Help with MBNA/Varde Court Claim Please

[billysilly]

Re: Help with MBNA/Varde Court Claim Please

Thanks again Teaboy

I'll do that tomorrow

Billy

[billysilly]

Re: Help with MBNA/Varde Court Claim Please

Can I please ask some more advice?

The 14 days I gave the Solicitors to send documents was up on Friday.

As I am filing an embarrassed defence tomorrow should I write back to Sols tomorrow asking again or not?

Thanks

Billy

[teaboy2]

Re: Help with MBNA/Varde Court Claim Please

No, you have already done all that your expected to do, a judge will see you did what you could and they failed to respond to you CPR, and as such will take whatever steps appropriate to either punish them for their lack of care for procedural rules (judges don't like those that break procedural rules) or order them to hand you copies of all the documents and grant an extenstion so you may file a defence.

[hussy781]

Re: Help with MBNA/Varde Court Claim Please

thank you so much > tomorrow i am sending acknoledgement of servce to court and when shall i send this letter to varde s solicitors? do i need to send £11 as well ( £1 for copy of contract and £!0 FOR SUBJECT ACCESS REPORT . could you please tell me what CPR is abbreviated from ? sorry

[hussy781]

Re: Help with MBNA/Varde Court Claim Please

Hi Teaboy > thanks for your advice i am grateful> please tell me do i need to send £11 to varde solicitors for cc and copy of sar? in the recent past varde wrote me a letter saying that they have bought the debit from MBNA . but MBNA s last invoice shows zero balance on it ? what it means? is it error or strong defence against them as the actual creditor shows the balance zero then how can third party claim from me ? please help> tomorrow i am sending letter of acknowledgement f service to court when shall i send cpr request to varde s solicitors?

[teaboy2]

Re: Help with MBNA/Varde Court Claim Please

Hi Teaboy > thanks for your advice i am grateful> please tell me do i need to send £11 to varde solicitors for cc and copy of sar? in the recent past varde wrote me a letter saying that they have bought the debit from MBNA . but MBNA s last invoice shows zero balance on it ? what it means? is it error or strong defence against them as the actual creditor shows the balance zero then how can third party claim from me ? please help> tomorrow i am sending letter of acknowledgement f service to court when shall i send cpr request to varde s solicitors?

Hi Hussy

Yes you need send a £10 postal order with a SAR, to MBNA, VARDE and EXPERTO, that way you will get all information each holds on you anc compare it to the info each provides.

As for VARDE's Solicitors, you need to send the CPR31.14 Letter that i included in my earlier post in response to your earlier posts.

You DO NOT need to do a CCA request as that should be provided along with Default notices, notice of assignments, statements etc with your CPR 31.14 Request that you make as part of court procedure to VARDE's Solicitors like billy has done for which they have failed to provide billy with which puts them in breach of civil procedure rules hence his embarressed defence. Chances are they will do the same with you to and you will probably have to enter an Embarrassed defence just like billy is having to - But do not worry an embarressed defence is a good thing, as the judges frown upon breachs of civil procedure and have been known to throw out cases as a result plus if Varde representatives do not show up on the day the case is given default judgement in your favour and your costs are awarded to you.

Chances are if they can not be bothered to follow civil Procedure rules its mean they are most likely just trying it on in the hope you pay up, and will likely a) terminate the claim prior to hearing or simply not bother to show up on the day of the hearing, once they know your willing to defend and no about court procedures which requesting a CPR 31.14 shows you are getting the advice needed.

Given Vardes recent issuings of court claims and experto's now over due regular 6 monthly letter asking for payment (which is responded to with the old written go sit and swivel letter) for my own MBNA credit card account that they unlawfully rescinded, i am now looking forward to being issued with a claim like you guys, only i will go for the jugler on the unlawful rescission and they know i will, which is porbably why they turned down my 2 previous invitation to take me to court. Though i certainly hope the next i hear from them is by a court claim lol - though thats probably wishful thinking as it seems its never going to happen which is a pity.

[leon100576]

Re: Help with MBNA/Varde Court Claim Please

need some advice please, i have had a letter off key2law solicitors saying my debt is unenforceable ( credit card debt with barclays) but they want £300 up front to star the process, i have looked on a previous thread but las post on that was 2010 can anyone give me some advice on this matter cheers leon

[teaboy2]

Re: Help with MBNA/Varde Court Claim Please

Leon

Look at it this way, you can not issue a claim against a creditor purely on the basis that a credit agreement is unenforceable.

Unenforecable only means the creditors can not enforce the debt in court, but the debt still exists and is still owed.

Them wanting £300 to start a legal process is nonsense as their is no course for action that you or they can take against your creditors for credit agreements that are unenforceable.

Plus they would have no way of knowing if your agreement was enforceable or not - Do they have a copy of it? No they will not have.

Its basically some one or some firm out to try and make a quick profit for those the most can least afford to lose money let alone pay the £300.

You can easily defend a claim a creditor makes against you if the agreement is unenforceable without having to pay a penny to anyone.

Besides looking at their website they deal in debt collection, so it maybe a ploy to get a payment from you then sting you by issuing a claim against you.

Can you give us more details as to the credit card debt you as, such as last time you made payment, has you been sent a Default Notice etc?

[hussy781]

Re: Help with MBNA/Varde Court Claim Please

Hi teaboy > i honestly have no words to thank you for the guidances encouragement and valuable advice you provide < kindly please tell me that do i need to send each (varde experto and MBNA ) £10 each for SAR? I have requested that from MBNA and experto in the past and have paid the fees > MBNA just ignored me but experto send me CCA and the internal call log (they called it SAR) .. do i need to do this again or shall i just put the foot on varde s tail lol>
I am sure they wouldnt mess around with you as you know how to knock them out > thanks for your continued support < looking forward to your reply

[MIKE770]

Re: Help with MBNA/Varde Court Claim Please

if they state zero balance it has been charged off to DCA you probably find, others will advise.

[teaboy2]

Re: Help with MBNA/Varde Court Claim Please

Hi teaboy > i honestly have no words to thank you for the guidances encouragement and valuable advice you provide < kindly please tell me that do i need to send each (varde experto and MBNA ) £10 each for SAR? I have requested that from MBNA and experto in the past and have paid the fees > MBNA just ignored me but experto send me CCA and the internal call log (they called it SAR) .. do i need to do this again or shall i just put the foot on varde s tail lol>
I am sure they wouldnt mess around with you as you know how to knock them out > thanks for your continued support < looking forward to your reply

Hi Hussy if you can remember the dates you original sent a SAR to experto and MBNA, then you should send them the following to follow up on why they have not fully complied with your original SAR

Send Experto this

LETTER BEFORE ACTION
Section 7 – Data Protection Act 1998

Dear Sir/Madam

Account: xxxxxxxx

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated (Insert Date). The disclosure of personal data is incomplete in that at least the following documents are missing.

(Adapt this next section to your situation)

1) You have failed to provide a complete list of transactions and charges.(Add details of missing period - or a transaction that you know about which is not included)
2) You have provided no notes, or documents relating to any legal action between you and myself.
3) You have provided no notes, or documents relating to instances of manual intervention other than call logs.

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

The time for compliance with my request has now expired. If you do not comply fully with my Subject access request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

Yours faithfully,



[name]

Send this to MBNA

LETTER BEFORE ACTION
Section 7 – Data Protection Act 1998

Dear Sir/Madam

Account: xxxxxxxx

You have failed to comply with my Data Protection Act Subject access request dated (Insert Date).

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

Note: this account is now subject to legal action between myself and another 3rd party. Therefore it would be in your interest to fully comply with my request without the need for a court order to force the disclosure.


Yours faithfully

Then send a normal SAR with £10 to Varde along with a CPR 31.14 request to the solicitors that are acting on Vardes behalf.

Oh i would do more then knock them out i would push for the case to be heard at the high court to set a legal precendent to open up the flood gates for everyone whos agreement was terminated and sold on, of the back of invalid DN. Lol kick em when their down i say lol.

[teaboy2]

Re: Help with MBNA/Varde Court Claim Please

if they state zero balance it has been charged off to DCA you probably find, others will advise.

Exactly so the zero balance means nothing other than you now owe zero to MBNA yet still owe, what you used to owe MBNA, to Varde or whoever bought the debt from MBNA.

[hussy781]

Re: Help with MBNA/Varde Court Claim Please

I heard from a friend that these DCA s buy the debit for 10o to 50p from creditors is this true? as he works for DCA > ?

[MIKE770]

Re: Help with MBNA/Varde Court Claim Please

I heard from a friend that these DCA s buy the debit for 10o to 50p from creditors is this true? as he works for DCA > ?

Yes - that seems to be the case, hence they chase you over, over, again, if they succeed, what profit they make for a few pence.

Anybody fancies DCA company?

[teaboy2]

Re: Help with MBNA/Varde Court Claim Please

Yes - that seems to be the case, hence they chase you over, over, again, if they succeed, what profit they make for a few pence.

Anybody fancies DCA company?

Well i was considering it at one point, but decided i didn't want all the grief and headaches you guys and my alternate self (Teaboy2) would give me lol