Help with MBNA/Varde Court Claim Please

[teaboy2]

Re: Help with MBNA/Varde Court Claim Please

Ahhh, well its worth a try asking consumer direct, though i always emailed the OFT about credit licenses and always got a response, that more or less gave me the answer it was looking for.

[billysilly]

Re: Help with MBNA/Varde Court Claim Please

Thanks Teaboy

I have emailed them instead - they should reply within 10 working days.

Meanwhile I have to have my defence in soon.

If I have not received the information requested should I file an embarrassed defence or should I try to agree to an extension with solicitors?

Billy

[billysilly]

Re: Help with MBNA/Varde Court Claim Please

Am I right in saying I can try to negotiate an extension of another 28 days to file my defence?

I think if I get the claimant to agree as long as copy the court in on the letter agreeing they are ok with it?

I need to get my defence in by next Tuesday (unless I get extension) should I call solicitors? I'm worried if I write I will not get a reply in time (being that they have not yet replied to my last letter!!)

Billy

[hussy781]

Re: Help with MBNA/Varde Court Claim Please

HI all > I am in same or worse situation like sillybilly so please all help> i have recevied a letter from crown court as varde taking me to court about the debit they bought from MBNA > MBNA has sent me my cca but no SAR > I also received a stament in the past from MBNA where it shows my balance 00.00 > please help as they also added 1000 uid interms of solicitor and court fees and i havent got two pennies to rub together let alone thousands of pounds > what should i do? MBNA experto all failed to send me SAR rewuest and this zero balance statement from MBNA? please all reply what should i do? as i only have few days to file my defence? what defence i should file please guide me step by step> i will be grateful

[hussy781]

Re: Help with MBNA/Varde Court Claim Please

please help as i m diabetic and very stressesd > moreover woyuld i have to goto court personally??? shall i send all the inf to court (photocopies) and explanation letteter by post?P what i need to do please help >>>
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sorry for bad spellings i am too stressed please help

[billysilly]

Re: Help with MBNA/Varde Court Claim Please

Hello Hussy

Please please don't get any more unwell over this!

I really do know how you feel. When things first went wrong for us I used to have nightmares about long queues down the street of nasty people at my door every morning but even with over 30 credit cards between us I can honsetly say i have only ever had one guy knock at my door and I simply said no thank you and closed the door and he went away!!

The best thing to do is start your own thread so you can get the best advice for your particular situation.

Once you have your thread post a link on this thread so we can all try our best to help you.

Have you filed your AOS (Acknowledgement of Service) to the court? You need to do this within 14 days of receiving the court papers.

You then have another 14 days to file a defence.

I have requested information from all parties involved and so far they have not replied. I have also requested from the solicitors an extension for filing my defence (we both have to agree) but they are choosing to ignore me so on Monday I am going to file an embarrassed defence explaining that the Pocs are incomplete and all parties have not yet responded to my request for further details.

The dates on my account seem a bit dodgy so I think I may have caught them out but I can't confirm that until they send me the documents.

I'm not too sure what happens after that (still only learning the court procedure myself) but I think I have it right so far! (Anyone able to tell me differently would be well received!).

As I say it really isn't as bad as you imagine. Some people even say it is good to get it to court because even if you lose you will not be made to pay any more than you can afford. The judge is not as scary as you thing he will be. I recently went along to a court hearing that I wasn't connected to just out of interest and the judge was actually very nice to the guy even though he didn't rule in his favour - you could tell he didn't like doing it.

Keep your chin up!

Billy

[hussy781]

Re: Help with MBNA/Varde Court Claim Please

Hi billy> thank you for your advice. At the moment you saying i need to AOS and then file my defence> ok i do that but i need to get more info on defence > do i need to contact varde and say to them what ( i dont want to get in toucgh with DCA s as one of gent who owns a dca told me these are tactics and once you liten and talk to them they somewho try to get contract with you blah blah >>> moreover do i need to send the copy of MBNA s statemnts showing balance as zero? what i need to conclude on defence file ? please enlighten me

[teaboy2]

Re: Help with MBNA/Varde Court Claim Please

Hussy781 you will need to send to varde solicitors a CPR request just like billy had to earlier. Since your new to all this i have included some info i have taken from another site and copied it below for you.

With thanks to Surfaceagentx20
In the time I have been a member of the site I have seeen a number of examples where a member is being forced along with a legal case in a situation where the creditor is unwilling from the outset to provide a legible copy of the agreement sued upon.

Sometimes they produce fuzzy copies. Sometimes they produce only part of the agreement, not all of it. Sometimes they don't produce it all and claim that owing to the decision in Rankine, they can proceed with the case regardless of whether they can bring the agreement into court.

The ability of the Defendant to know how best to deal with the claim they are required to meet is impaired where a legible copy of the entire agreement is unavailable from the outset. For example, they will not know whether to plead that the agreement is unenforceable. Pleading that it is unenforceable without actually having an opinion on whether it is or is not enforcerable could be dangerous. Pleading that it is unenforceable will place the onus of proving that fact upon the debtor. That may place an insurmountable obstacle in circumstances where later on in the case, something less than full disclosure of the agreement occurs, or where the creditor serves witness statements which are designed to present to the court a re-construction or version interpretation of the agreement.

I have seen a number of situations where the Defendant has been encouraged to deliver what is termed a CPR Request or CPR Part 18 request. Versions of the request I have seen often demand disclosure of documentary material akin to the kind of information sought in a Data Protection Act S.A.R - (Subject Access Request). Rarely do they genuinely seek Further Information by way of clarification of an issue raised in the case and which could not be dealt with during standard disclosure. As such, these requests have the habit of being refused as not being reasonable and proportionate. In cases where the sum involved is not more than £5,000.00, the Claimant answers by reference to CPR 27.2(f), saying that Part 18 does not apply.

Besides wishing to take an opinion on the agreeent, the Defendant will want to know whether to plead the default notice was ineffective, whether the Claimant's claim to have a right to sue as assignee of the debt is valid. If the agreement is unenforceable, the default notice is defective or the assigment is invalid, any one of these features will operate as a complete defence to the alleged liability.
In my view the proper thing for the debtor to do in those circumstances is to strike as quickly as possible; to go on the offensive and wrestle control of the case away from the Claimant by asserting rights which the Claimant must comply with before the Defendant becomes obliged to elect how to plead the Defence.

Such a right is found in CPR 31.14 and is concerned with the disclosure of documents mentioned in pleadings, the very place where the Claimant will refer to the agreement relied upon in even the most sparingly particularised claim.
I have therefore drawn up a draft of such a letter which I would recommend delivering to Claimants in a proper case so soon as possible after receipt of the Claim Form. It looks like this:

— 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

[teaboy2]

Re: Help with MBNA/Varde Court Claim Please

Hussy let us know what response you get to the CPR request then we can help you further.

[billysilly]

Re: Help with MBNA/Varde Court Claim Please

Hi Teaboy

Thanks for coming to the rescue!

Am I right in saying that because they have ignored my request to extend I have to file an embarrassed defence?

Thanks

Billy

[teaboy2]

Re: Help with MBNA/Varde Court Claim Please

If the claiment has not provided you with the documentation they intend to rely on in court or what you require for your defense then you are not able to put in a full defence as you do not know what it is you are defending against i.e. you do not know what is contained in those documents they intend to relying on etc.

So yes the only option for you would be an Embarressed Defenced Based on their Failure to respond to your SAR or CPR request in full or in part.

[billysilly]

Re: Help with MBNA/Varde Court Claim Please

Thanks Teaboy

So if I file an embarrassed defence and they then supply can I alter my defence?

Billy

[teaboy2]

Re: Help with MBNA/Varde Court Claim Please

Yes, but you will have to apply to the court to get an extension i believe, so you can file a new defense. Best thing to do is wait till a week before the date you need to file your defence and if you still haven't received anything file your embarassed defence, including details as to dates you made your CPR request and Sar request. That way they are less likely to catch you out by sending you the details late on, leaving you little time to file the defence.

[billysilly]

Re: Help with MBNA/Varde Court Claim Please

My defence has to be in by Tuesday!

Billy

[teaboy2]

Re: Help with MBNA/Varde Court Claim Please

Use the embarassed defence along with what you know about the DN invalidity and ask for a strike out against the claiment for their failure to follow civil procedure rules.