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Re: WIFE v MBNA
Hold fire on ANYTHING else until EC can show their rights to even approach you for this debt.
The ball is firmly in their court and they KNOW it.
Guess what, MBNA have truly screwed this up as the NoA should of come from THEM via registered mail
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Re: WIFE v MBNA
Been sorting out paperwork for OH and found DN dtd 07 May 2010, to remedy by 25 May 2010, arrived UK Mail 2nd, class? .Comment
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Re: WIFE v MBNA
I have exactly the same situation. An MBNA Credit Card with CCA lacking certain prescribed terms. After receiving ND I heard nothing until Experto Credite wrote to me. Like you I have had no Notice of Assignement. Experto Credite's response to my letter has been the same as yours. K Breen wrote identical wording.
It looks like MBNA has not made isolated mistakes with your case or mine. How many others are out there in the same boat? It could be that after 2 court cases last year, MBNA has had a nervous breakdown or else ther may be a 'special' relatioship between MBNA and Experto Credite?Comment
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Re: WIFE v MBNA
Im in the High Court on the 30th Sept with a case which they (MBNA) are saying that they never use second class mail for their default notices,Originally posted by MIKE770 View Post
I have evidence from Royal Mail themselves that shows they are wrong, so it should be interestingI work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.
If you need to contact me please email me on Pt@roachpittis.co.uk .
I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.
You can also follow my blog on consumer credit here.Comment
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Re: WIFE v MBNA
My first delve into threads on forum. Just a couple of points. NOA can come from assignor or assignee and as registered post no longer exists, recorded or special delivery replaces it. Hope this is helpful.
R
Originally posted by Curlyben View PostHold fire on ANYTHING else until EC can show their rights to even approach you for this debt.
The ball is firmly in their court and they KNOW it.
Guess what, MBNA have truly screwed this up as the NoA should of come from THEM via registered mailComment
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Re: WIFE v MBNA
Yes, true enough, but still needs to be recorded delivery to comply with LoP s196, as this replaced registered mail
Also, as per s136, the NoA should come from the OC and not the assignee.Comment
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Re: WIFE v MBNA
I agree that recorded or special delivery has replaced registered post as they are considered a registered postal service. However, s136 of LPA only states that any absolute assignment must be by writing under the hand of the assignor. The question of who can serve the NOA was dealt with by Widgery LJ in Van Lynn v Pelias 1968 in his Judgment. I can post up the Judgment if its of help to anyone.
Sorry, don't mean to be controversial on my first day
R
Originally posted by Curlyben View PostYes, true enough, but still needs to be recorded delivery to comply with LoP s196, as this replaced registered mail
Also, as per s136, the NoA should come from the OC and not the assignee.Comment
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Re: WIFE v MBNA
OH to-day received letter from (MBNA) well postmark and address on envelope is Experto Credite, so not from MBNA just using letter head, says: -
Please accept this letter that your outstanding balance due under the above account has been assigned to Expert Credite:
Experto Address is : bla bla bal
All enquiries regarding this account, including balance information, together with future payments, should be made to this company.
Signed - Stuart Ashcroft - asset sales Manager.Comment
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Re: WIFE v MBNA
What a lot of rot!
MBNA, have always sent their DN's out by 2nd/3rd class mail and they do not keep copies.
MBNA DN's are computer generated.Comment
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Re: WIFE v MBNA
I have just quickly checked my file(s) of papers and I hold three envelopes that contained DN's, all three were sent by 2nd class post.
Please also see the following quote:
[QUOTE] by S. McEvoy, Senior Compliance Officer, MBNA:
Please find enclosed a copy of the template that would have been sent to you.
Unfortunately, we are unable to provide you with an exact copy as we do not keep them. [End Quote]
In my experience, the only MBNA letters that are sent by 1st class post, are ones in relation to complaints!Comment
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Re: WIFE v MBNA
Originally posted by Curlyben View PostHold fire on ANYTHING else until EC can show their rights to even approach you for this debt.
The ball is firmly in their court and they KNOW it.
Guess what, MBNA have truly screwed this up as the NoA should of come from THEM via registered mail
Response thread (70) above Curly? They have it seems ignored so far letter sent 21/06/2010 although they refer to the letter in their response 23/06/2010 stating contacting MBNA for NOA. The letter of 21/6 states Have no knowledge of debt owed MBNA -- also quoting Office of Fair Trading guidelines about ignoring/or disregarding disputed debts etc.Last edited by MIKE770; 4th August 2010, 13:23:PM.Comment
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Re: WIFE v MBNA
http://www.expertocredite.com/services_outsource.htm
Also, click on debt purchase.
MBNA and kidology;
remember, MBNA normally keep one finger in the, Pie!Comment
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Re: WIFE v MBNA
This is begining to look interesting and quite likely that Varde Investments Ireland are invloved; the Irish advantage...
No doubt, the DoA and DoS will reveal muchComment
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