Experto Credite bought my debt

[toomuchdebt]

Good evening

Dead quick question. I received a letter tonight from Experto Credite advising that Varde Investments (Ireland) Limited had bought my debt off MBNA.

There is a CCA for this account. I am not disputing that I owe the money outstanding.

However, should MBNA have advised me who they sold the account to? They advised me that they would be selling the account and offered me the chance to settle for approx 35% but I couldn't afford that. However, they have not actually advised that they have sold the debt or who to.

Many thanks in advance

Robert

[MIKE770]

Re: Experto Credite bought my debt

They should of informed you by recorded delivery, (Not deemed served if not) another of their games, verdi is in Ireland, therefore Experto can only try to collect monies on their behalf, . CCA enforceable you say?? when did you take out the Card? post up CCA copy minus your details, sure somebody will look at it for you, as usualy when you are offered discounts suspect CCA involved on most occasions, also Default Notice did you receive, if so post up minus personal details, if you have, did you keep the envelope?? also Experto if you question them will say they will contact MBNA for assignment, then send a supposed assignment to you in their own envelope. look through the MBNA threads on here.

Also all correspondence in writing, also send any letters Recorded Delivery.

[ItWasn'tMe]

Re: Experto Credite bought my debt

They should of informed you by recorded delivery, (Not deemed served if not)

Not strictly true... if LoPA was read in conjunction with cases that are pertinent to it, instead of in isolation, it would be seen that the courts have actually held that a letter delivered by ordinary post complies with s 196(3) of LoPA and is deemed served under that aforementioned section.

Acts should never be read alone with just our comprehension guiding us... they should be read in conjunction with court cases referencing it so it can be seen how it is applied.

That is a validly served notice of assignment as per LoPA s 196(3) as found in Kinch v Bullard in 1998 and given positive treatment thereafter by subsequent cases and courts.

[Algee]

Re: Experto Credite bought my debt

As I understand it Bullard (the joint owner) sent her husband Kinch a NoA by ordinary post. He fell ill and was hospitalised, and she destroyed the NoA before he could receive it.

Surely the judgement in Kinch v Bullard was that the NoA was delivered, the fact that it was subsequently destroyed before the recipient got to see it is by the way.

If it had never been accepted as being delivered, then I would think that the judge would have taken sec 196(4) into account.

Alan

[Algee]

Re: Experto Credite bought my debt

In Kinch v Bullard the following is a quote from the judge:

NEUBERGER J: . . . I consider that, s. 196(3) is satisfied once it is shown that the relevant document was bona fide delivered to the last known place of abode or business of the addressee, then, although it might lead to an unfair result in an exceptional case, the law is at least simple and clear.

(my emphasis).

Thus it has to be proved by the sender that it was delivered. If it cannot be proved, then we fall back on s196(4).

Alan

[Caspar]

Re: Experto Credite bought my debt

In Kinch v Bullard the following is a quote from the judge:
(my emphasis).

Thus it has to be proved by the sender that it was delivered. If it cannot be proved, then we fall back on s196(4).

Alan

From that statement I would agree with you.

[Algee]

Re: Experto Credite bought my debt

You may be interested in the following link.

Case Law Update - Rosling King August 2009: Lender Update

Alan