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  • #1

    Advice please, not been here for a while

    Hi folks, not been here for a while because of work and also my DCA friends have been very quiet, most of them admitting in writing that the accounts are unenforceable. However, my biggest debt which was originally with MBNA, then sold to Varde/Experto Credite, has come to the fore again.
    I've received a letter from Aktiv Kapital stating that they've bought the outstanding balance from Varde. I had a quick search round and it appears they've bought a large amount of ex MBNA debts mostly from Varde.
    How should I approach this from the start, should I start from scratch by sending them a CCA request (Varde sent me an application form, obviously they didnt feel very confident with this or they wouldn't have sold it), or do you suggest something else?
    Thanks in advance

    Seamus
    Tags: account, accounts, advice, application form, cca, cca request, chasing, dca, debt, debts, experto, friends, law, letter, mbna, no cca, penalty, selling, statute, statute barred, templates, terms and conditions, unenforceability, unenforceable, work
  • #2
    Re: Advice please, not been here for a while

    Originally posted by Seamus View Post
    Hi folks, not been here for a while because of work and also my DCA friends have been very quiet, most of them admitting in writing that the accounts are unenforceable. However, my biggest debt which was originally with MBNA, then sold to Varde/Experto Credite, has come to the fore again.
    I've received a letter from Aktiv Kapital stating that they've bought the outstanding balance from Varde. I had a quick search round and it appears they've bought a large amount of ex MBNA debts mostly from Varde.
    How should I approach this from the start, should I start from scratch by sending them a CCA request (Varde sent me an application form, obviously they didnt feel very confident with this or they wouldn't have sold it), or do you suggest something else?
    Thanks in advance

    Seamus
    You could send them this...........>....Account Sold whilst in Dispute
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      Re: Advice please, not been here for a while

      Originally posted by in 2 deep View Post
      You could send them this...........>....Account Sold whilst in Dispute

      Thanks very much! Do others agree this should be the first step? If so, I'll get it in the post.
      Thanks again in2deep

      S

      Comment

      • #4
        Re: Advice please, not been here for a while

        Originally posted by Seamus View Post
        Thanks very much! Do others agree this should be the first step? If so, I'll get it in the post.
        Thanks again in2deep

        S
        Yep, tis the right move.

        Comment

        • #5
          Re: Advice please, not been here for a while

          Originally posted by swanfan View Post
          Yep, tis the right move.
          I've got the printer switched on and ready!
          Thanks guys!

          Anyone know anything about Aktiv Kapital; what are they like to deal with?

          S

          Comment

          • #6
            Re: Advice please, not been here for a while

            Hello,

            My MBNA has gone quiet, so maybe I'll get Aktive Krapital soon!. I cant see them being much smarter than the rest of the thickies really.
            []Remember. Everytime a Soldier or Policemen loses thier job, everytime a school can't afford a book, everytime a streetlight has to be turned off - a bankers greed, incompetence and ineptitude played a large part. In Financial Services?, in a Bank? Then think on....you are helping this process along....

            Comment

            • #7
              Re: Advice please, not been here for a while

              Originally posted by blueforyou View Post
              Hello,

              My MBNA has gone quiet, so maybe I'll get Aktive Krapital soon!. I cant see them being much smarter than the rest of the thickies really.
              You probably will if it was originally sold to Varde as it seems they have sold a big lump of them to AK

              Seamus

              Comment

              • #8
                Re: Advice please, not been here for a while

                Well, I sent the letter as advised above and have now received a pack with a copy of MBNA application form and copies of terms and conditions but not original ones as the penalty charge was higher than £12 back in 1997.
                This is what MBNA originally sent by request from me, then after a CPUTR request said that it was unenforceable (have the letter safely filed away), then Experto sent the same thing before selling on to Aktiv.
                What should I send them now?

                Seamus

                Comment

                • #9
                  Re: Advice please, not been here for a while

                  Originally posted by Seamus View Post
                  Well, I sent the letter as advised above and have now received a pack with a copy of MBNA application form and copies of terms and conditions but not original ones as the penalty charge was higher than £12 back in 1997.
                  This is what MBNA originally sent by request from me, then after a CPUTR request said that it was unenforceable (have the letter safely filed away), then Experto sent the same thing before selling on to Aktiv.
                  What should I send them now?

                  Seamus
                  Try this with a copy of the letter you have------->CCA Query - Letter Previously Confirming No CCA
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                  Comment

                  • #10
                    Re: Advice please, not been here for a while

                    I would send this CCA Query - Letter Previously Confirming No CCA


                    with a copy of the letter from MBNA confirming they have no paperwork
                    this is all perfectly normal, its how it work, expect to have to send this to quite a few DCAs before it becomes SB

                    ah In2deep, great minds think alike.

                    Comment

                    • #11
                      Re: Advice please, not been here for a while

                      Thanks people, I'll send the letter advised above.

                      Seamus

                      Comment

                      • #12
                        Re: Advice please, not been here for a while

                        Originally posted by blueforyou View Post
                        My MBNA has gone quiet, so maybe I'll get Aktive Krapital soon!. I cant see them being much smarter than the rest of the thickies really.
                        They're not.

                        Last year, they were chasing someone for an alleged debt of over£10,000 (link). They claimed that the debt was not statute barred as the last acknowledgement or payment had been made some 5 years and 11 months previously.

                        Someone called Culex replied, giving then a brief lesson in Scots Law and they backed off.

                        Despite this, a quick search on Gurgle shews - link - that they are still up to the same tricks.

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