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

[MandM]

Yes! SAR. Welcome to the MBNA/Irish Appreciation Society lol.

 

Some links you may find very interesting.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/238117-mbna-experto-credite-accounts.htmlhttp://www.consumeractiongroup.co.uk/forum/mbna/237488-mbna-account-sold-exerto.html

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/242253-parallel-mbna-ec-varde.html

http://www.consumeractiongroup.co.uk/forum/mbna/226658-mandm-mbna-virgin-money.html

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/243110-varde-investments-experto-credite.html

[haggis1984]

Welcome to the MBNA/Irish Appreciation Society lol.

 

 

Its a good group

[roygoodbeat]

No response from the company regarding my subject access request.

 

Have had a letter from MBNA. They claim they have not unlawfully rescended their agreement and that they did not sell the debt until the end of October.

 

According the the company they have sold it to, they claimed mid October they had been sold the debt and they verbally confirmed this was sold approx beginning of October.

 

Still waiting for the subject access request I sent them.

[roygoodbeat]

After a few letters and random phone call all went quiet.

 

Now I have a Mr Green calling me on behalf of MBNA. Does not do any security checks when he calls, just goes straight into I am calling you regarding your MBNA debt or the money you owe MBNA.

 

Speaks very agressively on the phone.

[slick132]

Find out what company he works for if you can, and report them to the ICO for failing to carry out security checks - clear breach of the Data Protection Act.

 

[roygoodbeat]

Spoke to the new company after receiving a series of demands from them. They do not appear to have a copy of my subject access request despite them signing for it. Getting frustrated with this as this will simply prove unlawful recession.

[Dotty50]

Hi Roy,

 

MBNA have denied they sold mine before DN remedy date but SAR response confirms otherwise!

 

I have also checked and saved my latest Experien report which also confirms sold prior to remedy date, so might be an idea to check your credit file out.

[MandM]

Spoke to the new company after receiving a series of demands from them. They do not appear to have a copy of my subject access request despite them signing for it. Getting frustrated with this as this will simply prove unlawful recession.

 

Hi Roy,

 

Who did you send the SAR to out of interest?

 

Those of us that have found out the 'true' sold date have got that info through a SAR to MBNA. If you have sent this before to MBNA (I think you have without reading back) you may need to send them another one to get the info since your last SAR. Apologies if i've misunderstood, but your post above reads that you've sent SAR to the 'new people'.

 

M

[roygoodbeat]

They have passed the deadline for 40 days after sending a subject access request. They sent me some basic info and stated that the rest will need to be sent from MBNA eg: Deed of assignement. They have not produced proof or proof of date when they were sold the debt.

 

I have sent them notice that they must respond within 10 days or else I would consider taking legal action against them. That's expired too and still no info.

 

I looked at my credit report and it does not state when it was sold to the new company.

[MandM]

Remind them also that you require the Communications Log, that's where your 'sale' date will be tucked away.

 

M

[roygoodbeat]

Have requested this. The only thing they sent was a page from a PC. Looks like it was loaded on the 30th Sep which coincides with when they verbally told me that they would have purchased the debt. They wrote on the 14th Oct to say that they had been sold this.

 

MBNA claim this was not sold until 31st Oct but was identified before hand.

[roygoodbeat]

What to do next??

 

I have now written to the Information Commissioner and threatened the new owners legal action as they have not complied with my Sunject Access Request.

 

MBNA have denied unlawful recession, they have said that they have done nothing wrong and the debt now belongs to another party.

 

My credit record does not show when the new debt was aquired.

 

What to do next?

[Dotty50]

Roy, they told me that my sale was identified beforehand but I have the evidence both in the letter from Hillesdens (dlc) and MBNA's comms log.

 

You may need to do another SAR to get this from MBNA (not who it has been sold to) if your original SAR was a while ago, then this information wouldn't have been showing then.

 

As far as the CRA's are concerned, perhaps MBNA have wised up on this!

[pumpytums]

Hi Roy,

as Dotty has said I would get another SAR off to MBN@ ASAP.

 

 

Pumpytums

[roygoodbeat]

Surely the new debt company should have the deed of asignment and proof that they are the rightful owner. They should have some documentation proving the sale to them and on which date??

[pumpytums]

I was thinking that the new owner could get "creative". If you have the comms log from MBN@ it will tie everything up nice.

 

Knowing Exspurtos typing skills you will be luck to get anything out of them.

 

Pumpytums

[roygoodbeat]

If I write to MBNA again, this will be the third subject access request I have done. Like Experto, they were late in giving me the info and they did not supply all the information. What to stop them from doing so again?

[pumpytums]

MBN@,

do tend to send most of the info you need if you wish mention the communications log in your SAR. They were a little late with mine but only by about a week.

 

I would be interested to hear what you managed to get out of Exspurto with your SAR?

 

Pumpytums

[roygoodbeat]

Nothing apart from a couple of computer print outs and a screen shot showing the date of 30th Sep. The default notice was sent on the 7th October and should have finished 14 (plus 2) days after that. I received a letter dated 14th October stating that it had been sold to Experto.

 

The default notice did not comply with the regs.

[Dotty50]

When did you make the last SAR to MNBA?

[roygoodbeat]

april 2009 and to the new company in feb 2010.

 

Just had the new compnay send me statements but not deed of assignment or proof that they legally own the debt. I have now written to the information comissioner.

[Dotty50]

Hi Roy,

 

I would definately SAR MBNA again and specifically request the comms log, I agree with MandM, I do not think you will get the sale date confirmation from anywhere else and I would mention that you are after this confirmation just in case they have the ability to amend dates on their systems!

Not that I am suspicious!

[roygoodbeat]

Latest update:

 

Someone from Experto called and started demanding when I would pay them. Furthermore, when I explained that they had not sent me a deed of assignment, he said that they had sent everything, I should realy know what I am talking about as the recent Waksman ruling stated that they could enforce the debt and was frankly rude and agressive in tone.

 

A little bit annoyed as they have not proved that they own the debt and refuse to send me this. MBNA just write back and say;"speak to experto" or they have not unlawfully rescended this agreement.

[roygoodbeat]

Now had a series of calls from Aegis? who keep calling me on my work mobile. I have advised them not to call on my work mobile number, but they keep doing it.

 

In this case, they have issued an unforceable agreement and have issued me with an incorrect default notice.

 

Does anyone know what I am liable for? I beleave it is the max that was outstanding at the time of the deafult notice. I understand I can offset this with costs and interest. Anyone know what amounts?

[supasnooper]

I think it would be a good idea if you started a new thread for your Aegis problem as it will get muddled with the advice for this MBNA thread.