MBNA sold debt without ever producing any paperwork whatsoever.

[firstship]

wish you the best of luck,see what the SAR produces.....................FS

[MW2]

Quick update,received a letter today from Experto claiming that both themselves and MBNA would of notified me of the sale of the debt,which MBNA NEVER did,and they will arrange to obtain a copy of the relevant documentation from MBNA and will follow up with them regarding my PPI dispute.

[MW2]

No news on the SAR yet no acknowledgement from MBNA.

[MW2]

Hi just got my sar from mbna and they've only supplied the last 6 years, this seems to be industry standard, by this time I had cancelled my ppi, is there a way of getting this info from them? Also sar states sold to experto on the 19 th may but default gave me until 25 may to resolve? Agreement is an application form with a 2 page document attached saying terms and conditions but no prescribed terms anywhere on this document, on the application form I filled in it states " I have received a copy of terms and conditions and agree to bound by these" , how could I of received them when it's an application for a credit card? Also attached a 4-5 page separate document containig prescribed terms and conditions but stating charge of £12for missed payments, but statement shows charges of £25 so can't be the t&c at time of application, any thoughts appreciated.

[firstship]

MW2 Hi,6 years is the standard the banks say for retaining statements,,we know this to be untrue as many Caggers have ha d to their surprise 10+ years,however write them and and say as they are unwilling to supply the PPI details you will have to estimate the payments and add interest.

 

The fact that MBNA sold the debt on the 19th but gave you until the 25th to resolve,this appears common with MBNA add to the letter to Experto the company they claim to represent who you have never heard of have purchased a debt 6 days before your default date expired and suggest they return the purchased debt to MBNA

 

Further add to the letter in the absence of a Letter of Assignment from MBNA and a letter of Assignment from Varde they must be aware this is unacceptable and refer them to the 1925 act

 

Also add that if they think an application form and the wrong T&Cs complies with the CCA request,suggest they think again and ask them to read the OFT guidelines regarding DCAs

 

 

Further add the charges of £25 (add up the total amount value) claim all these back.

 

Finally try "as the account is in such a mess and contravenes so many OFT guidelines"suggest they write it of and should their response be deemed unacceptable by yourself,apart from full refunds of all PPI + interest,full refunds of all charges + interest the OFT,TS, will be involved(you should involve them )

 

good luck FS

[MW2]

Cheers for that will get on with it, at least I know why they wouldn't send me my agreement, because they don't have one!! I noticed as well that nowhere on the application form does it mention attached or otherwise t&c except the part above where it says I've already received them before I've applied!!!!

[Chazzyboy]

See my new thread

 

 

Edited February 4, 2011 by Chazzyboy
New thread started

[MW2]

Very similar but my application form is different to yours, but the same in as much no mention of any t& c overleaf or mention of them at all for that matter.

[MW2]

Update: received a letter from experto with what they say is my agreement, basically a blank form with my name printed on it, but also a letter to say they probably couldn't enforce it and how would like to start payments to them!!!!

[firstship]

MW2 nice letter from Experto no agreement cant enforce it ,how would you like to pay.This is just typical of them.

 

Remember a lot earlier in your thread I asked the question,Why would you pay somebody (Experto) who you have never heard of who say they represent (Varde) who you have never heard of,if I said I represented(BrandX) would you pay me any money,I dont think so.

 

They admit anyway they cant enforce the agreement.I would just ignore them and wait to see what their next move is,as at the present time there are so many ???? they cant answer.Just be wary of Probably Cant Enforce It

 

 

Regards FS

[MW2]

There's no probably about it, they could put anybody's name and address on a blanc form and say you owe us xx, surely?

What is strange is I have had my original application form from mbna themselves but what expert have sent isn't even the same one!!!

But as you say ignore!!

[MW2]

How about a 10% offer for full and final? Gets it out of the way

[firstship]

MW2 Full&Final a good route,I doubt they will go for 10% but well worth a try

 

BEFORE you go for F&F, believe me its a minefield, read the Blogs on site on this subject,get it wrong and the debt will come back and bite you.The balance can get sold to another DCA to make your life a misery.

 

The Blog by Sequencis is well worth a good read

 

Regards FS

[MW2]

Today received a letter from IND Ltd saying pay by the 20th July or we WILL start proceedings in court.

Is it worth replying with the information about the PPI claiim and the agreement being an application form with no prescribed terms and conditions, from looking around the site they tend to follow through with their threats.

[MW2]

Well a quick update....no court action as of yet, sent them a copy of the letter from experto stating they probably couldnt enforce in court and its all gone quiet.

[MW2]

Quick update........Aktiv Capital have now purchased debt and have instructed Experto to contact me again............that would be the same Experto that sent me a nice letter about probably not enforceable then!!!