mickthevic v varde

[mickthevic]

Hi all,
need some help as have now got to the court stage. The story goes as follows: the end of 2008 and beginning of 2009 suffered real financial hardships due to being self employed, business nearly went under so in February 2009 stopped paying my credit cards which is 3 in number. One company was understanding, 2 were not, MBNA being the worst.

Reading around and getting advice from this forum I sent off CCA requests and got them back with no prescribed terms. The MBNA account which is what I am concentrating on here then sold the account to Varde/Experto in the October of 2009, I SAR requested MBNA and got all of this back, including Comms log and now have in my possession when this was sold which was October 2009 - no default notice was ever issued to me until January 2010! I had the usual like many people on here of letter "ping pong" with Experto.

I accepted by letter, MBNA's unlawful rescission in February 2010, I sent a letter to Experto to this affect which was totally ignored by them and then received the usual threatening letters and phone calls (which does not bother me in the slightest as I am more than capable of handling this).

This has now been taken to the court stage and I received the claim form on Thursday of this week, issue date 19/09/2011 - I acknowledged this on-line the same day as receiving it that I intend to defend.

Particulars of claim
"The claimant is the Assignee of a debt(s) from MBNA Europe Bank Limited. Notice of the Assignment was provided to the Defendant by the Claimant in writing. Despite demand for payment the assigned debt(s) remains due. The Claimant complied with Section III and IV and Annex B of the PD Pre-Action Conduct.
And the Claimant Claims:
Credit Card Account number: xxxxxxxxxxxxxxxx
balance of £xxxxxxxx as of 30/9/2009. Interest under s69 of the county court Act 1984 at the rate of 8% a year from the Default Date(s) 19/9/11 of 173.10 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 3.25 AND Costs."

I would really appreciate any help or advice how to defend this, I personally am of the opinion that I was never given a default notice before this debt was sold so this should be my defence.

Regards and thank you
mickthevic


Some more info: - looking though my paper work I have found a few discrepancies - my NoA(s) one from Experto saying they are agents acting for Varde and another one from MBNA saying it was sold to Experto - this contradicts who owns the debt - any thoughts on this please.

Also, all paperwork I have had from MBNA has had my correct account number, all paperwork from Experto has a different number which they corrected several months down the line, but my NoA from MBNA on MBNA headed paper had the wrong number and 10 days earlier I had correspondence from MBNA with correct account number. This tells me that this has been this was not sent out by MBNA and yet it was on their headed paper and "signed" by MBNA - any thoughts on this one?

I am just wondering, because of the assisgnment is mentioned in the POC, could I defend on this?

[Gorang]

Re: mickthevic v varde

Can you post up the notices on here as attachments, minus your presonal details and account numbers

default notices and notices of assignment

I suspect the that these have been manafactured (as per the norm nowadays)

Also can you check with the CRA's (experian, Equafax and Call credit) to find out what dates are showing on there for the default and the assignment, this will also confirm who actually owns the account now

What date do you need to get your defence submitted by? ?

[mickthevic]

Re: mickthevic v varde

Hi Thanks for taking a look

Not sure when defence has to be in claim form issue date is 19th September, recived 22nd september, Acknowledgment of service 22nd September ???

Mick

[mickthevic]

Re: mickthevic v varde

Hi Notices attached

Mick

[Gorang]

Re: mickthevic v varde

This has now been taken to the court stage and I received the claim form on Thursday of this week, issue date 19/09/2011 - I acknowledged this on-line the same day as receiving it that I intend to defend.

Is this a N1CPC? ?
Did this come from a bulk centre or a court? ?

also still need you to do this

Also can you check with the CRA's (experian, Equafax and Call credit) to find out what dates are showing on there for the default and the assignment, this will also confirm who actually owns the account now

EDIT

Also just for clarification

Who is the claimant on the court papers

[teaboy2]

Re: mickthevic v varde

Also take a look at this thread here for additonal info on MBNA and Varde Court Claims as it will likely be that your in the same boat - Help with MBNA/Varde Court Claim Please - Legal Beagles Consumer Forum

[mickthevic]

Re: mickthevic v varde

Is this a N1CPC? ?
Did this come from a bulk centre or a court? ?

Yes it is a N1CPC
Fom Northampton (CCBC)

VIL/EXPERTO CREDITE LTD

Defaulted On: 30/09/2009

File Updated for the Period to: 11/09/2011

VARDE INVESTMENTS (IRELAND) LT

[teaboy2]

Re: mickthevic v varde

right MBNA will say Experto own it and Experto will say Varde Own it, and Varde will not respond to your CPR31.14 or SAR Request just like in the other thread.

[mickthevic]

Re: mickthevic v varde

right MBNA will say Experto own it and Experto will say Varde Own it, and Varde will not respond to your CPR31.14 or SAR Request just like in the other thread.

So do I send a CPR31.14 to Varde solicitors? And how do I word this

Regards

Mick

[teaboy2]

Re: mickthevic v varde

Ohh i just realised they sold the account to Varde/Experto In 2009 therefore they were not the legal owners of the account in Jan 2010 and as such the DN is not just invalid bu issued when MBNA had no legal right over the account to issue one.

Also selling the account prior to issuing a valid DN is unlawful under the CCA1974 which clearly states they can not sell the account till after the rememdy date and as they have sold it before issuing the DN then you have not received any days of your Statutory 14 days to remedy which if remedied would under the act revert the account back to its original standing before the DN accured and therefore as per the act the DN would be treated as not having accured.

You have theirfore been denied your statutory rights under the act, MBNA have committed Unlawful Rescission of contract and as such they are not refusing to honour their part of the contract which puts them in repudiation see (See my Blog soory in advance for the grammer errors not had chance to go correct them yet).

So basically sent this to the Solicitors that are acting on Varder Behalf.

Dear Sir,

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.
[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored] [delete if no such request was delivered]

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

1 The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

2 The assignment*

3 The default notice*

4 The termination notice*

5 [any other documents mentioned in the Particulars of Claim]*
* delete if not mentioned in the Particulars of claim.

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#
# delete if claim for a sum exceeding £5,000.00

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.
Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully

Read more at: Help with MBNA/Varde Court Claim Please - Page 2 - Legal Beagles Consumer Forum

Then start putting an embarressed defence together like this - make not mention of the DN etc now as we still do not know until respond to the CPR31.14 what documents they will be referring too to support their claim.

Defence

1. I, XXX am the Defendant in this action and make the following statement as my defence to the claim made by Varde Investments Ltd.

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the Claimants' Particulars of Claim and put the Claimant to strict proof thereof.

3. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia:-

4. The Claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the Defendant as the Claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the Court’s attention to the following matters:
A copy of the purported written contracts that the Claimant cited in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim add any other documents they mention in the claim against you here too that they have not supplied.

5. On enter date you post CPR31.14 Request above the Defendant submitted requests under CPR rules via First Class Recorded Delivery for copies of the agreements, copies of all statements since inception of the accounts, in order to assess if the sum claimed is accurate and any other documentation that the Claimant is relying upon in pursuit of this claim. The claimant did not respond.

6. I respectfully ask the permission of the court to amend this defence when the Claimant provides full disclosure of the requested documents.

Statement of Truth

I, XXX believe the above statement to be true and factual.

Signed XXX

Edit the above areas in red to suit.

You will probably find they will not respond to the CPR31.14 request and their solicitors will simply be waiting to see if you enter a defence, i believe this case and other recent attempts by VARDE are nothing but an abuse of the court process where they file claims with no intention of going the distance, but purely in the simply hope you do not file a defence.

So tick the box i intend to defend or whatever, wait till you get a week away from the last date you can file your defence and then hand in your embarressed defence above - However if you do get a response to your CPR31.14 you need to post it up here immediately, understood?

[mickthevic]

Re: mickthevic v varde

Thank you so much for your time and effort in this matter.

Mick

[mickthevic]

Re: mickthevic v varde

This is what I have had back to my CPR 31.14 Request.

Also when would my defence need to be in Claim form issue date is 19th Sept Recived date 22nd Sept Acknowledgment of service 22nd Sept

[teaboy2]

Re: mickthevic v varde

Right so they seem to be playing for time and have acted on a claim without even having the necessary paperwork they intend to rely on as evidence. The courts should inform you of the date you need to submit your defence by, i would call the courts and ask them personally what the date is for submiting you defense just to be sure.

[Gorang]

Re: mickthevic v varde

Also when would my defence need to be in Claim form issue date is 19th Sept Recived date 22nd Sept Acknowledgment of service 22nd Sept

I belive that northampton ones are

date of service =5 days after the date of issue
defence to be in BY 28 days after date of service

which gives 33 days after date of issue which would be Saturday 22nd October in your case

so Friday 21st of October at the very latest to get your defence submitted

But as Teaboy says call to make sure

[mickthevic]

Re: mickthevic v varde

Hi

is this ok for my defence

Thanks