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Is this a valid NOA?


one4all
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Hi All

 

I received this letter from Experto Credite dated 1/9/10.

 

http://s811.photobucket.com/albums/zz32/one4all275/MBNA%20Experto/

 

I want to know if it is a valid notice of assignment. I have not received any correspondence from MBNA yet since their DN dated 9/8/10 with action required by 26/8/10.

 

Should MBNA have notified me of the sale of the account?

 

One 4all

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hi,

My take on the Law of Property Act (others disagree) is that the NoA should be in the hand of the assignor, not the assignee but somehow they circumvent that by saying they have the permission of the assignor to send out NoA's.

 

With the DN. Was it posted 1st or 2nd class? Did you keep the envelope?

 

As the sale was so quick after the DN expired it may be worth sending MBNA a SAR to ascertain the actual date of sale

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Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Well it's a valid notification that the debt has been assigned, yes. All the Law of Property Act 1925 requires is that you are notified in writing of the assignment. Doesn't matter which of the parties informs you

I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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Many thanks for the quick replies. With regard to the DN and the envelope. Yes, I did keep it and I received the DN (dated 9/8/10) on 11/8/10. Do I have to SAR for the date of sale or will they tell me over the phone? Should MBNA have told me in the DN that they were going to sell the account?

 

One4all

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You really want screenshots of your account history as they might show up what you need

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Guest HeftyHippo

you want everything. if you ask for specifics, they may send you only that, claiming that that is what your request covered

 

I think there is a template in the library

 

some key phrases to make it wide ranging:

re account number xyz; zxy

any and all data concerning but not limited to the above accounts, and including but not limited to:

agreements, contracts and the like, and any items considered to be same

statements

etc

 

I am with Silverfox, I belive the relevant act required the NOA to be written by the seller, but I think that if Experto or Varde are contracted to do the NOA as part of the deal, then a judge might accept that they aran agent of MBNA and it is as though MBNA do it. In the same way that if MBNA had a temp who (was employed by an agency) did the NOA, it would be considered that MBNA did the NOA not the agency. A grey area, but not specially important. The NOA actually doen't make any differnce to you. Its purpose is to make sure that the debt is paid to the right person. If a NOA isnt issued, you should continue to pay the original lender, the new lender then has to get the money off the old one. If a NOA IS issued, and yu pay the old lender, your debt is still with the new one, and if the old one doesnt pass the money on, you have to get the money back of the old lender, and still pay the new one! As youre most likely not paying the debt in full anyway, it most likely doesn't make much difference.

 

Lookig at the Default Notice, it looks like the bit in bold is incorrect. The bit that is underlined " DO NOT" should be more prominent than the rest of that statement, but it looks like the whole statement is the same.

 

Yours looks similar to the situation a few of us had last year, and a thread in the last week or so - perhaps this is part of an annual clear out by MBNA.

Have a look at one of threads it has "funny one this" in the title, and was between sept and Dec last year I think. its a funny debt triangle between EC Varde and MBNA

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Guest HeftyHippo
many thanks for your comments. I made a SAR to MBNA back in Dec 2009 so can I make another?

 

yes, they can only refuse a SAR if one has been made recently, but one year is long enough to justify one, esp when there has been deveopments such as this. Read my thread I mention above.

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Thanks, I am working my way through the posts - there's alot!

 

Can someone clarify if a notice of assignment should be sent via recorded delivery?

Thanks in advance

Edited by one4all
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Guest HeftyHippo

If you read the Law of Property Act, there is a bit that deals with the service of NOAs. That bit mentions a kind of postal service that is not avalaible now (replaced by Recorded). It says that service by that kind of post is acceptable. Some say that that means that if it isn't sent recorded it isn't valid.

I disagree. It only says that using 'recorded' is acceptable. Doesnt say it must be used. If you wanted to dispute that service was satisfactory, in my opinion you would have to convince the judge. In most cases he would probably feel that if you got the Notice ok, it was intact and legible, then it was served ok. In any case, if you read my post above, the NOA actually only tells you who to pay. If you don't get it yuo would continue to pay the original creditor. The failure to serve a NOA only affects who gets paid, not whether payment should be made, and doesn't actually help you.

 

If you continued to make your payments to the original creditor, and the buyer took legal action which you defended on the basis that a valid NOA wasn't served, if you lost, you would have to pay the buyer and get your money back of the OC. If you won, they'd issue a NOA anyway. If you had made payments to the OC, the buyer could ask for them and would probbaly get them as they would usaully have aclasue in teh contrat t buy. If you hadn't paid anything, the arrears would be covered by teh new NOA anyway.

 

The best outcome is that you won the case and the buyer wasn't able to recover the payments you made to the original creditor. You might get some costs. Most probably though, the buyer would ask for a new NOA to be made as it costs a couple of quid and closes the loophole.

 

At worst, you lost the case, had to pay their costs, and the arrears.

 

Argue about it if you want to be awkward, but your energies would probably be better spent getting proof that the agreement was repudiated. and for that, you actually want the NOA to be valid!

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Hi, Heftyhippo, thanks. SAR posted to MBNA today. Should I now send CCA request to Experto or Varde and based on the other posts will they even reply?? Also, Experto are contacting me on a mobile no. which MBNA never had and I don't know how they have got it? How do I stop this?

 

You can probably tell that I am confused about what to do!

 

One4all

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