Debt with MBNA > Varde Investments/Experto Credite (and a CCJ) and now PRA

[ginerswede]

Hello all!

I've spent some time this morning reading the forums regarding other cases - but thought I'd post a welcome and about my plight for others views and the best direction for some advice.

Back in 2008/09/10 I managed to rack up a fairly hefty debt across several credit cards, pay day loans and the like. During the time, my business was struggling and lots of the business costs were the cause of these debts.
Thankfully, I've managed to pay off all bar two of these, and managed to get a reasonable sum back from Wonga and PPI claims that certainly helped achieve that. I'm hoping I can claim something back from the other pay day alone companies, but that is a separate matter.

However, I have one debt that is still large, this is one that was with MBNA as a Virgin Money Credit Card - It was originally about £16k and this now has around £10k left outstanding. I had a CCJ issued by Varde Investments (Ireland) which last month disappeared from my credit file as it was 6 years since the judgement. The debt was passed to the PRA Group who are once again chasing for more money.

I'm wondering how I stand in terms of future collection of the amount outstanding. As Varde/Experto and H&L Legal seem to be no more how would PRA go about the recovery if they deemed my payments in adequate. Could they issues a new CCJ? in their name? Or do they have powers when they purchased the debt to allow them to enforce collection through the courts as Varde?

I'd appreciate any help on this one, just so I understand where I'm at in regards to just paying the bare minimum.

Thanks

[charitynjw]

Hi & welcome to LB.
Was Experto Credite involved with this?

I seem to recall an issue re legal assignment of debts with this lot.

EDIT
https://legalbeagles.info/forums/for...-claim-on-line

[ginerswede]

Thanks for replying. I’ve Had letters from Experto Credite and PRA states in my online portal that they purchased the debt from them.

Thanks.

[charitynjw]

Thanks for replying. I’ve Had letters from Experto Credite and PRA states in my online portal that they purchased the debt from them.

Thanks.

If it were me I'd be tracking down the details of the potential assignment issues.

[pt2537]

Their assignment issues can be quite problematic for them as the attached case i dealt with a while ago shows. Press release dont have half the impact in court that placing an actual judgment transcript on the desk does

But you should also look at whether there are any issues with the agreement vs the Default notice, often as we proved in Segal, the creditor will produce documents which on their own may look ok but when considered together then they do have problems

[ginerswede]

Thanks to everyone so far for their comments.

I think I need to dig out some more paperwork to ascertain the chain of event (or at least paperwork I might still have of it).

Could I ask, even though I had a CCJ from Vardy over 6 years ago, is there anyway to redress this?

Also, after checking my credit file today - it doesn't even show the debt on there. No outstanding balance and no closed account either - is this normal.

Sorry for asking basic questions, but I'm trying to get my head round how I'd move forward with this.

Thanks

[pt2537]

Thanks to everyone so far for their comments.

I think I need to dig out some more paperwork to ascertain the chain of event (or at least paperwork I might still have of it).

Could I ask, even though I had a CCJ from Vardy over 6 years ago, is there anyway to redress this?

Also, after checking my credit file today - it doesn't even show the debt on there. No outstanding balance and no closed account either - is this normal.

Sorry for asking basic questions, but I'm trying to get my head round how I'd move forward with this.

Thanks

If a claim has already been pursued, and judgment entered, its difficult to see how you could fight this to be honest unless they have made a mess of assigning the account, but the CCJ would still technically be enforceable

[ginerswede]

Thanks for the quick reply.

I'm hoping this one is a simple question too - as the CCJ claimant was Varde Investments Ireland, I take it PRA could still enforce the CCJ unless there is an issue with the assignment of the debt?

One again thank you.

[pt2537]

Thanks for the quick reply.

I'm hoping this one is a simple question too - as the CCJ claimant was Varde Investments Ireland, I take it PRA could still enforce the CCJ unless there is an issue with the assignment of the debt?

One again thank you.

Well yes in principle they could unless they have an issue with the assignment which would then mean only Varde could enforce and that could get quite intersting

[ginerswede]

I guess I should double check with the court (Northampton) that it hasn't already been transferred to PRA without my knowledge. I take it I'd get a notification from the court if they have tried to though.

But, if they have got assignment issues with it - I don't think Varde are in any position to be enforcing that at the moment!

[pt2537]

I guess I should double check with the court (Northampton) that it hasn't already been transferred to PRA without my knowledge. I take it I'd get a notification from the court if they have tried to though.

But, if they have got assignment issues with it - I don't think Varde are in any position to be enforcing that at the moment!

Well they would also need to be substituted as the judgment creditor if they want to enforce the judgment, so that is also a problem for them.