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I have had an on going problem with MBNA and Experto. To cut a long story short, here is a brief guide to the Breakdown:
I have found some of my old statements and I now have a clear picture of events:
29th April- MBNA signed for my Subject access request. This was sent outside the 40 day period in August. MBNA broke the sixth principle of the Data Protection Act.
1st July- MBNA went into dispute by not replying to my section 77/78 request. They wrote a week later saying that they could not retrieve the documents. It was not until the 27th September, I received a front copy of the agreement. No T&C's.
27th July- Statutory Notice served on MBNA under section 10 of Data Protection Act giving them 14 days. Never had a reply and they continued to process data and pass onto other parties.
Now the history of the default notice.
On statement 21st Sep, Arrears were £1062.66 with balance about £10,321
9th October Default Notice sent for total amount of £10,321, not the arrears, to be paid by 26th October.
A letter dated 23rd October was sent by Experto saying that the debt had been sold to varde and they had been appointed. Were demanding the full amount.
I have had a screen print from Experto and it states the 30th Sep it was up loaded unto their system. One of their staff said that they would have been sold the debt between the 30th Sep and the time the letter was sent to me.
On my MBNA Statements they show:
21Oct- Charge of Adjustment on the 30th Sep 09 brings the balance to 0.
but on the next statement.
28th Oct- States balance from prev statement is £10,321 and on the 19th Oct it states: Zero charge on Sold Account. bringing the balance to 0
I have written to MBNA accepting the unlawful recession. They wrote back and stated that it was not unlawful recession and that they account was identified in Mid October and only sold on the 31st October. This contridicts the info and evidence I have.
Hopefully this all makes sense. Can anyone give me an idea what I am liable for. From what I understand, as the default notice was invalid, it is only the arrears I am liable for.
This is also less interest Charges (Is that from the 1st of July went the account went into dispute)
I have found some of my old statements and I now have a clear picture of events:
29th April- MBNA signed for my Subject access request. This was sent outside the 40 day period in August. MBNA broke the sixth principle of the Data Protection Act.
1st July- MBNA went into dispute by not replying to my section 77/78 request. They wrote a week later saying that they could not retrieve the documents. It was not until the 27th September, I received a front copy of the agreement. No T&C's.
27th July- Statutory Notice served on MBNA under section 10 of Data Protection Act giving them 14 days. Never had a reply and they continued to process data and pass onto other parties.
Now the history of the default notice.
On statement 21st Sep, Arrears were £1062.66 with balance about £10,321
9th October Default Notice sent for total amount of £10,321, not the arrears, to be paid by 26th October.
A letter dated 23rd October was sent by Experto saying that the debt had been sold to varde and they had been appointed. Were demanding the full amount.
I have had a screen print from Experto and it states the 30th Sep it was up loaded unto their system. One of their staff said that they would have been sold the debt between the 30th Sep and the time the letter was sent to me.
On my MBNA Statements they show:
21Oct- Charge of Adjustment on the 30th Sep 09 brings the balance to 0.
but on the next statement.
28th Oct- States balance from prev statement is £10,321 and on the 19th Oct it states: Zero charge on Sold Account. bringing the balance to 0
I have written to MBNA accepting the unlawful recession. They wrote back and stated that it was not unlawful recession and that they account was identified in Mid October and only sold on the 31st October. This contridicts the info and evidence I have.
Hopefully this all makes sense. Can anyone give me an idea what I am liable for. From what I understand, as the default notice was invalid, it is only the arrears I am liable for.
This is also less interest Charges (Is that from the 1st of July went the account went into dispute)
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