cupcake68 Vs Virgin **DISCONTINUED**

[diddydicky]

so are they:D

[cupcake68]

Oh I SO hope so!!

[cupcake68]

Still receiving letters from Experto Credite!!

 

Should I send them the bemused letter or still ignore?

 

Thanks Cupcake

[Series3]

did you keep the envelope?

I have one from MBNA and was first class post.

franked 0036

 

why some second and some first with DN's..

[cupcake68]

Hi Series 3

 

Yes I did keep the envelope. It was sent UKMail!

 

They don't seem to follow a set pattern for any of this do they?!!

 

Cupcake

[Series3]

only set pattern is putting interest rate up..

[cupcake68]

No doubt!!

[MeeBroke]

Hi Series 3

 

Yes I did keep the envelope. It was sent UKMail!

 

They don't seem to follow a set pattern for any of this do they?!!

 

Cupcake

 

 

Me too. Kept my envelope, sent 2nd via UK Mail.

[cupcake68]

Still getting letters from Experto Credite.

 

They have "bought the interest in this account from MBNA including the outstanding balance"

 

Should I be sending them anything?

 

Thanks

 

Cupcake

[cupcake68]

Hi

 

I hope I'm not going to get into trouble for starting a new thread but I have been waiting months for a reply on my thread http://www.consumeractiongroup.co.uk/forum/mbna/205720-cupcakes-mbna-you.html

 

and could really do with some advice please.

 

I CCA'd MBNA last March 2009, put the account into dispute in April 2009 because they hadn't supplied. A couple of months later they did send the agreement and it did have the PT required but in their covering letter they admitted the copy was not very clear.

 

I replied insisting they supplied another legible copy as per the CCA guidlines.

 

I did not get a reply to this but I received a faulty DN, they didn't allow enough time.

 

The next thing I know Experto Credite write to tell me they now own the account.

 

They have been writing to me for many months now but so far I have not replied.

 

I think I should possibly tell them the account was in dispute and the DN was faulty therefore they should not have been sold the account but I do not want to make any mistakes!!

 

Could someone please take a look and advise me on my next move as I am also concerned about ignoring them and a judge not approving of my actions!!

 

Thanks so much

 

Cupcake

[MandM]

Hello cupcake68.

 

Did you ever SAR MBNA? If not you need to. If you did then look in the Comms Log. It's likely that you'll find that they 'sold' you to an Irish outfit called Varde Ireland Limited. EC collect for them apparently.

 

If you can find the date that the debt was sold on the Comms Log it's likely that you'll find that not only was the DN iffy on dates, but they probably sold you on before the DN rectification time was up. Some have found that they were sold to Varde before the DN was even issued.

 

If you want some links to some similar threads I can post them up for you. There's quite a lot of us in the same boat with this one .

 

Personally, i've been baiting EC for months to try and get them to take me to court. Funny - they're not that interested it seems.

 

M

[cupcake68]

Hi MandM

 

Thanks for the advice.

 

I will SAR them asap and post up what I find. This site is brill!!

 

Cupcake

[MandM]

Hi MandM

 

Thanks for the advice.

 

I will SAR them asap and post up what I find. This site is brill!!

 

Cupcake

 

Is good, isn't it .

 

Search around the threads. Look in my posts, pumpytums, heftyhippo, tranders to name but a few. You will see what you're looking for on the SAR when it comes. Best of luck.

 

M

[cupcake68]

ty

 

cupcake

[MandM]

Recent one for you >>>>>> http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/248025-mbna-experto-unlawful-termination-2.html

 

M

[vint1954]

Cupcake,

 

I would say that you need to send MBNA an acceptance of their unlawful rescission ASAP.

 

You also need to advise Experto that they have purchased a pup.

[cupcake68]

Thanks Vint

 

I'm sure I sent them that one last summer(!!).

 

I will send Experto a polite letter explaining the situation to them next week.

 

Thanks for the advice

 

Cupcake

[vint1954]

Be blunt with them.

 

"This account has been the subject of serious lawful dispute with MBNA, the details of which are of no concern to you. This account was additionally unlawfully rescinded by MBNA on xxxxxxxxxxxxx, which precluded the sale of the alleged debt to third parties such as yourselves."

[cupcake68]

Ok will do :D

 

Be strong hey?!!

 

Thanks

 

Cupcake

[cupcake68]

Hi

 

A letter has arrived today from Aplins......

 

"Further to our recent letter we are now issuing a Claim against you in the Northampton County Court and will be seekingto obtain a judgement against you for payment of the whole amount forthwith.

 

This does not mean we expect you to pay the full amount straightaway. The reason we are seeking to obtain a forthwith judgement is to enable us to apply for a Charging Order on your property simply to obtain some form of security for the large debt.

 

We would like to make it quite clear to you that if we are successful in obtaining the Charging Order there is absolutely no intention to seek to enforce it by applying for an order for sale. We merely wish to register the Charging Order so that if you sell the property at some time in the future there will hopefully be sufficient equity to enable this debt to be paid.

 

In the meantime, once we have obtained the Charging Order, we will be happy to accept payment at a rate which you can realistically afford."

 

LOL

 

What a shame!

 

I was just about to offer to pay them £300 a month but now I'll just have to wait until they get the charging order!! LOL

 

Cupcake

[Dotty50]

Hi Cupcake,

 

I had a letter from Aplins in May to which I sent an appropriate response then this month they have sent me another letter.................exactly the same as the first one!

 

Just in the process of drafting another letter to them..............or should I simply send a copy of my previous letter?!

[diddydicky]

Hi

 

A letter has arrived today from Aplins......

 

"Further to our recent letter we are now issuing a Claim against you in the Northampton County Court and will be seekingto obtain a judgement against you for payment of the whole amount forthwith.

 

This does not mean we expect you to pay the full amount straightaway. The reason we are seeking to obtain a forthwith judgement is to enable us to apply for a Charging Order on your property simply to obtain some form of security for the large debt.

 

We would like to make it quite clear to you that if we are successful in obtaining the Charging Order there is absolutely no intention to seek to enforce it by applying for an order for sale. We merely wish to register the Charging Order so that if you sell the property at some time in the future there will hopefully be sufficient equity to enable this debt to be paid.

 

In the meantime, once we have obtained the Charging Order, we will be happy to accept payment at a rate which you can realistically afford."

 

LOL

 

What a shame!

 

I was just about to offer to pay them £300 a month but now I'll just have to wait until they get the charging order!! LOL

 

Cupcake

 

 

letter before action!!- time to get the letter in post 88 off to them then

[cupcake68]

Thanks DD

 

But I have recieved the court papers this morning!!

 

POC "The Claimant's claim against the defendant is for the amount due and unpaid as at today's date under a regulated running monthly credit account"

 

I am assuming it is now too late to send that letter?

 

Cupcake

[cerberusalert]

Send Alpins this;

 

Their address

 

 

date ****NOTICE UNDER CIVIL PROCEDURE RULES***

 

reference

 

 

 

 

 

Dear Sir/Madam,

 

 

This is in acknowledgement of your letter dated ................and also of .............The contents of which have been duly noted.

Further to you stressing that County Court proceedings will be actioned by yourselves should I fail to make contact/stressing that proccedings are about to be commenced in regard to alleged sums outstanding and alleged owed by me on the above account,I remind you of Civil procedure rules protocols. Nevertheless in my response to your letter please be advised of the following.

 

 

I put forward that you now have a requirement to provide me with;

 

 

1) A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. Please note that a "true copy" as defined by the Consumer Credit Act will not be acceptable in this case, and a copy of the actual executed agreement, including signature, is required.

 

2) All records you hold on me relevant to this case, including but not limited to

 

1. A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

3. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me with........... is required.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I make this request to ensure that each party has equal footings which can allow action to proceed speedily fairly and without undue costs or waste of courts time,as defined within Pre-action Practice Directions -Protocols 4.6 of the Civil Procedures Rules.

I will give you 14 days to respond with the above,failure to comply will result in a complaint being made to the Court./In addition to the FOS for any breaches of OFT and CCA codes.This includes breaches as a result of initiating a Country Court claim where failing to provide or produce documents make litigation improper..

Specifically this relates to one or any number of the following;

 

* demand any payment on the account, nor am I obliged to offer any payment to you.

* add any further interest or charges to the account.

* pass/sell the account or outstanding balance to any third party.

* register any information in respect of the account with any of the credit reference agencies.

* issue a default notice related to the account.

 

Furthermore,I reserve my right to make a copy of this letter available for inspection to the Court and Financial/Consumer regulators should you fail to comply with this request.

I await your response,and should you need further clarification on any of the above points,then I suggest that you direct them to your legal department.

 

 

 

Yours Faithfully/Sincerely

 

 

 

 

......................... . (not to be signed) Print name

 

 

Dated..........

[cupcake68]

Thanks CB

 

Do I have to send a fee with this letter?

 

I take it in the meantime I complete the AOS to the court?

 

Cupcake

 

ps it is Northampton County Court bulk centre if that makes any difference?