experto/varde now PRA Group chasing old MBNA silver nomination choice card debt

[firstship]

Question................

mbna debt sold to Exporto,,,,,,,,,,,,,,,,,,,,,

am I correct in thinking I have no agreement with this company so why should I pay them anything,

I have signed nothing with Exporto have agreed to nothing,

or is it not that easy??????????????

 

adding to above...............

 

.Have been reading a long thread about Experto and Varde Investments Ireland............

 

...Varde have purchased the debt from MBNA and Experto are writing to me on behalf of Varde..............

 

my view is I need a letter from Varde stating they have purchased the debt and that they give Experto the authority to act on their behalf,

I think this is not to much to ask...............

 

..It then raises the point I do not have any agreement with Varde,

I have signed nothing,

can I refuse to pay them or is the debt enforceable by Varde or Experto????????????????...FS

 

Any one got on ideas of how I stand with Experto,there are conflicting threads..............FS

...FS

[dadofholly]

Send MBNA an SAR asking when and to who they have sold the debt.

 

May be worth getting this thread moved to the DCA thread.

[Dotty50]

Hi Firstship,

 

What was the situation prior to it going to Experto, did you have a DN from MBNA?

 

Did you receive a NOA?

 

There are others on here (me included) where MBNA sold on to Experto before the expiry of the DN.

 

I would also recommend SAR to establish the dates and go from there.

[firstship]

Hi...Dotty50.....some time since been in touch...........The NOA just a line in a letter from MBNA,nothing from Varde and I am not happy having Experto act on their behalf even though I am aware they are a part of Varde,until I get written confirmation from Varde that they have bought the debt and Experto has the authority to represent them...............MBNA sold to Varde before DN expiry.....How did you deal with this???????, will use SAR if Experto and Varde do not comply.....................thanks...........FS

[Old Cogger]

You say just a line from MBNA, you sure it wasn!t in a Experto Credite envelope as happens, if MBNA sent to NOA it should be Recorded Delivery direct from them I understand? is your DN valid MBNA usualy are not so some extent??

[Dotty50]

http://www.consumeractiongroup.co.uk/forum/showthread.php?201852-Mbna-Virgin-Cca-(sold-to-Experto-Credite)

 

Here is my thread firsthip, not updated of late because of more pressing matters to deal with at home.

 

Although I wrote to Experto advising of Unlawful rescission, it seems it would have been better not to have acknowledged them as any NOA should be sent by recorded delivery.

 

I believe that Varde do not have a uk licence which is why Experto act on their behalf.

[firstship]

Hi.thanks for the response.................DN dated 09/08/2010...............letter from MBNA dated 24/08/2010 confirming a DN is in place and states the account has now been legally assigned to Experto Credite.............on the 01/09/2010,Expertos letter states "we are writing to advise you that Varde Investments (Ireland) Ltd has bought the interest of MBNA in the above reference account,including the outstanding balance.Consequently,Varde is now the legal owner of your account.Under the terms of the Asssignment Experto Credite has been appointed by Varde to recover any and all outstanding sums" Am I correct in assuming the DN is faulty because of the 14 day ruling,am I further correct in having written to Experto that no notice of transfer by Varde and no confirmation from Varde that they authorise Experto to act on their behalf is the correct route to take............thankyou.....FS

[Old Cogger]

Can you upload minus personal details this letter you say from MBNA with copy of envelope it came in? also copy of your DN showing only the dates not your name etc, (if NOA from MBNA did letter come recorded delivery?).

Edited September 10, 2010 by Old Cogger

[firstship]

thanks for the replies,will upload info over the weekend,,,,,,,,,,did not keep envelopes(I should know better),no recorded delivery from MBNA............................FS

 

Find attatched DN and page 2 of MBNA letter and Experto letter,,,,,,,,,,,,,,,,,comments please........FS

 

.. The DN took 6 days to arrive........FS

 

 

2010-08-24 MBNA default.pdf 2010-09-01 experto lette - debt sold to Varde Ireland r.pdf

[Old Cogger]

Bet 1st one came in Experto envelope, seeing hand writen date?

 

your name is on the DN

 

Letter DN DATED 9/8/2010 you say 6 days for delivery = say 14th = 14 days is to 29/08/2010 clear days (14) 30th August 2010, maybe sar them as they probably sold earlier seems to be the norm,. Disputed DN I would say, if that other letter genuinly came from MBNA was it Recorded delivery to you, see what others have to say more experianced?

 

i would ask somebody but an account in dispute letter to Experto I would suggest, also MBNA

[firstship]

..thanks for your replies,,SAR I think will be the best route...............I still have my doubts about Experto and their right to handle this debt on behalf of Verde as Verde have not contacted me or sent NOA.................FS

[Old Cogger]

Experto would acknowledge a account in dispute letter mentioning a dated letter you sent, then ignore hence telephone calls, SAR MBNA o.k. that should give more information?

[firstship]

At the moment SILENCE,we will wait and see......FS

[roygoodbeat]

I'm in the same boat. Be carefully with Experto as they are not very nice.

 

However, if the default notice is invalid like mine, then you are only liable for the arrears at the time of the invalid default notice. (Less costs for unlawful temrination) In my case, they have also refused to send me information under my subject access request. They have denied receiving a notice, with payment even they they have spoken about it and signed of it.

[firstship]

Anybody any ideas,MBNA sold debt to Varde Ireland and Experto say they act for Varde.............I feel Varde should supply DOA,is this correct???????Varde should also supply a letter stating they have assigned Experto to act on their behalf??????is this correct????When a debt is sold am I correct in assuming a new contract should be required between the new owner of the debt and myself??????????????I am trying to apply some logic to this problem,my contract was with MBNA,Varde purchased the debt so the contract is now void with MBNA but there is not a new signed contract with Varde???????????????HELP ON THIS PLEASE...............................FS

[Old Cogger]

Did you SAR MBNA? could send account in dispute letter to Ex Perto, if you have not already?

[firstship]

done the account in dispute letter to Experto,they are quick with their demanding letters,slow at replies when you dispute anything

I will try reply within 7 days or, thats the problem CCCS will not allow me to take Experto/Varde of my creditors list on the basis of CCA dispute.I am still on "no interest" so do not want to rock the boat to much........................thanks FS

 

Sorry missed out...................Still feel Varde Ireland need to supply DOA plus letter confirming that Experto can act for them,and I am still in doubt about"new debt owner but no new agreement does the agreement with MBNA still become enforceable even with a new debt owner?????????????

At the moment I am paying Experto and accepting their word that they are acting for Varde

,not happy about this and yet CCCS are happy to pay them, on my behalf???????FS

[Old Cogger]

no experto imply verdi ownership, no MBNA notification, you ask verdi for information, you will no doubt receive letter saying they will contact MBNA for DOA , but wait wait wait for it here we go: a so called letter in an Experto Credita Envelope saying DOA, so they are sending out their own see [previous posting on subject, see post 8?) then check date of so called letter? KEEP ENVELOPE.

Edited October 9, 2010 by Old Cogger

[firstship]

Mike770..............thanks for your reply...........will wait.....and also check back..................thankyou............FS

[firstship]

Experto have produced a copy of a signed APPLICATION FORM and state this complies with s78 in my view an Application Form is not an Agreement...ANY VIEWS....still fighting with Experto that Varde have not confirmed purchase of debt and I am not prepared to accept Expertos word that they act for Varde...ANY MORE VIEWS...........FS

[Dotty50]

Hi Firstship,

 

Are you able to scan and post up what they sent?

[firstship]

Hi..Dotty...... long time............the Application Form has my signature and all other details comply with an application,their letter is a short sharp we consider this complies with the s78 request and the correct T&Cs where included..............my stand is an application form is not an agreement,however a number of site managers seem to feel the signed application form with T&Cs and proof of payments made in the past are sufficient to comply..................FS

[Dotty50]

So they are putting a little more into their response, mine just said, please find enclosed a copy of the agreement, please contact us to resolve payment!

 

No mention of s78.

 

You will probably get letters from CMC (Credit Management Consultants) next.

 

I have recently had 6 in about the same amount of weeks!

[firstship]

Hi...Dotty50.........thanks........ look forward to the next response...................all the best....FS

[firstship]

Hi.today received a letter from Experto and enclosed is a document on MBNA headed paper which is MBNAs DOA details stating sale of debt to Varde Ireland like this is 5 months late in arriving.

 

Still no DOA from Varde or confirmation that they have assigned Experto to act for them.

 

FS