Experto Credite/MBNA

[GlennBaker]

Good evening,

My wife has received a letter from Experto Credite demanding payment for a debt relating to an MBNA card. Section 78 request was sent back in December 2010 and a reply received stating that the CCA could not be located and the debt was, therefore, .

I have been advised by a solicitor that all letters should be replied to, even if it is just to say "fuck off". Is there anything I should or shouldn't put into the letter? I don't want her to drop herself in the shit.

For those that have been following her 'other' issue, this is a separate account completely and unconnected

Thanks.

[PlanB]

Re: Experto Credite/MBNA

If she's heard nothing from Experto Credite whatsoever since 2010 then it's probably a bit late to reply to that letter now because what would she say "Thank you for your letter dated December 2010 sorry for my slow response . . . ".

Are you sure the debt is still with them because MBNA sold a gigantic portfolio of debt in preparation to leave the UK market. Mine got sold to Varde Investments and because I didn't tell ExCred (their DCA) to "f*ck off" or anything they issued me with a SD without warning Paul skillfully got rid of it and I haven't heard anymore since It's now been sold to Aktiv and loads of other people on here had theirs sold on to Arrow Global.

Perhaps ask the same question again when/if the next letter arrives

[MrsD]

Re: Experto Credite/MBNA

Hi Glen

If it were me I would send this



Our Templates | Unenforceability Templates | CCA Query - Letter Previously Confirming No CCA

enclosing a copy of their letter saying they can't find it.

[oscar]

Re: Experto Credite/MBNA

If MBNA have previously confirmed no cca and therefore unenforceable, I think if it was me, I would send them THIS stating you have had previous communications indicating the account is UE.

MBNA are no longer leaving the UK market due "better than expected" results of the fourth quarter last year"

[PlanB]

Re: Experto Credite/MBNA

I only suggested not doing anything yet for fear of re-starting the SB clock if she's heard absolutely nothing since 2010

[Deepie]

Re: Experto Credite/MBNA

I only suggested not doing anything yet for fear of re-starting the SB clock if she's heard absolutely nothing since 2010

None of our template letters do that .............

[PlanB]

Re: Experto Credite/MBNA

None of our template letters do that .............

True I was thinking along the lines of let sleeping dogs lie if they hadn't written to her for yonks. Only because I don't want to let my creditors know I'm still alive and well and living at an address where I'm no longer on the electoral roll if I can help it. I'm playing hide and seek with them

[PlanB]

Re: Experto Credite/MBNA

Good evening,

My wife has received a letter from Experto Credite demanding payment for a debt relating to an MBNA card. Section 78 request was sent back in December 2010 and a reply received stating that the CCA could not be located and the debt was, therefore, .

I get it. Do you mean she's only just received a new letter after nothing since 2010 In which case scrub what I said earlier

[GlennBaker]

Re: Experto Credite/MBNA

Hi all,

This is not the first communication since Dec 2010 from Experto Credite - there have been several but they have been ignored due to the fact that they admit they cannot enforce the agreement. I am concerned that by replying to their letter, there is some risk of restarting the clock.

Interestingly, the original CCA request was made to Experto Credite and the reply stating that MBNA cannot provide a copy of the agreement was also from Experto Credite so they are very much in the loop on this one.

Thanks very much.

[Susie]

Re: Experto Credite/MBNA

How about a one liner -
Dear forgetful ones,

Thank you for your recent letter, however I would refer you to your letter to me dated xx/xx/xxxx

Love and kisses
GlennBaker

[Paul.]

Re: Experto Credite/MBNA

Hi all,

This is not the first communication since Dec 2010 from Experto Credite - there have been several but they have been ignored due to the fact that they admit they cannot enforce the agreement. I am concerned that by replying to their letter, there is some risk of restarting the clock.

Interestingly, the original CCA request was made to Experto Credite and the reply stating that MBNA cannot provide a copy of the agreement was also from Experto Credite so they are very much in the loop on this one.

Thanks very much.

A failed section 78 request can be remedied on the morning of a court trial. So it does not stop the lender suing you

I would stop and think about the account, how you opened it, where you opened it, when you opened it, etc and think long and hard if there was any document signed by you or mrs.

Then once you have drawn your conclusions, respond accordingly

Point is, you cant ask a creditor to provide something if it never exsisted in the first place now can you?

[MrsD]

Re: Experto Credite/MBNA

Glen

as In2deep explained, Niddy works long and hard to make sure that none of our templates admit the debt, it works and it has worked for loads of us, you'll be fine.