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Help with MBNA/Varde Court Claim Please

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  • Help with MBNA/Varde Court Claim Please

    Hi

    I have been trolling these forums for sometime now trying to gain as much information as possible with regard to credit card debts since I became unable to pay back in 2008.

    I have learnt a lot since then but this is the first time I have actually got to act on what I have learnt!!

    This is making me nervous and I was wondering if I could get some advice/guidance on my actions.

    I have received a court claim from Varde who have bought two of my MBNA accounts.

    The first was an A&L account and when I CCA'd them they admitted they (MBNA) were unable to send agreement because A&L could not find it.

    The other was an MBNA account.

    The claim is for both accounts combined (I'm not sure if this makes any difference - can't find any examples of them combining accounts in one claim anywhere!)

    The POC's are not complete they state the "sums due under a/various credit agreements entered into between MBNA and the defendant. The rights of MBNA passed to the claimant pursuant to an assignment dated 26/11/09 between MBNA and the claimant. The agreements were terminated upon the defendant failure to comply with the terms of the agreement and of the statutory notice of default served by MBNA. The claimant complied with section iii and iv and annex b of the pd pre action conduct and the claimant claims credit card acc no xxx bal of xxx as of xxx credit card acc no zzz bal of zzz as of zzz. Interest under s69 of the county court act 1984 at the rate of 8% a year from the default date to xxx of xxx and also inyerest at the same rate up to the date of judgement or earlier payment at a" (it finishes mid sentence - as if they have run out of room!)

    I'm not sure if I can claim POC's are incomplete or if this is too minor an issue.

    The big question I have is this......

    I received a DN from MBNA dated 09/11/09 which I thought at the time was faulty because it was sent by UKmail and they were only giving me until 26/11/09 I think they did not allow for postage but things have changed a lot since then and I don't think that has much bearing anymore!

    Also

    Experto Credite wrote to me on 07/12/09 telling me that Varde now own my debt and EC are collecting on their behalf.

    But...

    When I look at my credit file VIL/Experto filed a default on my credit file on 30/10/09

    That appears to mean that Varde must have bought the debt before MBNA even sent my the default!

    I probably naively sat back ignoring all letters from Experto after that because I assumed this was against the rules and they would not get far.

    Now they have sent me this court claim (I have never dealt with the court system before) I am wondering if I am correct and worrying that maybe that is not the case.

    So if anyone can help me I would greatly appreciate it.

    I know I have to let the court know (AOS?) that I have received the claim within 1 4 days and if I am right I assume I have to tell them I will be defending and I think I should be SAR ing both accounts (Is that to Varde or MBNA?) but court proceedure beyond that is an unknown to me!

    Thank you for your time in reading this post

    Billy
    Tags: None

  • #2
    Re: Help with MBNA/Varde Court Claim Please

    Sorry Billysilly but am going to have to keep my response brief as am fairly busy we other commitments at the moment and was just having look during a short break when i spotted your post. Hopefully others can provide more detailed advice for you.

    Well the agreement where they do not have the credit agreement for, can not be enforced in court without the agreement, so they still in default of your CCA request as a result of their failure to provide one. So thats a complete defence for that account unless they produce one in court, though as they are in default of thwe request still and haven't sent you even a recon then they should not be take it to court anyway.

    The Default does look invalid - Was it sent second class (s in the postage stamp) or first class? was the date for remedy stated as the date before the 26th (which woiuld make the 25th the last day to remedy) or date before the 27th (making the 26th last day to remedy)?

    You will need to sar MBNA to get confirmation as to the date it was sold and who too. They told me they sold mine to Experto when infact it was to Varde, they sold mine on the 17th august 2009 just before i started my company, even though the rememdy date was the date before the 29th and the DN not received till the 18th making it invalid on 2 counts - them selling before the remedy date and not allowing a full 14 days for remedy after service of the DN. Which means as the DN is invalid then they can not enforce in court and is in my opinion unlawful rescission which is what i have argued with experto for the last 2 years now and they dare not take me to court even though i invited them to do so on 2 occasions. Others will disagree with it being unlawful rescission but unltimately its upto you which argument to use as no case law says for definite eitherway in direct regards to the consumer credit regulated agreements, but i personnaly see no where in the consumer credit act where it does not allow for unlawful termination or where it states such termination would be invalid despite what others are inclined to believe.

    Yes you need to tell them you will be defending
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

    By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

    If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

    I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

    The Governess; 6th March 2012 GRRRRRR

    Comment


    • #3
      Re: Help with MBNA/Varde Court Claim Please

      This sort of nonsense is typical of the antics of the Mafia Bank of North America and Verde Investments (Ireland) Limited.

      Needless to say, Verde Investments (Ireland) Limited does not appear to have a Consumer Credit Licence, nor does Varde Investments Ireland Limited, nor any version or permutation I have tried.

      I do not believe that, if the precedent of Harrison v Burke (W F Harrison & Co Ltd v Burke and another - [1956] 2 All ER 169) applies, they are entitled to anything more than the arrears on any enforceable agreement. Please read the attached PDF file.
      Attached Files

      Comment


      • #4
        Re: Help with MBNA/Varde Court Claim Please

        Thanks so much

        I did send a letter accepting their unlawal recission when I found the details on my credit file and I sent a copy to Experto but both letters were ignored!!

        So are they within their rights to combine the two accounts? I'm no expert but assume they have done this in order to get it fast tracked(?)

        I have sent a letter to Hegarty LLp (Vardes solicitors) asking them to provide a true copy of executed agreements and all records they hold etc etc

        I assume this is the same as an SAR but I have not included a fee (something I found on a thread somewhere said there was no need?)

        Is this the right thing to do?

        Should I also remind Experto of the letters I sent and their mistake or do I keep this under my hat for my defence?

        Many thanks again

        Billy

        Comment


        • #5
          Re: Help with MBNA/Varde Court Claim Please

          Originally posted by billysilly View Post
          I have been trolling
          I'm sure you didn't mean that.

          Comment


          • #6
            Re: Help with MBNA/Varde Court Claim Please

            Sorry

            Bad choice of words!!

            Billy

            Comment


            • #7
              Re: Help with MBNA/Varde Court Claim Please

              Originally posted by billysilly View Post
              Sorry
              There was no need to apologise.

              Bad choice of words!!
              You meant "lurking".

              Comment


              • #8
                Re: Help with MBNA/Varde Court Claim Please

                lurking - trying to learn but in no way confident that I know enough to get through this!!

                Comment


                • #9
                  Re: Help with MBNA/Varde Court Claim Please

                  Originally posted by billysilly View Post
                  lurking - trying to learn but in no way confident that I know enough to get through this!!
                  us a PM Billy i will keep you straight.
                  Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

                  By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

                  If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

                  I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

                  The Governess; 6th March 2012 GRRRRRR

                  Comment


                  • #10
                    Re: Help with MBNA/Varde Court Claim Please

                    Thank you so much Teaboy!

                    I will sleep a little easier knowing I have someone who obviously knows more about all this to help out!

                    Billy

                    Comment


                    • #11
                      Re: Help with MBNA/Varde Court Claim Please

                      Originally posted by teaboy2 View Post
                      Sorry Billysilly but am going to have to keep my response brief as am fairly busy we other commitments at the moment and was just having look during a short break when i spotted your post. Hopefully others can provide more detailed advice for you.

                      Well the agreement where they do not have the credit agreement for, can not be enforced in court without the agreement, so they still in default of your CCA request as a result of their failure to provide one. So thats a complete defence for that account unless they produce one in court, though as they are in default of thwe request still and haven't sent you even a recon then they should not be take it to court anyway.


                      This is incorrect, there is no reason why they cannot take you to court, none compliance with a section 78 request does not stop them commencing proceedings , which includes taking court action. See Rankine.
                      If they produce a compliant document in court then their is no reaso why it will not be enforced.
                      The Default does look invalid - Was it sent second class (s in the postage stamp) or first class? was the date for remedy stated as the date before the 26th (which woiuld make the 25th the last day to remedy) or date before the 27th (making the 26th last day to remedy)?

                      You will need to sar MBNA to get confirmation as to the date it was sold and who too. They told me they sold mine to Experto when infact it was to Varde, they sold mine on the 17th august 2009 just before i started my company, even though the rememdy date was the date before the 29th and the DN not received till the 18th making it invalid on 2 counts - them selling before the remedy date and not allowing a full 14 days for remedy after service of the DN. Which means as the DN is invalid then they can not enforce in court and is in my opinion unlawful rescission which is what i have argued with experto for the last 2 years now and they dare not take me to court even though i invited them to do so on 2 occasions.

                      THis is ncorrect, currently creditors will argue that the enforcemnt of a Incorrectly formated default notice will depend on the amount of predjudice cause to the error, see Brandon Vs Amex.
                      Others will disagree with it being unlawful rescission but unltimately its upto you which argument to use as no case law says for definite eitherway in direct regards to the consumer credit regulated agreements, but i personnaly see no where in the consumer credit act where it does not allow for unlawful termination or where it states such termination would be invalid despite what others are inclined to believe.

                      There is no argument for unlawful rescission on a consumer credit agreement, there has never been any case recorde that says otherwise, we have however cases where people have accepted the rescission and the judge has found for the creditor because the liabilities were immidiatly due because of the debtors repudiation of contract. See this

                      http://www.consumeractiongroup.co.uk...=1#post3338072

                      Yes you need to tell them you will be defending
                      Just because a creditor does not take someone to court does not mean that you have a good defence, in most cases creditotrs prefer to use a dca anyway and there has been many cases where creditors have sucessfully enforced under simialr circumstances to yours.

                      Yes by all means tell them you will be defending but not on the rescission argument because they may just take you at your word and ask the court to rescind the agreement. As above.

                      Peter

                      Comment


                      • #12
                        Re: Help with MBNA/Varde Court Claim Please

                        hi just incase you could not activate the link this is the judgment ,one of many.

                        Well judgement has gone against me today. I am disappointed but not surprised. The DJ was very nice and treated me kindly and said I had fought a valiant battle and that my documents were all in excellent order. In his opinion "the Defendant's fatal flaw was to accept the repudiation of contract" meaning that I still owe the remaining balance. I do have right of appeal of course and I am also considering bringing a counter claim for damages caused by the repudiation. I shall take legal advice on that point. The DJ agreed the DN was a travesty. When I get the full judgement I will consider posting it up. He felt my argument was attractive but the fact I accepted the rescission in writing brought matters outside the CCA and into normal laws relating to debt.
                        NO it was deffinately

                        Comment


                        • #13
                          Re: Help with MBNA/Varde Court Claim Please

                          I
                          Sorry but i am quite concerned that you are being missled here. DO not think that this is some kind of argument beteeen teaboy and myself, despite what he may say, as far as i am concerned it is simply a matter of stopping people being given incorrect and potentially damaging information.

                          GO onto CAG and type rescission into the search bar you will see.

                          Here is one comment to start you off

                          http://www.consumeractiongroup.co.uk...on#post3512670

                          Peter

                          Comment


                          • #14
                            Re: Help with MBNA/Varde Court Claim Please

                            Originally posted by teaboy2 View Post
                            us a PM Billy i will keep you straight.
                            Can we keep the advice on the threads please for the benefit of everyone? Cheers x
                            "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

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                            Comment


                            • #15
                              Re: Help with MBNA/Varde Court Claim Please

                              Thanks for all your responses

                              It appears I may have walked into a war zone!

                              The situation I find myself in is very stressful and at this point I am unable to pay and coming to an arrangement would mean I was breaking the terms of a second charge that i have with a sub prime lender which will almost certainly result in me losing my home. So I really have no choice but to do my best to defend the case.

                              Peter

                              Are you saying from my original post I have nothing to defend on? Do you agree with someone in my position trying to defend?

                              Teaboy

                              I am very grateful for any advice you have and just hope trying to help me does not cause you unnecessary stress.

                              Billy

                              Comment

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