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

[firstship]

As Dotty states need to scan up the document.

 

Have you pushed Experto regarding that you have not received a letter of Assignment from Varde or confirmation that Experto can act for them(Varde)?

My thread No14

 

FS

[roygoodbeat]

Yes. I have pushed Experto and my last letter stated that I would not reply to anything they sent until they had complied fully with my subject access request including a full deed of assignment and confirmation of when the account was purchased. I have never had anything from Varde and I have told them a number of occasions.

 

Have re subject accessed requested MBNA but they have not complied either and are about two months over the 40 day period. Experto are over 6 months over the 40 day period.

[firstship]

Then refer this to the ICO reference MBNA,Varde,and Experto they cannot go on with holding data,and if you feel in a complaining mood,make formal complaints to MBNA and Experto

 

Regards FS

[roygoodbeat]

I have made formal complaints but these have either been side stepped or ignored.

[firstship]

Must inform ICO,write to EXperto and MBNA inform them the ICO have been informed of their avoidance of compliance, give them 14 days to comply,should they be unable to do this,you will consider the account closed,

 

should shake them up

 

FS

[DontPushMe]

Be prepared for a long wait for some kind of reaction from ICO. I put in a complaint about info being held back and 3 months later I got a phone call from ICO asking if I still wanted to pursue the complaint to which I answered "Yes". Another 4 months later I received a letter from ICO with their decision. They did not uphold my complaint because of the wording in my original SAR which was taken from a standard SAR template letter on CAG. 7 months wasted. Good luck - you'll need it.

 

DPM

[firstship]

DPM what part of the SAR template letter did ICO object to ,it would be useful to be made aware,and perhaps the Site Team can investigate and amend if applicable

 

thanks FS

[ltc1607]

Hi all

just had a letter from Experto advising me that the only way we can sort this is in court.I have a DN asking for the full amount dated 7th sept and on my SAR request it says account sold to experto not varde on the 18th sept. I then have a letter from experto dated 23rd sept saying that MBNA had sold to varde.In the latest letter it says I quote you are aware that the default notice does not prevent the sale of a debt and we have nothing on file to suggest you took any realistic steps to agree payment terms with mbna or experto to discharge your indebtedness either before the expiry of the remedy period contained within mbnas original notice.It also says I will be issued with an updated notice of default in order to give me time to readdress the matter.Any ideas asto what I should do?

[Old Cogger]

Must be letter out week last week, letters from Experto O.H. received one to-day as well, nonsense from them, they need to get educated and go to spec savers.

[ltc1607]

Was the letter the same as mine?

[Old Cogger]

Was the letter the same as mine?

 

No in response to a query which again they have tried to ignore by lies from MBNA!

[firstship]

I am not understanding how MBNA/Experto/Varde are getting away with no replies to their obvious lies.

 

Like a number of you I have the DN from MBNA after 13 days sold to Experto according to MBNA,however Experto state the debt has been bought by Varde,so we have MBNA telling porkies then Experto telling porkies,and Experto claim they represent Varde,I refuse to pay anybody until they sought out their outright lies

 

No response from any of them

 

FS

[ltc1607]

Hi Roy have you heard anymore from experto I am in same position as you but have just been told an account can be sold before the expiry of the DN

[alternative-answer]

DCA are 3rd party interlopers, (google it) they have no first hand information in your affairs and can only proceed against you if you contract with them, ie; you enter into an agreement with them. They have no authority in your affairs unless you grant it. You had a contract with MBNA, the fact they sold it means that their books are now zero'd so the there is no debt. All credit is created out of thin air, figures typed on a screen, you want evidence of the full accounting from the DCA, they can't provide it because there is no money.

 

1. Provide validation of the debt, that is, the actual accounting.

2. Verification of their claim against you, that is, a signed Invoice.

3. A copy of the Contract binding both parties (you and them), and send that letter by recorded delivery so that there is an independent witness to it having been delivered."

Every letter you write should be marked clearly "Without Prejudice" which means that you reserve all your lawful rights and accept no contract unless it is shown to be lawful by meeting the four conditions essential to a lawful, binding contract, namely:

1. Full Disclosure (you were not told that you were actually creating the credit with your signature) Your signature creates money, very valuable.
2. Equal Consideration (they brought nothing of value to the table and so have nothing to lose) banks put up nothing, they are set to lose nothing. Google 'Money as debt'
3. Lawful Terms and Conditions (yours were actually based on fraud), and
4. The signatures of both parties (corporations can't sign because they have no Right or Mind to contract since they are soul-less legal fictions, and no third party can sign a contract on their behalf)

[firstship]

I think you will find a debt can be sold and all titles etc pass to the purchaser who does not have to provide a new agreed contract with you,you are still governed by the original agreement.

 

This thread is concerned about the extremely bad practice(lies) MBNA,Experto and Varde are using and their continued lack of honest replies,or lack of any replies

 

FS

[roygoodbeat]

Just opened the post today and Experto have issued another default notice, for the full amount and giving just 14 days to act. Surely this is another one of their tactics as MBNA already issued one that was incorrect, which I have accepted that they have issued a wrong default notice and their unlawful rescission of contract?

[locks]

Got court papers though today claimant varde intend to defend......so here we go round one

[Dotty50]

 

Hi Locks,

 

Sorry to hear you have been issued with a claim, there are a lot of us on here that are sitting it out awaiting Experto/Varde's next move.

 

Perhaps it would be a good idea to start a thread for yours and you will get lots of help and it will also assist others who may come up against this.

 

If you start a thread, put a link on here for us to pick up an follow.

[locks]

Will start a thread over the weekend, plenty to tell and will need some help with defence

[locks]

New thread started

http://www.consumeractiongroup.co.uk/forum/showthread.php?321215-Need-help-locks-v-varde-investments

[roygoodbeat]

Hi

Looking for an update in case and advice on what to do next. Been following this site for a while and have posted things on here before.

 

To cut a long story short, I had a MBNA card which I fell inarrears with. This was originally with Bank of Scotland. Fell on hard timeslike most people here.

 

1) Served a Subject access request on them on the27th April 2009. They failed to send info within the requiredtimescale and I put the account into dispute. They did in the end send some ofthe info but not all, including a copy of the deed of assignment. I have had acopy of their computer logs which states that they had overlooked it. Didreport them and the ICO found in my favour.

 

2) Asked them to provide a copy of the creditagreement. They did send me a photo copy of the application form and statedthat this was the agreement, however, on a number of occasions they have statedthat due to retrieval issues, they are unable to provide a copy of the originalcredit agreement. The application form does not contain all the prescribedterms and it would appear to be unenforceable through the courts.

 

3) They charged off the account on 30thSeptember 2009 and issued a default notice for the full amount on the 7thOctober, not the arrears.

 

I wrote to them since to accept the invalid default notice and accepted that I would only be liable for the arrears, less anyinterest charged since the account went into dispute. I have asked a number of times for them to confirm the arrears outstanding but MBNA have ignored this.

 

At the time I was never in a position to repay the full amount. (Nor am I now) Was advised by a debt charity that the notice was invalid and they could notenforce it for the full amount, only the arrears.

 

4) A big issue I have is that I have complained toMBNA about the telephone calls I keep getting from them or their debtcollection agencies.

 

I originally asked for my phone number to be removed in2008 but they have never actioned this. I have cited they I wish for my numberto be removed but they have ignored it.

 

I have noticed on their call log that Ihave stated that I want to communicate in writing only. What’s more alarming, thereare records that they have contacted my old work number on a number ofoccasions.

 

5) The alleged debt is about £2300 but the arrears atthe time of the default was about £430. They have charged me £60 in charges andabout £200 in interest since the account went into dispute.

 

Now after several months I am now again being called almostdaily by Westons. I have advised that the number they call I use mainly forwork, but they keep ignoring. Calling as early as 9am and as late as 20.45.

 

I would like to make a final offer but I have not acknowledgedany debt or anything for about 10 months now. Should I continue to ignore untilall the issues have been resolved or make an offer

 

Hi

Looking for an update in case and advice on what to do next.

To cut a long story short, I had a MBNA card which I fell inarrears with. This was originally with Beneficial Bank. Fell on hard times likemost people here.

 

1) Served a Subject access request on them on the27th April 2009. They failed to send info within the requiredtimescale and I put the account into dispute. They did in the end send some ofthe info but not all, including a copy of the deed of assignment.

 

2) Asked them to provide a copy of the creditagreement. They did send me a photo copy of the application form but only afterthey issued a default notice in October 2009. The application form does not containall the prescribed terms and it would appear to be unenforceable through thecourts. They and the new owners Varde Investments (Experto) claim it is anenforceable credit agreement.

 

3) They charged off the account on 30thSeptember 2009 and issued a default notice for the full amount on the 7thOctober, not the arrears. Four days later I received a letter from ExpertoCredit stating that they had purchased the debt and I need to them in future.From the log I received from Experto, t states the account was handed over onthe 30th September. I was advised verbally that it was sold to themend September, beginning October.

 

I wrote to MBNA accepting the invalid defaultnotice and unlawful recession of the agreement. I even advised Experto andaccepted that I would only be liable for the arrears, less any interest chargedsince the account went into dispute.

 

I have asked a number of times for them toconfirm the arrears outstanding but MBNA and Experto have ignored this. At thetime I was never in a position to repay the full amount. (Nor am I now) Wasadvised by a debt charity that the notice was invalid and they could notenforce it for the full amount, only the arrears.

 

The issue with this I neverreceived a deed of assignment form MBNA. I have since received one fromExperto, but it’s non-dated, on a single piece of paper and does not look likeany I have seen. Never had anything from Varde.

 

4) A big issue I have is that I have complained toMBNA and Experto about the telephone calls I keep getting from them or theirdebt collection agencies. I originally asked for my phone number to be removedin 2008 but they have never actioned this. I have cited they I wish for mynumber to be removed but they have ignored it. I have received (Nothing recent)a number of ranting calls from Experto.

 

5) The alleged debt is about £10000 but the arrearsat the time of the default was about £900. They have charged me £60 in chargesand about £300 in interest since the account went into dispute.

 

6) Over the last week, I have received a newdefault notice from Experto with current dates, for the full amount. The letteris the same as a standard default but with the added lines, “As you are awareVarde Investments now own the debt”

Wanted to know where I stand. Do I still ignore? I haveapplied again to see my credit record to ensure Experto have not defaulted meagain or changed the dates. I have not acknowledgedany debt or anything for about 10 months now. Should I continue to ignore untilall the issues have been resolved or make an offer?

 

[citizenB]

Erm, MBNA failed to comply with your SAR request and you put them into default ? Why the hell didnt you either make a complaint the Information commissioner or issue a claim against them for non compliance ?

 

MBNA routinely destroy paperwork after 6 years so you would have lost quite a lot of information.

 

I am not sure why a new default notice has been issued by the new owners of the account.. especially if as you say, MBNA had already issued one!.

[Sidewinder]

Keep pushing them on the point that the Agreement which you have been sent is non-compliant and the Unlawful Rescission. The history on this is very similar to my own - no Agreement, no DN and no NOA and I disputed the debt on that basis for around two years, and they continued to pester right up to the point that they issued proceedings.

 

They came up with the Agreement and copies of the other paperwork AFTER papers were served and I issued a CPR request - you are probably OK to keep referring them to the contents of your previous letters of dispute for now, however if, as in my case, this gets passed from Experto to IND they tend to be extremely litigious and don't wait around to argue.

[rebel11]

Thread moved to the correct forum.

[roygoodbeat]

They were found in default by the CO orginally. Still never recitfied and have lost faith in the CO.

 

Have checked my credit record and there is no new entry for a new default. I do not understand why they have issed a new default with current dates. I am sure there is no lawful grounds for this.