MBNA/Experto Credite - accounts mixed up & incomplete agreement, funny one

[pumpytums]

From what I have read on other threads Espurto now seem to like to collect bad payday debts. So it seems they have found their natural level.

 

I have helped other people out when they try to issue or threaten to issue statutory demands. Their general MO seems to be you offer them a F&F next thing you know they get their friends at unfairfax (Eversheds) to send a statutory demand as a scary threat. Complete abuse of process. But you usually get costs.

 

They seem to be using a company called allied debt collections to call you using recorded messages to phone them too. Very scary indeed.

 

Pumpytums

[GeoffreyAlby]

I think HSBC are adopting EC tactics too....

 

 

 

If you admit to debt and start paying £10 a month , before you know it they go down the SD route because by making a payment you admit the debt even though their CCA 1974 "supposed" agreements arent worth the paper they are written on. So, lesson to be learnt..... Dont get tricked into the £10 a month payment schemes!

[Old Cogger]

Hope you weren't holding your breath HH!

 

 

Still not breathed out???;):p

[Guest HeftyHippo]

long time ago Mike. In fact, I'd actually like them to get in touch because I could tell them they've bought a pup and actually try to get them to understand and accept my legal position. As it is, I left it I think, being unsure who actually owned the debt as they were all saying contradictory things. Even so, the clock ticks, and the longer it ticks, the less likely it is they'll get anything

[Dotty50]

Mine were sold off to Experto/Varde at the start of the year, so long ago I cant even remember exactly when, but I've heard absolutely nothing, not even a birthday card

 

Surely they've contacted someone......or have they realised their mistakes and trying to find a way out?

 

BF

 

Yes, looks like it's LB getting the treatment at the moment!

 

http://www.consumeractiongroup.co.uk/forum/mbna/203663-mbna-sold-experto-no-16.html#post3029681

[jessie_girl6]

Hi all

Well, it is hotting up for me on this front!

I too was part of the MBNA sell-off last year when my credit agreement was 'sold' to ExpCred (according to MBNA comms log) in mid-October and before the remedy date on my DN had been reached. Since then, I've SAR'd MBNA, got a copy of my agreement (well I think it's my agreement!) from ExpCred and now have the joy of dealing with CMC (Credit Management Consultants) who do a fine job of leaving very long messages on my telephone! These messages are getting more frequent and threatening about what they will be doing, so I am expecting some litigation in near future.

 

Is anyone else hearing from CMC?

Has anyone yet ended up in Court with this situation?

 

Regards

JG

[Guest HeftyHippo]

EXpeto mentioned CMC inone of their letters. That was it

 

I got a letter from Experto yesterday saying if I was out of work, in arrears, (and other categories of hardship) I could qualify for assistance. All I needed to do was contact them.... yeah right

[pumpytums]

Hi Jessie,

CMC are in fact another name for Exspurto. They are just playing silly games.

 

The only thing I have heard EC do it to issue Statutory Demands or threaten to issue of them. A SD is the first step in making someone bankrupt. They do this as a threat to contact them. They should not be used in this situation and it's a complete abuse of process.

 

You have to ask yourself why would a company issue a SD which would cost them £900+ if they went through with it. And potentially end up with writing your debt off for you, especially if you have nothing. When they could take you to court and get the lot + costs.

The simple fact remains if the agreement was sold to EC it's fundamentally flawed in some way. Usually the agreement is unenforceable, also in lots of other cases the Default notices are also invalid and MBN@ have unlawfully rescinded the agreement.

 

Another thing to think about it is why MBN@ with all their cash and clout didn't take you to court rather than selling it to an "outfit" like EC.

 

EC don't answer letters and simply send daft texts and ohh so scary letters and get their mouth breathers to phone you occasionally between peanut breaks. EC chase payday loans and unenforceable Argus agreements in their spare time when they are not hunting for golden bananas.

 

Pumpytums

[jessie_girl6]

Unfortunately I might be on the receiving end of one of those SD's regardless as we are home owners (albeit with an unaffordable mortgage and no equity!) and just the sort that they will want to follow up on. Bankruptcy for me/us is just not an option!

But as you say, I know that

1. DN was invalid (not allowing 14 clear days, full balance demanded, improper text)

2. Account sold before remedy date

3. No Deed nor Notice of Assignment from MBNA

4. My acceptance of their illegal termination both via letter and stopping payment

5. Questionable CCA - must follow up on that now that I think of it

 

So, I'll let you know if anything happens - good or bad !

JG

[jessie_girl6]

Could someone please give me their view on my CCA with MBNA?

 

I think it is fine: it has my correct name and address, and my signature from around Aug 2005. It also has the Key Info there, as well as MBNA's address.

 

Any views?

 

Thanks

JG

MBNA CCA JG.pdf

Edited July 15, 2010 by jessie_girl6
Forgot attachment !

[GeoffreyAlby]

Unfortunately I might be on the receiving end of one of those SD's regardless as we are home owners (albeit with an unaffordable mortgage and no equity!) and just the sort that they will want to follow up on. Bankruptcy for me/us is just not an option!

But as you say, I know that

1. DN was invalid (not allowing 14 clear days, full balance demanded, improper text)

2. Account sold before remedy date

3. No Deed nor Notice of Assignment from MBNA

4. My acceptance of their illegal termination both via letter and stopping payment

5. Questionable CCA - must follow up on that now that I think of it

 

So, I'll let you know if anything happens - good or bad !

JG

 

 

If they do go for an SD , all you have to do is apply to get it set aside because the account is in dispute and you dont acknowledge any debt. You appear to have sufficient arguments for such.

[Guest HeftyHippo]

jessie, you'd do better to start your own thread if you want an opinion on your CCA. There is also a helpful sticky about agreements which contains examples of dodgy MBNA agreements

[one4all]

Hi, subbing

[GeoffreyAlby]

CMC sending out Texts to their payment line.....

 

They obviously dont want to waste a single penny trying to chase debts that they know are unenforceable!