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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
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
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