MBNA Selling Debits to Varde issuing CCJ

[Guest]

Has anyone else had any issues with regards to a CCJ being issued to you without your knowledge by a company that doesnt exist anymore?

[wales01man]

Can you give more details of this company who issued the CCJ and when this was

[ScottFreya]

The CCJ was issued by a company called Varde Investments (Ireland) - when I spoke to the court to find out more details they directed me to speak to a law firm who no longer exists. The debit was sold onto another company who also no longer exists however I was paying down the debt. The company who now owns the debt PRA has a program set up with me on a monthly basis

[ScottFreya]

When I spoke to PRA they stated that there was no record of any CCJ on my file

[Amethyst]

Is this the one that got Judgment without your knowledge 5 years ago? ( just checking re email )

[Diana M]

The CCJ was issued by a company called Varde Investments (Ireland) - when I spoke to the court to find out more details they directed me to speak to a law firm who no longer exists. The debit was sold onto another company who also no longer exists however I was paying down the debt. The company who now owns the debt PRA has a program set up with me on a monthly basis

I know a bit about Varde and PRA.

Was this originally a MBNA credit card assigned to Varde, then assigned again to Aktiv Kapital (both managed by Credito Experte) and then assigned again to PRA?

If there was a CCJ five years ago and the claim form was served on an address where you weren't living then consider whether you can make an application to set it aside.

How long have you known about the CCJ (if it exists)? And how did you find out about it?

Di

[Diana M]

The CCJ was issued by a company called Varde Investments (Ireland)

As you say Varde Investments were based in Ireland which is a different legal jurisdiction so where was this (possible) CCJ registered and which court did you contact for details?

Di

[ScottFreya]

I found out about the CCJ yesterday when I had a reference check done on my for a property that I am looking to rent - this had not appeared anywhere else before - even when I did my Experian Credit Report. My credit report actually shows that I have 998 out of 999 so if I had a CCJ I would have thought my credit score would be much lower.
The CCJ was given to North Hampton Court who assigned it to Southend - Southend were able to give me the details that it was filed back in Feb 2013 against an old address. I have been paying the debt down fistly with Experto and now with PRA

[ScottFreya]

Also the other thing that is strange is that I work in the Financial Industry - the FCA have to perform checks on me with regards to things like CCJ and nothing was ever mentioned to me or my company

[Diana M]

I found out about the CCJ yesterday when I had a reference check done on my for a property that I am looking to rent . . . .

The CCJ was given to North Hampton Court who assigned it to Southend - Southend were able to give me the details that it was filed back in Feb 2013 against an old address. I have been paying the debt down fistly with Experto and now with PRA

If you only found out about the CCJ yesterday then you should be able to make an Application to set it aside despite the time lapse. However in order to suggest your next step I need some more information.

If the CCJ (perhaps default judgment) was transferred from NCCBC to Southend County Court that suggests that the Judgment Creditor was seeking enforcement such as an Attachment of Earnings or bailiffs or a Charging Order (if you owned a property).

Who was/is the Claimant named on the CCJ?

You've mentioned Experto Credite were involved (as I suspected ) so does the name Aktiv Kapital mean anything to you? Experto Credite managed the accounts for both Varde and AK. It's unlikely that the Claimant would have been Varde Investments (Ireland) which as I've said is in a difference legal jurisdiction.

Call Northampton CCBC again and ask for a copy of the Default Judgment (CCJ) and a copy of the "Case Details" which is a printout of the Particulars of Claim from the original claim form (N1).

If they say they can't trace them you'll have to obtain that information from Southend County Court who may charge you £10 per document I'm afraid.

How much is the CCJ?

Di

[ScottFreya]

Southend County Court confirmed to me that it was a Judgement by Default on £16456 plus costs. This is the amount that I had agreed with Experto to start paying back to them which I have been doing and am now subsequently paying to PRA on a monthly basis.
They told me that it was made by Varde Investments (Ireland) and that if I needed to speak to anyone about it I should contact HL Legal & Collections - who now no longer exist.
The first I knew of this was yesterday when the reference check came back to me. As far as I was aware as I had agreed to make payments to Experto (which was all around the same time as this Judgement by Default) was submitted that I was just paying down the outstanding balance and that I would continue to pay until it was cleared. What makes matters worse for me was that I wasnt even aware that the debt had been run up - it was run up by my now deceased husband without my knowledge!

[Diana M]

Southend County Court confirmed to me that it was a Judgement by Default on £16456 plus costs. This is the amount that I had agreed with Experto to start paying back to them which I have been doing and am now subsequently paying to PRA on a monthly basis.
They told me that it was made by Varde Investments (Ireland) and that if I needed to speak to anyone about it I should contact HL Legal & Collections - who now no longer exist.

Your thread title says this was an MBNA debt so send them a Subject Access Request to get the full history of this account which will include details of the debt purchaser who was originally assigned the debt.

Personally I would also send a Subject Access Request to PRA (more on that later).

£16k (plus legal costs) is a lot of money to be repaying if (and I stress if ) the current debt owner hasn't legal title of the debt.

Assignments from MBNA to Varde have 'issues'.

If Varde (managed by Experto Credite) didn't 'own' the debt then anything that took place afterwards is legally arguable.

I defeated PRA in court a few months ago on the MBNA/Varde assignment issue. As you will see I am both the Defendant and a Litigation Executive at the firm who represented me.

PRA GROUP (UK) LIMITED v DIANA MAYHEW – WIN

‘“RECONSTITUTED AGREEMENT” – IRREDEEMABLY UNENFORCEABLE”
“UNREDACTED DEEDS OF ASSIGNMENT – NO ASSIGMENT PROVED”

So, held Recorder Bellamy in PRA Group (UK) Limited v Mayhew at Central London County Court on 22nd March 2017, at the end of a 3 day multi track trial, when dismissing PRA’s claim against our client.

Stale debts sued for on the back of 2 ‘reconstituted’ MBNA credit card agreements (May 1999 and October 2000) were held irredeemably unenforceable under CCA 1974. The evidence of an honest witness was preferred to that of so called “reconstituted agreements”.


After 3 days of close forensic examination of, and legal argument about, evidence and documents from both PRA and MBNA stating that our client’s specific debt had been assigned, the court held that no assignment had been proved.


Efforts, over many months, in earlier cases to force PRA into disclosure of un-redacted deeds and deep and sustained forensic challenge to the provenance of documents needed to prove regulatory compliance, finally drew back the veil. The reality behind bulk debt purchasing was revealed.


This decision shows that just saying an agreement is enforceable and producing a “reconstituted” copy does not prove that it is enforceable. Just saying an agreement has been assigned and producing a notice saying it has been assigned does not prove legal assignment.


Debt purchasers need to provide proof. If that means the pitifully few pence in the pound they pay for stale debts will increase because banks will now have to start keeping original evidence complying with regulatory consumer protection measures, it is hard to imagine many tears being shed, outside the City of London.

Re: PRA GROUP (UK) LIMITED v DIANA MAYHEW - WIN

I have full knowledge of this case since I was the Defendant (Diana M is short for Diana Mayhew).

I was also the "Client" of Joanna Connolly Solicitors where I currently work. How ironical.

I have no shame in being taken to court for a debt which arose with MBNA when I was in "financial chaos" at the start of the Credit Crunch which was caused by the banks not me or any of you other debtors out there.

But I didn't personally owe PRA any money (as agreed by Recorder Bellamy) and that was the reason I decided to fight this case.

I wasn't only doing it for me, I was doing it for all the other debtors who've been served with claims for a MBNA debt which travelled the same assignment route as mine.

I was also doing it because the documents produced by the Claimant needed forensic examination. As Jo has said the court found them irredeemably unenforceable. There were two claims for two accounts and both credit agreements failed the test in court.

It was a win for the consumer not just me.

PRA have said that they will not be appealing the judgment.

Di (aka Diana Mayhew)

Di