EXPERTO CREDITO/MBNA - Incorrect Account Number

[Dontknowwhattodo]

Hi

 

Would some one be kind enough to have a look at the "agreement" that Experto have sent me. So far they have been chasing me as agents for MBNA but have an account number that I do not recognise. So I had asked for a credit agreement and this is what I received - yet again the account number does not match.

 

Please advise.

Many thanks for all your assistance. Warmest Regards

 

 

 

[emandcole]

If that's all they've sent you then I wouldn't be overly concerned with the incorrect account number, not that doesn't warrant further questioning.

 

It's missing all kinds of vital information, even the form of credit offered (Credit Card Agreeement) doesn't match with the type of credit (Credit Agreement) the form is for. Place the account in dispute and ask them for a proper credit agreement with full prescribed terms and applicable terms and conditions at the time the account was opened. If this is all they have then it's unenforceable.

[themagician]

how old is the debt ? and have you either acknowledged or made any payments in the last 6 yrs.

if not then its statute barred .

if yes then you need to send a cca request to the dca include the £1 p.o. for the fee do not sgn it but print your name, send recorded delivery and keep a copy of all correspondance with them.

never spk to them on the phone all correspondance in writing only.

[Dontknowwhattodo]

Hello

 

Thank you for your replys.

 

The situation is as follows:-

 

My original Credit Card was issued by Alliance & Leicester. Some time later MBNA took over. Late 2008 I got into money difficulties and sought help from Payplan. MBNA were the only ones who would not accept Payplan's offer of reduced payment. However, I have continued to pay what I can afford via Payplan and MBNA have been "accepting" this payments, nevertheless.

 

Late last year MBNA issued a default notice. The account number on this DN was incorrect. I wrote to MBNA to ask for a CCA in regards to the account number they were referring to - thus far I have had no response.

 

A few days later I received a letter from Experto Credite saying they were now dealing on behalf of MBNA, once again the account number was one that I did not recognise. So I wrote back to EC I did not acknowledge the debt and also copied the CCA request letter which I had sent to MBNA.

 

It all went quiet for a bit and this week EC have sent me the above credit card agreement with a covering letter requesting me to telephone them as soon as I receive their letter to discuss a payment plan.

 

The account number they qoute on their letter and on the "agreement" does not match.

 

I want to write to EC but just don't know which template I should use. Any suggestions?

 

Do I put in a CCA request? Bearing in mind the request is still pending with MBNA, do I send another request to EC?

 

Can EC start court proceedings eventhough I don't a debt with that account number?

 

Many thanks for all your help.

 

REgards

[emandcole]

First off if anyone started proceedings on this it would be to test your metal only - just to see if you cabe in and admit the debt rather than defending. If you were to defend they would be silly to pursue it.

 

As for the agreement number I'd definitely want to know more but it may be the case that this agreement number is all part of the various changes this loan has seen with different companies being involved. Question it still of course and let them give you the answer.

 

As for ringing them don't, they just want to see if they can fool you into making payment on a loan they must know is poorly documented.

 

Do you have this default notice? If not I'd try to get hold of it.

 

As for all of the CCA requests your aim from this is to get sight of the agreement...which you have. It sucks so the ball is in their court.

 

I'd simply write back to EC telling them the agreement they have sent is missing prescribed terms and as such you are placing the account in dispute. Remind them of their obligations during this period as well. Throw in the confusion about the account number mismatch and ask for clarification.

[Dontknowwhattodo]

Update

 

Hi everyone

 

I have today received a letter from Experto stating an account number that I recognise. This is what the letter says:-

 

Due to a technical error on our systems, we have been corresponding with you under an internal account reference number you may not have recognised.

Our legal advisors have directed us to communicate with you using the correct account number allocated to you as it relates to the original credit agreement.

The correct account number shown in this letter will be used in any future correspondence.

Please contact our office today, if you need further clarification.

 

Sometime back [June 2009] I had requested MBNA to send me the CCA. I have had a few responses from them saying they are still trying to locate the agreement. The last correspondence I had from MBNA [December 2009] was to say that their "specialist team" was trying to locate the agreement and in the meantime I should continue to make payments in regards to the account.

 

MBNA have not sent me a default notice, termination of account notice or informed me that they have sold the debt to Experto.

 

Would someone please be kind enough to tell me how to proceed with this. All help is greatly appreciated.

 

Thank you for all your help and support

 

Regards

[emandcole]

You need to obtain this supposed default notice, termination of account and assignment information. Do you know if the account has been sold completely or is Experto just collecting for the creditor?

 

If you've done the CCA you should probably consider a SAR to the original creditor to determine what's going on. Ask them to confirm what has happened to the account. Once you know such information you will be in a better position to adopt a strategy .

[palomino]

One small point for reference : Alliance & Leicester credit cards were administered by MBNA - it was always only MBNA that you dealt (even if they used A&L stationery).

[F_DCAs]

'Experto Credito' - is it just me, or does that name seem tacky and 'Del Boy'-ish?

[emandcole]

Reminds me of Eldorado and the word Scorchio from the take off of the Spanish weather programme. They should grabeo their sombrero and get on their donkeyo and ride offeo into the sunseteo for a change .

[tranders]

'Experto Credito' - is it just me, or does that name seem tacky and 'Del Boy'-ish?

 

You'll find that Experto Credite are showing up a lot recently with respect to MBNA - usually fronting for Varde Investments (Ireland) Ltd.

M&M, myself and several others have them on our backs.

[Dontknowwhattodo]

Hello all

 

THANK YOU so much for your encouraging responses.

 

I am now going to send a SAR request to MBNA.

 

However, should I respond to Experto or shall I just let it ride until I get a response from MBNA.

 

Many thanks for all your help.

 

Warmest regards.