Seahorse1's UE diary

[Seahorse1]

So here goes. I got into debt crisis in 2007 and since then have been through a DMP but am now at the stage of paying off some debts (CCJs, council tax arrears, other credit cards) with the aim of getting life back on track.

I am going down the Unenforceability route with two credit cards, both MBNA but now at Experto Credite. One was originally a Bank of Scotland Affinity card that was sold to MBNA in 2004. I decided to pursue UE after getting one too many hassling phone calls from Experto and realising I simply could not afford to pay what Experto wanted as well as the other debts.

I have already sent a couple of letters using templates from here – many thanks to Niddy for making them available and also to the other contributors whose stories I have read.

So, the first account:

MBNA1
Type of account: Credit Card
Date commenced: about 1996
Approx balance: £10k
Date last paid: August 2010
Are you on arrangement or not paying: Not paying
Status: In arrears
Account owner: DCA, Experto Credite
Originally Bank of Scotland, then sold to MBNA in 2004.

September 2010: Requested CCA.

October 2010: Acknowledgement from Experto – they say they are looking for CCA.

March 2011: Received a copy of an application form (The Ten Minute Application Form) and Terms & Conditions. The form only had my previous address on it with no signature and no date. It had clearly just been printed out using information on file. They also sent a copy of the application form that relates to the other MBNA account (details below).

March 2011: Sent letter saying this was a reconstituted form that did not comply with the Consumer Credit Act.

March 2011: Received letter from Experto saying that they believe that the information they sent does comply with the Act and that I must be aware the debt exists because I have made payments in the past. They will refer the matter to solicitors for legal action.

[Seahorse1]

Re: Seahorse1's UE diary

The second account:
MBNA2
Type of account: Credit Card
Date commenced: 2002
Approx balance: £5k
Date last paid: August 2010
Are you on arrangement or not paying: Not paying
Status: In arrears
Account owner: DCA, Experto Credite. Originally MBNA

September 2010: Requested CCA.

October 2010: Acknowledgement from Experto – they say they are looking for CCA.

March 2011: Received a copy of the application form that I filled out in 2002. It is the Ten Minute Application Form. Also received Terms & Conditions.

Not sure of my next step since the details on the form seem to fit the prescribed terms except for the fact that the Ten Minute Application form has the “Financial and Related Conditions” on the other side from the signature – it was designed to be folded, sealed and posted so they put the small print on the outside. Any advice?

[Never-In-Doubt]

Re: Seahorse1's UE diary

MBNA1
Type of account: Credit Card
Date commenced: about 1996
Approx balance: £10k
Date last paid: August 2010
Are you on arrangement or not paying: Not paying
Status: In arrears
Account owner: DCA, Experto Credite
Originally Bank of Scotland, then sold to MBNA in 2004.

September 2010: Requested CCA.

October 2010: Acknowledgement from Experto – they say they are looking for CCA.

March 2011: Received a copy of an application form (The Ten Minute Application Form) and Terms & Conditions. The form only had my previous address on it with no signature and no date. It had clearly just been printed out using information on file. They also sent a copy of the application form that relates to the other MBNA account (details below).

March 2011: Sent letter saying this was a reconstituted form that did not comply with the Consumer Credit Act.

March 2011: Received letter from Experto saying that they believe that the information they sent does comply with the Act and that I must be aware the debt exists because I have made payments in the past. They will refer the matter to solicitors for legal action.

Can you please let me see the agreement etc that they sent you (and the covering letter) so I can check for enforceability? You can either send it via email or upload it securely to the site so that only I can see it.... See this : ---> Secure / Protected Content

(click the heading Upload your CCA / Terms)

[Never-In-Doubt]

Re: Seahorse1's UE diary

The second account:
MBNA2
Type of account: Credit Card
Date commenced: 2002
Approx balance: £5k
Date last paid: August 2010
Are you on arrangement or not paying: Not paying
Status: In arrears
Account owner: DCA, Experto Credite. Originally MBNA

September 2010: Requested CCA.

October 2010: Acknowledgement from Experto – they say they are looking for CCA.

March 2011: Received a copy of the application form that I filled out in 2002. It is the Ten Minute Application Form. Also received Terms & Conditions.

Not sure of my next step since the details on the form seem to fit the prescribed terms except for the fact that the Ten Minute Application form has the “Financial and Related Conditions” on the other side from the signature – it was designed to be folded, sealed and posted so they put the small print on the outside. Any advice?

As above, please send me a copy to check as these are usually unenforceable?

Thanks

[Seahorse1]

Re: Seahorse1's UE diary

I have uploaded documents relating to both accounts to the secure threads.

[Never-In-Doubt]

Re: Seahorse1's UE diary

MBNA1
Type of account: Credit Card
Date commenced: about 1996
Approx balance: £10k
Date last paid: August 2010
Are you on arrangement or not paying: Not paying
Status: In arrears
Account owner: DCA, Experto Credite
Originally Bank of Scotland, then sold to MBNA in 2004.

This is unenforceable, its a blank application form and the terms were from 2002 - NOT 1996. I'd not worry too much, however to get them off your back send this back to Experto Credite asap (recorded delivery): --->CCA Query - Missing Prescribed Terms

As I said, it is also 100%

[Never-In-Doubt]

Re: Seahorse1's UE diary

MBNA2
Type of account: Credit Card
Date commenced: 2002
Approx balance: £5k
Date last paid: August 2010
Are you on arrangement or not paying: Not paying
Status: In arrears
Account owner: DCA, Experto Credite. Originally MBNA

Not sure of my next step since the details on the form seem to fit the prescribed terms except for the fact that the Ten Minute Application form has the “Financial and Related Conditions” on the other side from the signature – it was designed to be folded, sealed and posted so they put the small print on the outside. Any advice?

This is in fact enforceable - sorry. The fact you say the siggy was on the reverse wouldn't matter too much, however for the sake of something to do - blag it and see how far they are prepared to go with this and in the meantime treat it as unenforceable and respond with the following: ---> CCA Query - Application Form Received

Keep us updated, bear in mind this is

[Seahorse1]

Re: Seahorse1's UE diary

MBNA2
Type of account: Credit Card
Date commenced: 2002
Approx balance: £5k
Date last paid: August 2010
Are you on arrangement or not paying: Not paying
Status: In arrears
Account owner: DCA, Experto Credite. Originally MBNA

This is in fact enforceable - sorry. The fact you say the siggy was on the reverse wouldn't matter too much, however for the sake of something to do - blag it and see how far they are prepared to go with this and in the meantime treat it as unenforceable and respond with the following: ---> CCA Query - Application Form Received

Keep us updated, bear in mind this is

OK, so it's been a while. Anyway, I thought about this for a few days and decided to offer a monthly payment to them at a rate suitable to me, which I did. I pay it from an account that is not connected to my current account so I feel a lot more in control of it. I also intend to claim charges on this account which I have not done so far. I didn't want to continue down the UE route if it was ultimately going to be unsuccessful.

[Seahorse1]

Re: Seahorse1's UE diary

MBNA1
Type of account: Credit Card
Date commenced: about 1996
Approx balance: £10k
Date last paid: August 2010
Are you on arrangement or not paying: Not paying
Status: In arrears
Account owner: DCA, Experto Credite
Originally Bank of Scotland, then sold to MBNA in 2004.

This is unenforceable, its a blank application form and the terms were from 2002 - NOT 1996. I'd not worry too much, however to get them off your back send this back to Experto Credite asap (recorded delivery): --->CCA Query - Missing Prescribed Terms

As I said, it is also 100%

I sent the CCA Query as suggested by Niddy. Then I received a few more letters from Experto: one said that they had looked at my credit file and since it has improved recently I should be paying them more money. Then they wrote to me admitting that the debt was unenforceable. I felt quite angry at that, thinking of all the times over the past few years that MBNA have harassed me over this debt, threatening me with legal action. How many nights have I lain awake in fear of this and struggled to pay them, and all the while they never had the legal backing to enforce this debt. And I have paid a good £5k already off this debt since the beginning of my debt crisis.


Anyway, so Experto passed both cards on to CMC which is owned by Experto and operates out of the same building. And now CMC have started pursuing me again for this with phone calls twice a day. Their latest tactic is to say that Section 78 doesn't apply any more and people on CAG who have tried it are losing legal actions. Basically the gist is, I am an idiot for pursing unenforceability and they will get me in the end.


So I will send the Threat of Legal Action letter.

[Never-In-Doubt]

Re: Seahorse1's UE diary

MBNA2
Type of account: Credit Card
Date commenced: 2002
Approx balance: £5k
Date last paid: August 2010
Are you on arrangement or not paying: Not paying
Status: In arrears
Account owner: DCA, Experto Credite. Originally MBNA



OK, so it's been a while. Anyway, I thought about this for a few days and decided to offer a monthly payment to them at a rate suitable to me, which I did. I pay it from an account that is not connected to my current account so I feel a lot more in control of it. I also intend to claim charges on this account which I have not done so far. I didn't want to continue down the UE route if it was ultimately going to be unsuccessful.

Hiya, thanks for updating us..... glad you've managed to sort this. (kind of...)

[Never-In-Doubt]

Re: Seahorse1's UE diary

MBNA1
Type of account: Credit Card
Date commenced: about 1996
Approx balance: £10k
Date last paid: August 2010
Are you on arrangement or not paying: Not paying
Status: In arrears
Account owner: DCA, Experto Credite
Originally Bank of Scotland, then sold to MBNA in 2004.




I sent the CCA Query as suggested by Niddy. Then I received a few more letters from Experto: one said that they had looked at my credit file and since it has improved recently I should be paying them more money. Then they wrote to me admitting that the debt was unenforceable. I felt quite angry at that, thinking of all the times over the past few years that MBNA have harassed me over this debt, threatening me with legal action. How many nights have I lain awake in fear of this and struggled to pay them, and all the while they never had the legal backing to enforce this debt. And I have paid a good £5k already off this debt since the beginning of my debt crisis.


Anyway, so Experto passed both cards on to CMC which is owned by Experto and operates out of the same building. And now CMC have started pursuing me again for this with phone calls twice a day. Their latest tactic is to say that Section 78 doesn't apply any more and people on CAG who have tried it are losing legal actions. Basically the gist is, I am an idiot for pursing unenforceability and they will get me in the end.


So I will send the Threat of Legal Action letter.

Hmmm interesting that they think this - Invite them to take you to court then, based on the fact ONLY a judge can deem something unenforceable!

Basically they're muppets - keep that letter from them saying it is extremely safe - then if anyone (including them) hassle you about this, you respond by printing one of these CCA Query - Letter Previously Confirming No CCA with a copy of their letter confirming it is

With respect to this account and your dealings with Experto, also attach one of these, in the same envelope or merge the two and add it at the bottom of the other template.. Harassment by Telephone