MBNA sold debt without ever producing any paperwork whatsoever.

[MW2]

Hi would like to know how to start my own thread as am dealing with Experto myself after MBNA sold debt without ever producing any paperwork whatsoever,now received a letter giving me 7 days to pay or else!!8-)

[MW2]

Meant to add letter from HL LEGAL Solicitors,from reading other posts i take it these are a few desks down from Experto!!

[maroondevo52]

Hi, MW2.

 

I'll move your posts to start a new thread.

 

Regards.

 

Scott.

[firstship]

MW2.........Hi......HL and Experto the same............who purchased the debt was it Varde Ireland????????????????????Experto usually state this in their letter.............if MBNA sold the debt they are required to to send a Notice of Assignment, this can be a line in a letter saying "we have sold this debt to....whoever)" and the purchaser of the debt are required to do the same............if Varde are the purchasers and Experto acting for them the letter needs to be slightly different from the obvious..............will watch out for your reply............good luck............FS

[MW2]

Hi and thanks for your reply,yes it is Varde Ireland,i did have a letter from them on the 25 may stating they had bought the debt,nothing from Mbna,Default notice dated 7may 2010 from mbna,i have today asked for the CCA from experto.

[firstship]

MW2............so Experto wrote to you stating that Varde Ireland had purchased the debt and had been instructed by Varde to act on their behalf,at this stage write to Experto and say you have never heard of Experto or Varde why should you accept their word that Varde own the debt and they Experto have authority to act on their behalf, you are required to prove this debt before you will give this your consideration..................CCA send this later...see what their response is to the PROVE IT letter...................FS

[MW2]

Hi thanks for your reply, can I ask if there is a letter I could send to mbna regarding missold pip insurance as it was a condition of getting the card that I took out the insurance,and I want it back!!!

[firstship]

MW2.........yes PPI can be recovered/challenged..........in your case if PPI was sold as this was the only way you will get a card,that is sufficient to claim..........because there are a number of reasons covering mis-sold PPI there does not appear to be a letter,send a letter along the lines of...............I am claiming back mis-sold PPI because it was made very clear to me that unless I took out PPI I would not get the MBNA card......................send to MBNA not Experto................do you have all the statements covering the period of PPI payments???????????.......FS................you need to work out the PPI payments then add the interest that was applicable at the time and then add 8%...................

Edited December 1, 2010 by firstship

[MW2]

I've been looking around on the Internet and it appears if the account is over 6 years old,which mine is, it's harder to make a claim on ppi as they won't have the records of the account that far back ,is this the caes?

[firstship]

Do not believe it,they have records they are just hiding behind "we only need to supply up to 6 years worth of statements"should they make this reply to you tell them as they are unwilling to co-operate you will estimate the payments made to them and add the likely interest and the 8%..................FS

[MW2]

Thanks, will do just that

[MW2]

Just Received a strange letter from Experto staing they have been Monitoring my financial records through a credit reference agency and can see an improvement in my cicumstances and they expect me to contact them immediately to resolve this matter??

Id like to know how they can possibly do what they are claiming?

And also if i have got an improvement in my circumstances to let me know wher so i can start spending some of it:lol:

[firstship]

Do not phone them........strange letter........write to them and ask them to supply the details they refer to from the CRA they have been monitoring ..............have you sent a Prove it Letter??????? because you are dealing with a company who say they represent another company who you have never heard of,why would you consider sending money to a stranger..................FS

[MW2]

Hi firstship the letter I sent to them was the one when the debt has been passed to a dca while still in dispute with original lender, can't for the life of me think what they've been looking at? No doubt highly illegal whatever it is!! Will write and ask them.

[MW2]

Sent above letter and was signed for by them last tuesday(1st dec),still no reply, should I just wait or is there a time limit for them to reply?

[firstship]

experto are never quick with their replies..............to sum up your thread MBNA sold your debt and did not bother to send a Letter of Assignment,Experto/HL confirmed that they represent Varde Ireland and Varde had purchased the debt and from the out set MBNA are in Account in Dispute situation............. am at this point myself with Experto.............have written to Experto and told them I am not prepared to take their word that they represent Varde and who is Varde(I am aware of who they are and their connection with Experto) and I am not prepared to accept their word that the company they represent who I have never heard of have purchased the debt,they Varde need to write to me to confirm the purchase(Assignment) and their authority to allow Experto act on their behalf.As things stand you are asking me to pay a company I have never heard of who represent another company I have never heard of,do you think I am silly? and in passing MBNA sold the debt you say whilst the account was in dispute which is in contravention of OFT guidelines,and suggest you return the debt to MBNA.....................a letter along these lines should start things moving.............FS

[MW2]

Yes thats about the gist of things,also am i right in thinking MBNA have unlawfully terminated my agreement? I do believe the DN is defective.

[firstship]

As long as MBNA where in default and did not send you a letter of Assignment,they have ignored OFT guidelines as it so happens the OFT on the 10th December took MBNA to task for their methods of dealing with their clients in financial difficulty,and should they continue it could cost them £50,000 per complaint,with this in mind tell Experto,to return the account to MBNA and respond to your letter regarding their additional OFT guideline contravention.Write to MBNA re the mis-sold PPI get your claim in,and inform the OFT and the ICO,either online or in writing regarding MBNAs complete disregard of OFT guidelines....................FS

[MW2]

Just had a response today from Experto asking me to inform them of the dispute with mbna so they can refer it back to them? What should I send them, if anything and should I mention the missold ppi on the account? Any advice would be appreciated.

[firstship]

Tell Experto that MBNA are in default of the Law of Property Act 1925 section 136 and 196 by selling a debt without informing the debtor,and further remind them that you have no idea who they Experto are or their clients Varde Ireland are,under the current circumstances, your company need to prove the existence of a debt ......and you are in the process of claiming back mis-sold PPI from MBNA(get this claim in to MBNA asap)...................FS

[MW2]

Sorry to be a bit thick here but I've just bought a postal order for mw sar request, how will I know if they've cashed it?

[firstship]

you can check online to confirm recorded delivery letters and same with postal orders,keep a note in both cases of the numbers and barcode details........good luck....FS

[MW2]

Hi thanks once again for the reply,sent off sar reques yesterday,do they have 40 days from when the recieve it to comply,does this include weekends or 40 consecutive days?

[firstship]

Hi 40 days from date of your letter, consecutive days, on day 41 send non compliance letter,although you will probably get an acknowledgement before the 40 days are up.......FS

[MW2]

Right sar request sent before xmas and letter sent to Experto lets wait and see what happens!!