Experto/Varde now Arrow/Shoos Claimform - old MBNA card debt

[Old Cogger]

NOA I understand has to come to you from MBNA signed for, check with others as you are getting the rubbish notification of NOA as we got in one of Experto!s own envelopes, make sure you keep the envelopes with letters.? others will advise I am sure.

[reignoffire]

On a side note they also sent a me a copy of my long awaited default notice (I have the original plus envelope) . It's clearly been fabricated with the dates and amounts changed to comply with the law. Where shall I go with this? Moral of the story - KEEP THOSE ENVELOPES!

[cadwallader]

Hi reignoffire

 

I also recevied a 'reconstructed' copy of an MBNA default notice (via Hillsden). Copy DN is signed by a different person than the original, date of copy is approx 3 months before that of the original and requirements to remedy breach are different. The original DN appears at correct date in SAR records, there is no trace in SAR records of the 'copy' at the supposed date.

 

C

[ltc1607]

Hi reignoffire

 

I also recevied a 'reconstructed' copy of an MBNA default notice (via Hillsden). Copy DN is signed by a different person than the original, date of copy is approx 3 months before that of the original and requirements to remedy breach are different. The original DN appears at correct date in SAR records, there is no trace in SAR records of the 'copy' at the supposed date.

 

C

Subbing exactly same situation

[ltc1607]

I had a letter telling me it had been sold to Varde but on info I got back with sar it says sold to experto.

[Old Cogger]

Experto are agents for Varde, bet the original envelope with Vardi was sent in a Experto envelope, not Recorded delivery to you from MBNA/

[firstship]

Lots of MBNA ending up sold to Varde and then Experto sending a letter saying they are acting on behalf of Varde....unless you have received a Letter of Assignment from MBNA and more important VARDE why would Experto expect you to pay money to them and what is more take their word that they act for Varde................Am in the same position with Experto myself and I will not pay them as I say Ive never heard of them or Varde so PROVE IT..............to date nothing.....................FS

[roygoodbeat]

Have written to MBNA with another subject access request.

 

The response so far. Nothing from MBNA but after several section 10 requests for Experto not to call on my work mobile.

 

1) Text sent on the 24th December from Experto with their xmas opening times and their 24 hour payment facility.

 

2) The multiple phone calls started on the 27th Dec.

 

Happy xmas from experto, ignoring my lawful requests.

[roygoodbeat]

I am having similar problems with Experto.

 

MBNA and now Experto have only sent application form and current T&C's. This does not comply with the Waksman Ruling. Application does not contain prescribed T&C's.

 

Experto did not respond to my Subject Access Request until last month. (It's taken them 9 months to admit that they had received this request and that I paid for it) They have hardly produced anything and the deed of assignment is typed on one sheet, no date and is in no way a proper legal document.

 

They still call me on the phone and have ignored my requests to remove my number and ignored my section 10 request. Have never receivd a proper deed of assignment from mbna.

 

They also sold the debt prior to the default notice and Experto wrote to me during the default recification period. Have accepted there unlawful termination. Just being ignored by Experto.

 

Wrote back in December to MBNA again for another subject access request. No acknowledgment. Almost 40 days is up. Keep on having this same problem over and over again with both of them.

[firstship]

Hi......Roy....did Experto state when the debt was sold that they represent Varde Ireland who purchased the debt??????????????...........with regard to Experto and MBNA,IMO you need to make ICO and OFT aware of both their absolute dont care attitude,and their complete lack of compliance of OFT guidelines,............MBNA have very recently had their wrists slapped for their attitude by OFT..........FS

[roygoodbeat]

Default notice dated 9th oct for full balance. rectify by 26th oct.

 

Letter from experto dated 17th Oct saying that they were representing varde and had been sold the debt.

 

Just had the mbna subject access request today.

 

Log confirms charge off on sep 30th. Sold to varde 17th Oct.

 

No deed of assignment for mbna to experto, no mbna statements included since they took over from beneficail bank. No deed of assignment for mbna taking over from beneficial bank.

 

Also on the log, they had received a letter of complaint on the 6th Oct, with a note to put on hold for 28 days. Complaint was ignored and reply not sent until 20th Nov.

 

I have also writen to mbna accepting unlawful termination of contract. They wrote back saying that the debt had not been sold until end of oct, after the default rectify date. Log and Experto say otherwise. Sounds to me both mbna and experto are acting outside the rules on this, could this be possible fraud?

[firstship]

Roy...I have made this statement before much earlier in the thread....why would you pay Experto who you have never heard of who say they represent Varde who you have never heard of.........You have not received a letter of Assignment from Varde or had any communication from them regarding their authority to allow Experto to act on their behalf,why would we even contact Experto???????....FS

[roygoodbeat]

My thoughts exactly.

 

No valid default notice.

Section 78 not fully complied with

Subject Access Requests not complied with by both MBNA & Experto

No deed of assignment

No letter from Varde

Unlawfully terminated contract, of which I could counterclaim in a court of law along with costs for unlawful charges.

Ignoring section 10 requests

False statements by MBNA

False statements and threats by Experto

 

Not a chance of paying a single penny. More of a chance of me counter suing should I have to but they do not even have an enforceable agreement in place so this has a good chance of being thorown out by a court of law.

[firstship]

Roy....I agree no contact...........see what happens further down the line.....,in your case so many cock ups,,OFT and ICO should be made aware.................FS

[roygoodbeat]

Have written to the oft and CO before regarding other lenders but nothing was ever done. One lender was found to have breached the subject access request however, at court stage the judge did not want to know.

[firstship]

Figures..............OFT....ICO are OK but only OK.................FS

[roygoodbeat]

Advice needed.

 

Mbna sent me my subject access request but failed to include the recent statements and deeds of assignment. I wrote to them stating that these were not there and surprise surprise, yet another call from Experto and letters.

 

Also checked on the log from mbna and it clearly states that the debt was charged off prior to the issue of the default notice and sold to experto during the default notice period. (This is backed up by a letter from experto stating that the debt had been sold to them) This goes against what mbna said when i calimed for unlawful rescission of the agreement as they state that the account was sold after the default period and yet all the evidence says otherwise. Sounds like a cover up or fraud to me.

 

Still waiting to hear back from mbna but experto have now passed my details onto their solicitrs legal (something) giving 7 days to pay up the alleged debt or else they may take me to court.

 

Fed up with experto and mbna side stepping everything. Any advice or should I just ignore these letters and calls.

[ltc1607]

I am in the same position wrote to MBNA to ask why it was sold to Varde before expiry of DN and why on the log it says sold to Experto and yet I have a letter from Experto saying sold to Varde and like you just ignored.Also my DN asked for the full balance.

[Old Cogger]

Usual experto crap, HL legal letter frightening, another words sent by experto, look down the side of the letter code: - etc experto + numbers?? if so another 75p HL solicitors letter for sale @ 75P? did it say to repond only direct to Experto?? sold to vardi usual letter but came from experto (just in case keep the envelopes attached to letters).

[roygoodbeat]

Yes. You are right. From HL Legal solicitors. Contact experto direct. I will stick to the last letter that I sent experto. Unless they fully comply with my lawful requests, I will not write to them again and ignore all letters. Unless anyone recommends otherwise?

[griffin036]

A Dn claiming the full account balance in order to remedy it is as near to a 100% defective DN as one is ever going to get- as it would be impossible for the debtor to lawfully comply with it

 

Is this statement still true after all the recent rulings?

[diddydicky]

yes, i take it you refer to the Brandon ruling........in that case the judge argued that although brandon had not been given 14 days in the dn- the creditor did not terminate for 3 weeks and so brandon (presumably who had a crystal ball and could see what was ahead- and somehow should have known when the creditor was going to terminated even before the creditor himself) had plenty of time to remedy

 

not unruurprisingly this is being appealed

 

however that has nothing to do with your situation

[roygoodbeat]

and still the creditor is chasing for the full amount...

[roygoodbeat]

Since the last HL letter, I have had one stating that they would be arranging a doorstep visit and calling around. I ignored that. Today I have now received:

 

We have now received instructions to issue proceedings against you in the county court for the recovery of the full amount outstanding together with interest and costs.

 

Letter goes on to say, contact Experto to pay or discuss.

 

Anyone had experience with this letter or do I ignore it and wait?

[Dotty50]

It could be a lba so I would be wary.

 

Are you able to scan it up for opinions from anyone that might have had a similar letter?