Experto and my fathers MBNA debt - back after 2yrs

[gigaset]

Hi,

 

I am dealing with a DCA on behalf of my father.

The debt is in his name but he was helping me try and keep a business afloat so I have been servicing the debt.

 

 

Here's where we're at:

 

The debt was with a credit card company but the company sold the debt to a DCA in Sept/Oct

 

The DCA wrote to my father advising them that they now held the debt and would be writing further.

Nothing else was received from the DCA until early December when they sent a totally incorrect '.

..despite numerous attempt to contact you...' letter.

 

I wrote to the DCA enclosing a letter from my father authorising me to deal with the debt on his behalf,

also stating that he and his wife were finding it too stressful to handle (she has a heart condition and the debt issue is upsetting her).

The letter also instructed that all correspondence be only sent to my address

and that the DCA should restrict correspondence to letters only.

I also enclosed a SAR.

 

The DCA acknowledged the SAR and authorisation letter.

 

I have discovered from my father that he has not had any statements or other correspondence from the credit card company

for perhaps several years so I was hoping the SAR response would contain relevant info,

but it just consists of a set of screen prints from the DCA's system.

 

 

Related to this, I am mindful that Northern Rock (not involved here) recently had to cough up due to cockups

with their statements and the situation here may be similar.

 

Late Dec, despite acknowledging they would only deal with me, the DCA wrote to my father offering a monthly settlement figure

- his wife was again very upset.

 

 

They passed the letter to me without replying.

 

SO..

 

What should the DCA be sending me to verify the debt and its value?

 

Should I contact the CC company for other documentation/statements or is the matter solely for the DCA now?

 

I'm not trying to avoid paying the debt and don't particularly wish to stir things up,

but I don't really have any concrete info on anything (so is the debt 'in dispute'?),

plus what, if anything should I do about the DCA still contacting my parents?

 

Thanks.

[havinastella]

Hi and welcome to CAG.

 

I would send the CCA request to whomever is chasing the debt. Make sure you also ask this

 

I draw your attention to the paragraph

 

(a)the total sum paid under the agreement by the debtor;

(b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

© the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

 

Head the Letter 'I do not acknowledge any debt to your company'

 

When was the last payment, how much is owing and are there any charges/PPI?

[BRIGADIER2JCS]

Hi welcome to CAG,

 

Have you had a full reponse to the SAR?

Which CC company is this and which DCA is on the case?

 

A DCA will only have minimal data from the time they aquired the debt,is this DCA the new ''owner'' of the account or are they acting on behalf of the CC company?

 

You need to send the letter of authorisation for you to act and remind them that they have breached OFT Guidance on Debt Collection 2003/2012 regarding ignoring a 3rd party representative.

 

What discount was being offered on this debt?

Have you checked your fathers credit reference files if not do so it will provide data on the status of the account.

[gigaset]

Hi to both of you and thanks for the quick responses. To reply in one lump:

 

Last payment would have been about Sept 2012.

The issue of PPI is unclear as the paper trail is patchy a

nd I cannot remember that far back (the account was probably opened around 2006).

 

The SAR response from the DCA is their screen prints.

 

The debt is around £16K and they have offered a repayment of £20/month. This strikes me as very low and merely a hook to get the debt acknowledged.

 

CC was MBNA and the debt has been sold to Experto.

 

I have not yet done any credit checking.

[BRIGADIER2JCS]

Did you send a SAR or a CCA request to the DCA?

[BRIGADIER2JCS]

Time to check CR files.

[gigaset]

Hi,

 

It was a SAR.

[BRIGADIER2JCS]

Hi,

 

It was a SAR.

 

A SAR should go to the original creditor, a DCA will only have minimal data from the time they aquired the debt.

[gigaset]

A SAR should go to the original creditor, a DCA will only have minimal data from the time they aquired the debt.

 

Thanks, i'll be sending the DCA a CCA tomorrow. Althougn the guidelines suggest a postal order, would a cheque in my name (and not my father) be OK?

[BRIGADIER2JCS]

Yes a 3rd party cheque is fine, mark it for statutory fee only on the front and gack.

[BRIGADIER2JCS]

Statue Barred = 6 years (5 in Scotland) with no payment or unequivocal written acknowledgment of the debt.

In England and Wales it is acknowledged that the debt still exists, the OFT states in Guidance on Debt Collection 2003/2012 that it is unfair to continue to press for payment once the debtor has informed the creditor in writting that the debt is statute barred and the will not be paying, continuing to press for payment MAY amount to harassment (sect 40 admin of Justice ACT).

In Scotland the debt is extinguished.

[gigaset]

Hi everyone,

 

The ongoing Saga..

 

I have finally got a response to the CCA and that's just a copy of the original agreement

- no statements and no breakdowns as requested in the CCA as per the guidance in a previous post - ie:

 

(a)the total sum paid under the agreement by the debtor;

(b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

© the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

 

In addition, despite repeated assurances in writing from the DCA that they will deal with me rather than my frail parents,

they have resumed telephoning them and have now written to them to request they start making payments.

 

I feel a letter is in the making and, as ever, any guidance on wording would be appreciated.

[Desperate Daniella]

Hi,

 

Who was the original creditor?

 

DD

[gigaset]

Hi,

 

It's MBNA, with Experto as the DCA

[Desperate Daniella]

I believe a lot of the early MBNA accounts are dodgy. Have a look at some of the threads.

 

You say you have a copy of the original agreement. It must contain certain terms. Can you post it up? Removing all personal details, etc.

[gigaset]

Hi Everyone,

 

I had been dealing with Experto for an alleged MBNA debt on behalf of my father. This all kicked off in 2012-13

 

The last correspondence at that time (2014) was me telling Experto that even after such a long period of time

they had not sent sufficient information to cover the CCA. After that it all went quiet.

 

About a month ago, Experto wrote directly to my father again,

asking him to get in touch and start discussing arrangements to make payments.

 

I wrote back with a copy of my last correspondence and AGAIN told them to stop writing to my father

and that they had never completed the CCA request so there was nothing to discuss.

Regrettably, I only sent this letter covered by a certificate of posting (my bad).

 

A couple of weeks ago, Experto sent a pack of the previous correspondence from 2013-14 to my father (none of the DCA stuff, just their letters)

again suggesting he should get in touch,

so I have written back (recorded delivery!) enclosing a copy of my letter from August and a copy of its certificate of posting.

 

During the correspondence period up to 2014, Experto did write to my father directly several times,

and also phoned him a few times (details in the previous thread)

 

 

when I complained, they completed a couple of internal investigations which concluded they had a few things to apologise about,

but overall, they weren't that contrite.

 

 

Experto did point out that if I was unhappy I could make a formal complaint to various origanisations,

but I decided I didn't want the hassle.

 

 

Now I think is IS time to make a complaint, and I have advised Experto of this in the last letter I sent them a few days back.

 

In light of all this, would you kind people help me my complaint with the relevant points about Experto's behaviour in contacting my father directly,

any specifics relating to the failure to provide a full breakdown of the alleged debt since 2013 and anything else worth mentioning.

 

For my part, I am trying to find out more about the alleged debt and whether the issue of 'statute barred' applies.

In this respect, if any alleged debt accrues over a period of time,

does the 6 year period follow all the individual acruals,

or is a specific date determined for when the clock starts?

 

Many thanks and I'll keep you all updated.

Edited October 18, 2015 by gigaset

[mikeymack2002]

I assume when you say DCA you mean CCA? playing letter tennis is not worth the agro either tell them to put up or shut up,

 

 

As far as debts go have you had a recently Credit reference check? If not it may pay to do so, Noddle is free. You should also demand the telephone number is removed and all contact via the normal method of writing. If they persist then an official complaint.

 

 

Then you have the issue of whether or not they are acting within the rules you may want to read up on the FCA handbook. See the sticky on this in the library.

 

 

If they ring again refuse the DPA questions and say in writing only then hang up. You may want to post up the details you currently have in regards to where you are in more details, like last payment and so on....

[mikeymack2002]

Link here for the CONC rules

 

 

https://www.handbook.fca.org.uk/handbook/CONC/

[unclebulgaria67]

Statute barred date would run from about 2 months after the date a statement was not paid, unless anything was paid after this or the debt was acknowledged since. There would have to be 6 years clear between the date of default or last payment/acknowledgement and the date they tried to enforce issuing a court claim.

 

I think on many credit cards the default is about 2 months after a statement was not paid. This is because they would chase up why no payment received, give a period for response, before then issuing a default notice which if not paid would result in the default being registered.

 

It would probably be better to keep this with the last thread and to provide more information e.g what response to CCA request was received, roughly when the last payment was made.

[dx100uk]

threads merged.

 

 

even if you write complain or WHY

they will still do it.

 

 

even after SB date too.

 

 

best idea is to ignore them.

 

 

dx

[gigaset]

Thanks everyone - I'll do some reading from the links provided.

 

(and I have corrected DCA --> CCA)

[unclebulgaria67]

Thanks everyone - I'll do some reading from the links provided.

 

(and I have corrected DCA --> CCA)

 

If the letters are in your name, not your fathers, perhaps they are ignoring you. If you write, put your Dads name on it and get him to sign it.

[gigaset]

...and so it goes on.

 

 

Having written to Experto in October 2015 informing them that they have not substantiated their claim after 2+ years and would they review everything to date or face a formal complaint,

 

 

they seem to have sold their claim on to another company and my father has received paperwork from another organisation in Scotland

- I've not picked up the letter yet so I have no further info right now.

 

 

Do I just go through the motions again with a CCA request etc.

or should I just relay the history to this company

and suggest they consider this matter closed?

 

Thanks as ever.

[dx100uk]

do nothing for now

prob just another one in the same group