MBNA CCA only 1 of 2 received

[Old Cogger]

O.H. had letter from Experto to-day, yet thre account has been in dispute for quite some time now, CCA sent was an MBNA signature so called form yet a previous letter from them states the account obtained from 3rd party yet CCA signature is a MBNA one, No DN as yet maybe to-morrow if

Lochlisa has had both to-day, looks to me they sold to experto an alleged account that was in dispute which they are not suppose to do ?? ANY COMMENTS PLS.????

Edited June 1, 2010 by Old Cogger

[Old Cogger]

O.H. had letter from Experto to-day, yet thre account has been in dispute for quite some time now, CCA sent was an MBNA signature so called form yet a previous letter from them states the account obtained from 3rd party yet CCA signature is a MBNA one, No DN as yet maybe to-morrow if

Lochlisa has had both to-day, looks to me they sold to experto an alleged account that was in dispute which they are not suppose to do ?? ANY COMMENTS PLS.????

Attachment below; -

[lochlisa]

does MBNA have to tell me that they have sold the debt?

 

I have no letters from them detailing that this is what they have done.

 

help please guys as I need to know what to do next.

 

thanks !

[lochlisa]

starting a new thread as other one was hijacked.

 

Had letter from Experto Credit and now the phone calls have started.

 

Their letter dated 27th May. MBNA DN gave me until 25th May to pay arrears.

 

Can they have sold the debt that quickly? How do I find out easily as MBNA have never advised me of the debt sale.

 

Do I need to do an SAR? What do I write to Experto Credite? Now I know their number they are on the block list on the phone.

 

Help me please someone as this is getting me worried.

 

I had an agreement to pay £1 a month to MBNA and they confirmed that in writing. Why would they sell the debt when I had a repayment agreement?

 

thank you, Lisa

Edited June 4, 2010 by lochlisa
added info

[MandM]

Hi Lisa,

 

Yes, it's a SAR you'll need - to MBNA.

 

You'll find the info you're looking for there. It's most likely that MBNA sold you well before your DN expired. More than a hunch .

 

And don't worry. Mine's been with EC since October. We don't speak .

 

M

 

M

[MARTIN3030]

You should have been sent a notice of assignmemt.

A CC request entitles you to a copy.Bet the dates dont tie up !!

[lochlisa]

Thank you for the replies.

 

Off to the post office in the morning to post off a SAR, recorded delivery of course

[Dotty50]

Hi lochlisa,

 

I see you have got the answer to your question. Both of my MBNA accounts were sold on before the expiry of the DN's and as MandM says, this information will be apparent within the SAR.

 

You could also check the CRA's and print an up to date report off as that should be further evidence.

 

Might be an idea to put a link to the original thread just in case anyone needs to refer back to it.

[lochlisa]

well good news (sort off),

 

just been confirmed that MBNA sold the debt to Experto Credit whilst the DN was still active.

 

Do I write to MBNA and Experto or just Experto now as they are the ones still hassling every day?

 

thanks !

 

Lisa

[mrwheeler]

Hi

 

As far as I am aware Experito, are not in any way owned or a subsidiary of MBNA, so I think they will be a tad dissappointed at having bought another (likely) unenforceable dud.

 

Cheers

[lochlisa]

now that I know they sold on the debt whilst DN was still active WHO do I write to?

 

do I write to MBNA and Experto Credit or just Experto Credit?

 

thanks !!

[mrwheeler]

Both

 

Cheers

[lochlisa]

brilliant, thank you so much !!

 

Lisa

[pompeyfaith]

is the default notice compliant ? If its not then they have unlawfully recinded the contract

[lochlisa]

the DN is compliant BUT they sold the complete debt before the DN expired so that is unlawful rescinding - yes?

[pompeyfaith]

yes but you need to be sure they have sold it do you have a termination notice from mbna and/or an NoA from experto

[lochlisa]

thanks pompeyfaith, I have not got an official notice from MBNA but when I queried their action I received on headed paper a letter stating that due to non payment of arrears they had sold the entire debt to Experto and that I should only communicate with Experto in future. They confirmed the date of sale which was 7 days before the DN expired. The letter from Experto says that they now own the debt and that all future payments be made to them.

 

have I got enough?

 

thank you so much, Lisa

[pompeyfaith]

yes you have it in writing from both parties

[pompeyfaith]

look after those letters i would scan them to your pc and then back up that file incase the hard copies get mislaid you can also store them on photobucket.com

[pompeyfaith]

i would also keep a diary of every event that happens this is important incase they do take legal action there are many free diary programs you can download

[pumpytums]

A great little program I use is dropbox, gives you 2gb free storage. As you change files in a directory it automatically backs them up on-line. It also keeps a history of each file, plus if you install it on another PC the files are auto synced between the 2.

 

It's free too.

 

Pumpytums

Edited June 15, 2010 by pumpytums

[DollyMixture22]

Hiya, I have a problem with MBNA selling my debt onto Experto Credite. I was confused at first by it all and started letting Experto take some money off my card each month. I have stopped this now as I dont agree with the amount of the debt. What action do I need to take now? Im worried that by starting to pay it im agreeing with the debt. Would really appreciate some advise.

Thanku

[pumpytums]

Hi Dolly,

firsly I would start up your own thread about this in the MBNA section.

 

Do you have your default notice from MBN@?

 

The good news if the Exspurto Clowns are involved it's probably unenforceable.

 

You need to send a CCA request to Exspurto this will get you your Agreement. You also need to send a Subject access request to MBN@. The CCA request will cost a £1 send a postal order and the SAR will cost £10 send both recorded delivery.

 

How exactly are Exspurto taking payments did you give them your card details? Have you made lots of payments or just a few?

 

One more thing the account number they gave you does this differ from your account with MBn@?

 

Like I said if the account was enforceable MBN@ would have tried it on, however in selling it to a two bit company like Exspurto Crudite the account must be flawed.

 

I hope this helps.

 

Pumpytums

[blueotter]

Interesting pumpy,

Both of my mbna accounts were sold to experto,at least once whilst the erroneous default notice was in place,i wrote backing telling them that they were in dispute and not heard a word from them or mbna since bar a txt msg i received from experto yesterday offering me a great deal.

 

All gone very quiet,but then i have nothing,no house etc and a young family to support in rented accommodation,they cant have what i dont have.My family is my priority,think i may just stop making the odd token payment now,there doesnt really seem much point anymore as i know the cca is unenforceable not to mention the default notice.

[pumpytums]

At the end of the day if you cannot afford to pay them do not.

 

The thing to remember with these parasites is that they bought it for a fraction of the original debt maybe as low as 10%. DCA's spout on about morals and how you spent the money etc, but at the end of the day they are in the game to make money. So when these "people" phone you up and start waffling on always remember they are in it for the cash and nothing else.

 

I hope that helps:D

 

Pumpytums