MBNA offering Partial Settlement After CCA failures.

[teaboy2]

They havent put any date on the letter from Experto Credite. I suppose I'll have to SAR MBNA to find out. If they sold it after 21st December, is it enough that they didnt give me sufficient days to rectify?

 

BF

 

Yes because it will still be unlawful termination as you didnt recieve the 14 days to remedy, it just be easyier if they have sold it before the 21st thats all. as it clearly states on the DN what actions will follow if you fail to remedy and those actions can only be after the date given in the DN. that date being the 21st.

 

So yes subject access MBNA to find out the date and send the request recorded delievery along with your confirmation of acceptance to unfair termination letter.

 

P.s you should read my last post too as i did edited it to include going to the FOS first rather then court First. but i think we were both posting at the same time.

[Basil Fawlty]

Yep... understood. I'll SAR them and look for the date.

 

cheers

 

BF

[teaboy2]

update us when you hear back from them. in the mean time send the bemused letter to experto credite. Cos they will ring you and at first they'll be nice but then they'll pass it another of their representative in the up stairs bullying collection department who will try argue that their is no dispute even when you say their is. I told her to f off and said its my decision if i want to dispute something i have the paper work to back it up what the hell you got other then a phone to harrass me on. so f off. lol

[Basil Fawlty]

The phone calls dont bother me anymore, when I know its one of them, I just say ''Hold on, I'll go get him for you'', and then put the phone on the side and let them wait......usually it takes about 7 or 8 minutes before they hang up!

I caught the same guy from Mercers 4 times in one evening with it a couple of weeks ago, and each time he asked who I was, so, recognizing his Liverpool accent, the first time I said ''Paul'', the second time ''John'', the third time ''George'', and yes, you guessed it, the fourth time ''Ringo''. Strangely I havent heard from him since........

 

BF

[Capricorn1601]

that will baffle them then, as they dont have my number, or at least they dont think they do. The only phone contact I have had was on my old work phone (dont work there anymore). I have never answer calls when I dont know who they are on my personal mobile, and they definately dont have my home number.

[teaboy2]

The phone calls dont bother me anymore, when I know its one of them, I just say ''Hold on, I'll go get him for you'', and then put the phone on the side and let them wait......usually it takes about 7 or 8 minutes before they hang up!

I caught the same guy from Mercers 4 times in one evening with it a couple of weeks ago, and each time he asked who I was, so, recognizing his Liverpool accent, the first time I said ''Paul'', the second time ''John'', the third time ''George'', and yes, you guessed it, the fourth time ''Ringo''. Strangely I havent heard from him since........

 

BF

 

Lol what a muppet he was then.

 

Once i put a telesales company that had been ringing my up everyday, trying to sell me things i didnt need for my company through to the fax machine mid conversation. So all they got to hear was a very high pitch EEEEEEEEEEEEEEEEEEEEEEE dadadada EEEEEEEEEEEEEEE lol they must have had their head phones turned up full cos they not rang me back since lol.

[Basil Fawlty]

Can someone please confirm some dates for me, I think I'm right in saying they've got their dates wrong

 

Default notice received today 13th Jan.

Asking for payment of arrears.

Letter dated 11th January

Payment of arrears to be made by 28th January

Sent by UKMail with ''S'' in corner (second class)

 

Am I correct in saying second class = 4 days post

therefore 11 + 4 = service date of 15th January leaving 13 days

therefore invalid?

 

BF

[Capricorn1601]

sorry basil, who is the letter from? you have another default notice?

[Basil Fawlty]

sorry basil, who is the letter from? you have another default notice?

 

Yep, another one from the same company..... I had two cards, looks like they made a mistake on both

 

BF

[Capricorn1601]

so with assignment already across to Experto, they have shot themselves in the foot then?

 

 

i havent been home to check my post to see if I have a duplicate DN.

[Capricorn1601]

have you sent them the letter re default?

[Guest HeftyHippo]

No. Its 14 days from receipt. it is assumed that first class is 2 days after posting, 2nd is 4 days.

 

but if it wasnt signed for, they can't prove it didn't take 4 days, but are you sure it is 2nd class (not familar with that carrier)

[Basil Fawlty]

so with assignment already across to Experto, they have shot themselves in the foot then?

 

 

i havent been home to check my post to see if I have a duplicate DN.

 

No this is a completely separate card and a new DN. I have no doubt in a few weeks I'll be getting the letter from Experto reference this one.

I just wanted a second opinion on the dates for this second card.

 

BF

[Capricorn1601]

If it isnt listed as 1st class then anything else is deemed 2nd hence 4 days to deliver and the 14 days does not start until then, so yes they have their dates wrong again

[Capricorn1601]

card or letter?

[Capricorn1601]

They have already, according to Experto sold the account on. Once they have done this, surely they cannot unsell it. Selling on is termination of the account and the only way to reactivate it (correct me if I am wrong folks) is to sign a new agreement.

[Basil Fawlty]

No. Its 14 days from receipt. it is assumed that first class is 2 days after posting, 2nd is 4 days.

 

but if it wasnt signed for, they can't prove it didn't take 4 days, but are you sure it is 2nd class (not familar with that carrier)

 

As you say, they dont know when I received it, so we go 4 days from the day the letter is sent (11th) dont we?

 

Earlier in this thread someone pointed out that anything but Royal Mail is deemed second class.

[Basil Fawlty]

card or letter?

 

Yes a letter.

[Capricorn1601]

and anything other than 1st class is deemed to be second.

[Basil Fawlty]

They have already, according to Experto sold the account on. Once they have done this, surely they cannot unsell it. Selling on is termination of the account and the only way to reactivate it (correct me if I am wrong folks) is to sign a new agreement.

 

As I'm saying, this DN i received today is about a different card altogether, it hasnt got to the stage of Experto being involved.

[Capricorn1601]

ah, so not the card which was defaulted in December then?

[Capricorn1601]

You must forgive me.... I'm blonde, with a head cold, and dealing with an overload of stress. You have two credit cards.... ok Im up to speed now.

[Basil Fawlty]

ah, so not the card which was defaulted in December then?

 

Thats correct..... not that one...I've got two different card accounts with the same company... and others with other companies. Lots of work to be done

 

BF

[Capricorn1601]

me too, although dont have more than one card with same issuer. That would be too complicated for me

[Capricorn1601]

so you know the drill,

 

Just to check also. When it says default notice etc on the letter, is there a box around it? Not sure what the significance is but I am sure I have read somewhere that there has to be one. My DN from MBNA didnt have one.

 

Also, if you intend to SAR MBNA, maybe hold off until the expiry date. An SAR is for the subject and not card therefore they should provide all information on both accounts at the same time.