Hi,
My husband has a MBNA credit card. On 7 Oct he received a letter from MBNA saying that they have sold the debt to another company and they will be transferring ownership together with the rights tocollection of the debt to another company.
He received a letter from Experto Credite 29 Nov (dated 22 Nov) saying they writre to advise that Varde Investments (Ireland) Limited have bought the interest of MBNA Europe Bank Limited and consequently, Varde Investments (Ireland) Limited arew now the legal owners of your account.
Under the terms of this assingment, Expertpo Credite Ltd has been appointed by Varde Investments (Ireland) Limited to recover any and all outstanding debts.
He has trade marked his name and has sent letters number 1, 1 Feb signed for 7 Feb and letter number 2, 14 Feb signed for 16 Feb.
Today 22 Feb he received a letter (normal post not signed for as requested in previous letters) saying that they note his cdomments and will gladly supply a copy of your agreement upon payment of £1- payable under Section 78 of the Consumer Credit Act 1974 as amended in 2006.
With regards for your requests for additional documentation, please note that we will only supply such evidence as ordered by court or as requested by you un der section 78 of the Consumer Credit Act 1974.
We arte happy to deal with this matter in writing, however we will retain your telephone numbers on our records as a legitimate form of contact shhould our letters remain unanswered.
We are careful to ensure that the level of contact from us complies with regulatory guidelines and could not be constructed as harassment. Legitimate contact in respect of an outstanding debt does not become harassment simply because it is unwelcome.
I do not believe your proposal to charge us for attempted contact is legally enforceable and do not intend to issue any sums to you in this respect. Any further letters or invoices regarding this will not receive a response as we would prefer to deal with this matter in a reasonable manner.
To clarify, this matter relates to an outstanding sum on an MBNA Platinum Visa credit card, administered by MBNA, where MBNA have sold the deby, following its default.
You have been sent our introductory letter (also referred to as our "HELLO" LETTER) ON 20 oCT 2011,which sets out the situation regarding the sale of the debt by MBNA to Varde Investments (Ireland) Ltd ("Varde"), together with our appointment by Varde to act on their behalf to recover any and all outstanding sums due in respect of your account. A copy of this letter has been enclosed for your reference (which he had never received until today)
This letter acts as formal notice to you of the assignment of the account from MBNA to Varde. Once notice of the assignment has been given, you are entitled, and indeed bound to treat the debt as transfered to the Assignee, in this case Varde.
Your consent to the assignment is not required, and there is no requirement or obligation on the part of the Assignor or Assignee to provide the Deed of Assignment. Further clarification of these points can be found in section 136 of the Law of Property Act 1925.
We trust that the information provided is adequate for your needs and look forward to receiving your repayment proposals.
Yours sincerely
RVince
Rachel Vince
Esperto Credite Ltd
Letter number 3 is going out 24 Feb with the copy of the Common Law Copyright Notice.
Any advice on the above would be greatly received.
Cath
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