`ll let u know what they come back with.

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Thanks M & M looks like we are both at about the same place. Im sending another letter to Experto saying that the alleged account has been illegally sold whilst in dispute and that they should return it to MBNA. I`ll let u know what they come back with.

 

Out of interest, at what stage did they they issue your DN? They issued mine and then sold the account (confirmed by them in writing) before the date was up on the DN :D.

 

I also know 2 other people (not on Cag) that were introduced to Exspurto around the same time with the same issues.

 

Looks like MBNA off-loaded a whole bunch of us (incorrectly) in one go.

 

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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They sent me a letter that was supposed to be a default notice but insisted that I pay the full amount or they would close the account. As I pointed out at the time, they could ask for the alleged balance but asking for the full amount and then saying "bye" did not constitute a legal default notice so in a way Ive never recieved one.

 

Never heard another word from them until Experto turned up. I think you`re right a lot of us seem to have been dumped on Experto in a pre Christamas clearout !! Ive already written a couple of times to Experto telling them that the alleged account was in dispute and they have been sold it illegally so lets see wht they come up with.

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Oh yeah, one other thing.

 

I had never heard of Experto Credite until one of their letters turned up, Id never been sent a notification of sale and when I pointed this out to Experto they got on to MBNA and I received a letter from them telling me to deal with EC from that time onwards. That was dated AFTER my letter to EC asking them who they were !!!!

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Oh yeah, one other thing.

 

I had never heard of Experto Credite until one of their letters turned up, Id never been sent a notification of sale and when I pointed this out to Experto they got on to MBNA and I received a letter from them telling me to deal with EC from that time onwards. That was dated AFTER my letter to EC asking them who they were !!!!

 

This is the same as my situation at the moment,I have had no DN so having a think of my next course of action.

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Oh yeah, one other thing.

 

I had never heard of Experto Credite until one of their letters turned up, Id never been sent a notification of sale and when I pointed this out to Experto they got on to MBNA and I received a letter from them telling me to deal with EC from that time onwards. That was dated AFTER my letter to EC asking them who they were !!!!

 

This is the same as my situation at the moment,I have had no DN so having a think of my next course of action.

 

Will be interesting to see what the SAR throws up regarding date of assignment etc! Can't wait for my reply :D

 

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, in order to seek benefit of s87, they need to serve a complient DN. Can you post yours up ( or what you think is a DN ) minus your details of course.

 

The DN is an important legal document that they must issue BEFORE demanding early repayment, taking you to court or selling the debt on to a third party, that is not able to offer the same credit facilities.

 

Did your letter from Experto Credit mention Varde?

 

Have a read below.

Originally Posted by 42man

 

quote the following from Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561)

 

 

 

SCHEDULE 2

 

FORM OF DEFAULT NOTICE BEFORE A CREDITOR OR OWNER CAN BECOME ENTITLED, BY REASON OF ANY BREACH BY THE

DEBTOR OR HIRER OF A REGULATED AGREEEMENT, TO TERMINATE THE AGREEMENT, DEMAND EARLIER PAYMENT OF ANY

SUM, RECOVER POSSESSION OF ANY GOODS OR LAND, TREAT ANY RIGHT CONFERRED ON THE DEBTOR OR HIRER BY THE

AGREEMENT AS TERMINATED, RESTRICTED OR DEFERRED OR ENFORCE ANY SECURITY

 

Regulation 2(2)

 

Details of agreement

 

1 A description of the agreement sufficient to identify it.

 

 

Parties to agreement

2 (1) The name and a postal address of the creditor or owner.

(2) The name and postal address of the debtor or hirer.

 

 

Details of breach of agreement and action required to remedy, or pay compensation for, the breach

 

 

3 A specification of:--

(a) the provision of the agreement alleged to have been breached; and

 

(b) the nature of the alleged breach of the agreement, specifying clearly the matters complained of; and either

 

© if the breach is capable of remedy, what action is required to remedy it and the date, being a date [not less than fourteen days] after the date of service of the notice, before which that action is to be taken; or

 

 

(d) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach andthe date, being a date [not less than fourteen days] after the date of service of the notice, before which it is to be paid. relevant case law is this too...

 

DEFAULT NOTICE

 

The Need for a Default notice

Notwithstanding the above, it is also drawn to the courts attention that no default notice required by s87 (1) Consumer Credit act 1974 has been attached to the petition.

 

It is denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant

 

Notwithstanding the above points, I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237)

 

Service of a default notice is a statutory requirement as laid out in sections 87,88 and 89 Consumer Credit Act 1974. Section 87 makes it clear that a default notice must be served before a creditor can seek to terminate the agreement or demand repayment of sums due to a breach of the agreement. therefore without a valid default notice, I suggest the claimants case falls flat and cannot proceed and to do so is clearly contrary to the Consumer Credit Act 1974

 

Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119

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No mention of Varde at all. I dont have a scanner but the DN looks exactly the same as others I have seen on here. It demands the full amount or they threaten to close the account and take further action. Forgive me if Im wrong but I was under the impression that whilst the account was in dispute, they are not supposed to issue ANY sort of DN anyway, let alone flogging it to a DCA ?????

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No mention of Varde at all. I dont have a scanner but the DN looks exactly the same as others I have seen on here. It demands the full amount or they threaten to close the account and take further action. Forgive me if Im wrong but I was under the impression that whilst the account was in dispute, they are not supposed to issue ANY sort of DN anyway, let alone flogging it to a DCA ?????

 

Dig deep. See what's in your SAR. You might be surprised at what you find out.

 

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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Im a bit of a novice here. I`ve taken on a claims company who has SAR`D MBNA for me and is looking at the paperwork now.

 

Ive been doing this on my own for over a year now and they STILL havnt got my agreement. As soon as the claims company SAR`D them they seem to have decided it was too much trouble and sold the account. I dont know if that was because they saw that I have enlisted some help ???

 

Does anyone know if I shold CCA Experto as well ?? I have already done the "bemused" letter and it hasnt made any difference except that Experto wrote and said they would suspend activity while they made enquiries. Soon after that I received a letter from MBNA saying basically that I should deal exclusively with EC from there on. No mention of selling to Varde, no mention BEFORE EC popped up that they had sold, nothing ??

 

The claims company seem OK but is there anything else I can do ??? Im getting worried and with hubby in Afghanistan Im on my own with this and almost sick with worry. Ive got psoriasis all over me because of the stress and Im on anti depressants for the first time ever. Its getting too much for me to bear.

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Hi all

 

MandM it looks like they did the same to my mate.

 

The sent him a letter advising that unless the arrears was paid by the 26th November the account would be defaulted.

 

The letter was dated the 9th November and he recieved it on the 13th November. The very same day he got notice from Credit Expert that he had an alert. So he checked his CF and low and behold they had defaulted his account 13 days before the due date. But it gets better. According to his statement they sold off the account 26 days before the DN due date even though he had been making tokens payments until they came up with his CCA. He went to see a solicitor and low and behold they produced it. Not that you can read their copy of it. And I doubt its worth the paper it's written on either.

 

And he hasn't recieved a notice of assignment either, but he's not being chased as he has a solicitor involved.

 

Thanks

 

Scrapper Coco :cool:


"I just want to make people silky-smooth!"

 

Scrapper vs MBNA Partial Settlement Success. Saved £13,000 :lol:

Scrapper vs Barclays Bank Plc PPI Reclaim Success £5,500 :lol:

Scrapper vs Barclaycard Partial Settlement Success. Saved £6,000 :lol:

 

Scrapper vs Tesco's FOS upheld complaint. Possible court action to get default removed

 

Scrapper vs Egg (Barclaycard) Awaiting FOS

 

Scrapper vs Barclays Bank Plc Offered made & Refused. This means war :-x

Scrapper vs Barclaycard (Cabot) Waiting 4 years for CCA. Cabot advised irresolvable :lol:

 

Scrapper vs Intelligent Finance. Success

 

Scrapper vs Picture (Webb Resolutions) Success

 

 

Beginner's guide

 

Advice & opinions given by Scrapper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

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Sorry got that completely wrong. We have just checked his credit file and they actually defaulted his account on the 30/10/09 when the letter clearly sates that he will be defalted on the 26/11/09 unless the arrears is paid.

 

And the default notice letter is dated the 09/11/09 so in effect they had already defaulted him before they even sent the letter

 

Have they messed up?


"I just want to make people silky-smooth!"

 

Scrapper vs MBNA Partial Settlement Success. Saved £13,000 :lol:

Scrapper vs Barclays Bank Plc PPI Reclaim Success £5,500 :lol:

Scrapper vs Barclaycard Partial Settlement Success. Saved £6,000 :lol:

 

Scrapper vs Tesco's FOS upheld complaint. Possible court action to get default removed

 

Scrapper vs Egg (Barclaycard) Awaiting FOS

 

Scrapper vs Barclays Bank Plc Offered made & Refused. This means war :-x

Scrapper vs Barclaycard (Cabot) Waiting 4 years for CCA. Cabot advised irresolvable :lol:

 

Scrapper vs Intelligent Finance. Success

 

Scrapper vs Picture (Webb Resolutions) Success

 

 

Beginner's guide

 

Advice & opinions given by Scrapper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

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Lisa

 

Firstly, I would get rid totally of the Claims company you have been using and tackle this yourself. With all the time that has flown by with you waiting and waiting for info to come back from them, I feel it has been a waste of your time.

If you have a copy of your original letter to MBNA for you CCA request, print two copies off, then print off 2 new CCA requests with an added insert telling them they have still not responded, you are still waiting with a further 7 days to comply. Send one (with stapled originals) to Experto, and the other to MBNA, send them both recorded delivery and do not sign your name, just print it in capital letters.

 

Please don't worry too much, I know its easier said than done but you are amongst friends here and we all help each other, you are not alone in this. So chin up hun and be strong, just take the bull by the horns. Keep on top of all correspondence yourself so you have a perfect track of documentation. I too suffer from psorasis and yes with all the stress it has flared up. Now I even have it in my toenails and fingernails they are all brittle and falling off, been to see a specialist and he's told me theres no cure and nothing they can do. Ho hum. I'll have to live with this one, plus the tons of Dovobet and Capasal I apply every day. But I know one thing, I won't let these bastards grind me down.

 

Have you had your SAR back yet? When did you send it off?

Regarding default notices, have they actually sent you a default notice? Did you keep the envelope it came in? (Because they could be in default themselves if the dates don't tally).

 

Amber

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Im a bit of a novice here. I`ve taken on a claims company who has SAR`D MBNA for me and is looking at the paperwork now.

 

Ive been doing this on my own for over a year now and they STILL havnt got my agreement. As soon as the claims company SAR`D them they seem to have decided it was too much trouble and sold the account. I dont know if that was because they saw that I have enlisted some help ???

 

Does anyone know if I shold CCA Experto as well ?? I have already done the "bemused" letter and it hasnt made any difference except that Experto wrote and said they would suspend activity while they made enquiries. Soon after that I received a letter from MBNA saying basically that I should deal exclusively with EC from there on. No mention of selling to Varde, no mention BEFORE EC popped up that they had sold, nothing ??

 

The claims company seem OK but is there anything else I can do ??? Im getting worried and with hubby in Afghanistan Im on my own with this and almost sick with worry. Ive got psoriasis all over me because of the stress and Im on anti depressants for the first time ever. Its getting too much for me to bear.

 

 

Lisa

 

Which claim company are you using?

 

Send the DCA this letter

 

I got it from a mate of mine who's using a claims company

 

Dear Sirs,

 

Re: Agreement ending **** **** **** ****

 

I am currently receiving legal advice with regards to the above agreement

 

Please can you send any correspondence regarding this matter to my solicitor*************of ************ until this dispute has been resolved or until I advise you otherwise.

 

Please note that I also do not now wish you to telephone me to discuss this matter. If I receive correspondence or telephone calls from you as a result of my decision to challenge the validity of the agreement, in particular any threats to report me to the credit reference agencies, debt collectors & charging orders, I will not hesitate to instruct my solicitors to commence injunction proceedings against yourselves forbidding you from contacting me further pursuant to the Protection from Harassment Act 1997.

 

For the avoidance of doubt I would emphasise that the amount that I owe under the above agreement is disputed. Consequently I have informed my solicitors to commence further proceedings against MBNA regarding the false information which has been assigned to my credit file as you are in breach of paragraph 13.6 of the Banking Code and have been since this account was put into dispute.

 

 

Yours sincerely

 

 

 

 

 

Should keep them off your back because as soon as they know a claims company is involved they tend to leave you alone as they are not dealing with someone they can bully anymore.

 

If you feel you can handle this alone then dump the claims company ASAP as Amber suggested, but if you can't deal with it then keep them as they are your protection and a very big barrier between you and MBNA and the DCA's

 

Anyway hope that helps and a big up to all the folk in Afgan enough respect.

 

 

Thanks

 

 

Scrapper Coco :cool:

Edited by Scrapper

"I just want to make people silky-smooth!"

 

Scrapper vs MBNA Partial Settlement Success. Saved £13,000 :lol:

Scrapper vs Barclays Bank Plc PPI Reclaim Success £5,500 :lol:

Scrapper vs Barclaycard Partial Settlement Success. Saved £6,000 :lol:

 

Scrapper vs Tesco's FOS upheld complaint. Possible court action to get default removed

 

Scrapper vs Egg (Barclaycard) Awaiting FOS

 

Scrapper vs Barclays Bank Plc Offered made & Refused. This means war :-x

Scrapper vs Barclaycard (Cabot) Waiting 4 years for CCA. Cabot advised irresolvable :lol:

 

Scrapper vs Intelligent Finance. Success

 

Scrapper vs Picture (Webb Resolutions) Success

 

 

Beginner's guide

 

Advice & opinions given by Scrapper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

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Scrapper - remove the account number!!

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Amber it's not a real one 0123 4567 8910 1112, but will anyway


"I just want to make people silky-smooth!"

 

Scrapper vs MBNA Partial Settlement Success. Saved £13,000 :lol:

Scrapper vs Barclays Bank Plc PPI Reclaim Success £5,500 :lol:

Scrapper vs Barclaycard Partial Settlement Success. Saved £6,000 :lol:

 

Scrapper vs Tesco's FOS upheld complaint. Possible court action to get default removed

 

Scrapper vs Egg (Barclaycard) Awaiting FOS

 

Scrapper vs Barclays Bank Plc Offered made & Refused. This means war :-x

Scrapper vs Barclaycard (Cabot) Waiting 4 years for CCA. Cabot advised irresolvable :lol:

 

Scrapper vs Intelligent Finance. Success

 

Scrapper vs Picture (Webb Resolutions) Success

 

 

Beginner's guide

 

Advice & opinions given by Scrapper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

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Hi all, been off for a day or two. Try not to worry Lisa, you're getting good advice here so stick with us.

 

Scrapper - what's interesting is that MBNA seem to have sold a whole pile of us back in October - but forgot to tell us!! My NOA has just turned up with a back dated letter. But I know they sold the account some time back (fact).

 

I'll look into it a bit more but pretty sure they've messed up here. My DN hadn't even run out when it was sold to Varde (EC). Pretty sure this gives them a problem.

 

Lisa - all you can do for now is wait. It's up to them to produce the info. Are you still paying them?

 

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 MandM,

was it a notice of assignment from MBN@ or useless one from Exspurto?

 

Pumpytums

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MandM

 

We have checked his credit file and it definatley says defaulted

 

Defaulted On: 30/10/2009

 

But the letter states that he will be default and terminated on the 26/11/2009 unless the arrears is paid then no further action will be taken.

 

So what he really needs to know is if they defaulted him on the 30/10 and the letter is dated 09/11 recieved on the 13/11 have they completely shot themselves in the foot?

 

From what I have been reading they can only default you 14 days from the receipt ofthe DN excluding weekends.

 

He statement also states account was charged off on the 30/10 balance £0.00.

 

He hasn't heard from anyone though since he employed a solicitor.

 

Thanks

 

Scrapper Coco :cool:


"I just want to make people silky-smooth!"

 

Scrapper vs MBNA Partial Settlement Success. Saved £13,000 :lol:

Scrapper vs Barclays Bank Plc PPI Reclaim Success £5,500 :lol:

Scrapper vs Barclaycard Partial Settlement Success. Saved £6,000 :lol:

 

Scrapper vs Tesco's FOS upheld complaint. Possible court action to get default removed

 

Scrapper vs Egg (Barclaycard) Awaiting FOS

 

Scrapper vs Barclays Bank Plc Offered made & Refused. This means war :-x

Scrapper vs Barclaycard (Cabot) Waiting 4 years for CCA. Cabot advised irresolvable :lol:

 

Scrapper vs Intelligent Finance. Success

 

Scrapper vs Picture (Webb Resolutions) Success

 

 

Beginner's guide

 

Advice & opinions given by Scrapper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

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Hello everyone

 

Thank you for being so kind. Im frightened so badly and I feel so ill its good to know there are people out there who care.

 

My claims company is called Monster Claims and the lady there called Julie has been very kind and told me to phone her whenever I get scared. Im waiting for them to read the SAR paperwork and I will let you know what happens. Im going to take your advice and CCA Experto and MBNA again and see what happens.

 

Love u all xxxxxxxxxxxxxxxxx

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Im a bit of a novice here. I`ve taken on a claims company who has SAR`D MBNA for me and is looking at the paperwork now.

 

Ive been doing this on my own for over a year now and they STILL havnt got my agreement. As soon as the claims company SAR`D them they seem to have decided it was too much trouble and sold the account. I dont know if that was because they saw that I have enlisted some help ???

 

Does anyone know if I shold CCA Experto as well ?? I have already done the "bemused" letter and it hasnt made any difference except that Experto wrote and said they would suspend activity while they made enquiries. Soon after that I received a letter from MBNA saying basically that I should deal exclusively with EC from there on. No mention of selling to Varde, no mention BEFORE EC popped up that they had sold, nothing ??

 

The claims company seem OK but is there anything else I can do ??? Im getting worried and with hubby in Afghanistan Im on my own with this and almost sick with worry. Ive got psoriasis all over me because of the stress and Im on anti depressants for the first time ever. Its getting too much for me to bear.

Send this to Experto

 

Dear Sir/Madam

 

Re account no xxxxxxxxxxxxxxxx

 

With reference to the alleged debt to your company, this letter is a formal request of true copy of a signed and dated credit agreement for the above account number, under the terms and conditions of section 78(1) of the CCA act 1974. I enclose the statutory maximum fee of £1.00

 

I expect you to comply fully and properly with this request, within the statutory time limit.

I enclose a postal order no xxxxxxxxxxxxx in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

I look forward to hearing from you.

 

Yours faithfully

 

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Hi all

 

MandM it looks like they did the same to my mate.

 

The sent him a letter advising that unless the arrears was paid by the 26th November the account would be defaulted.

 

The letter was dated the 9th November and he recieved it on the 13th November. The very same day he got notice from Credit Expert that he had an alert. So he checked his CF and low and behold they had defaulted his account 13 days before the due date. But it gets better. According to his statement they sold off the account 26 days before the DN due date even though he had been making tokens payments until they came up with his CCA. He went to see a solicitor and low and behold they produced it. Not that you can read their copy of it. And I doubt its worth the paper it's written on either.

 

And he hasn't recieved a notice of assignment either, but he's not being chased as he has a solicitor involved.

 

Thanks

 

Scrapper Coco :cool:

Then they are stuffed. They have claimed the benefit of s87, without issueing a valid DN. Unlawful rescission.

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Sorry got that completely wrong. We have just checked his credit file and they actually defaulted his account on the 30/10/09 when the letter clearly sates that he will be defalted on the 26/11/09 unless the arrears is paid.

 

And the default notice letter is dated the 09/11/09 so in effect they had already defaulted him before they even sent the letter

 

Have they messed up?

Oh Yes.

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