mbna varde legarts help!

[tjhookah]

I have just received an N1CPC dated a couple days back with varde as the claimant and legarty acting as their solicitors. It relates to an MBNA card i took out sometime in 07 or 08 that I stopped paying as I was going through hardship.

The POC state:

'The claimant is the assignee of a debt(s) from mbna europe bank ltd. Notice of assignment was provided to the defendant by the claimant in writing. Despite demand for payment the assigned debt(s) remains due. The claimant complied with section III and IV and annex B of the PD pre-action conduct.

and the claimant claims: credit card account number XXXX balance of XXXX as of ??/??/2009. inteest under s69 of the county court act 1984 at the rate of 8% a year from ??/??/2009 to ??/??/2012 of XXXX and also interest at the daily rate at the same rate upto the date of judgement or earlier payment at a daily rate of XX AND cots.'


So where do I stand? The debt is around 2k and I'm in a situation where I can pay a quarter of it but not all. I don't have any assets. I would prefer to defend this but if I don't, will I have to acknowledge the N1 form or just discard it?

Do you think I would lose the case if I defended it? Is this bully boy tactics? Please help I don't know what to do!!!

[berniel]

Re: mbna varde legarts help!

You must acknowledge the notice, or they will gain a default judgment against you.
You have two choices.
You can fill in the admission and make an offer to repay at a rate that you can afford and return the notice.
Or you can defend by saying that you put them to strict proof of a properly executed agreement ever existed. You could also add that no default notice was received and that you have not received a copy of the assignment.
As a general rule of thumb defending cases like this only usually succeed if the creditor has not got some kind of signed agreement.
What you do depends as much as anything else on you temperament, if you want this out of the way, then I wold file the admission and offer.
You will get a CCJ which will stay on your credit file for six years.
If you are prepared to defend then are people on here who will help you but it does take some effort, and can be a bit of a pain in the backside.
Bernie

[tjhookah]

Re: mbna varde legarts help!

Thanks for the advice. Is it worth not acknowleding it but calling them to make an offer and asking them to withdraw the claim or is that not a wise move?

As for defending it, I never signed anything nor received a DN but did take out the card I think in '08 so how does that affect Varde's ability to reproduce the signed agreement? Based on experience is it likely they have it and hence would win?

[berniel]

Re: mbna varde legarts help!

Thanks for the advice. Is it worth not acknowleding it but calling them to make an offer and asking them to withdraw the claim or is that not a wise move?

As for defending it, I never signed anything nor received a DN but did take out the card I think in '08 so how does that affect Varde's ability to reproduce the signed agreement? Based on experience is it likely they have it and hence would win?

Whatever you decide you must acknowledge the claim, if you do not they will get a judgment against you which could be "Forthwith" this means that you would be required to make immediate payment.


As said earlier in my opinion they are unlikely to succeed in a prosecution if they do not have some kiind of agreement, but it has to be your decision.
Bernie

[Angry Cat]

Re: mbna varde legarts help!

You MUST acknowledge the claim!

County Court Bulk Centre frequently asked questions

[tjhookah]

Re: mbna varde legarts help!

Ok thanks for the advice. I may as well defend it if the other choices lead to an automatic CCJ! I will respond to the claim online. After that though what is the best plan of action in regards to what to ask for from varde/legarty/mbna? Any templates here that I can use as it's not so obvious from all my readings so far what to do!

[Angry Cat]

Re: mbna varde legarts help!

Exactly.
If you fail to acknowledge the claim form, the claimant will win by default!

For now just acknowledge the claim form on-line.

In the meantime, you must use the CPR's to obtain full disclosure of all the documents that their case relies upon.
CPR Part 31.14:
PART 31 - DISCLOSURE AND INSPECTION OF DOCUMENTS - Ministry of Justice

[tjhookah]

Re: mbna varde legarts help!

Ok thanks, I've done a bit of reading and it's all pretty mind boglgling stuff! I'm not sure if I'm able to acknowledge the claim online as it wasn't issued by moneyclaim so there are no login details on the forms I received! Is there any other way to acknowledge it online? Link(s)?

Do I send the full disclosure request to varde or their solicitors or both?! Looking through all my letters now and can't seem to find mbna issuing me a defualt notice. Could my debt have been sold on prematurely?

Is there anything else I should send to varde et al or just the CPR stuff? Is there a template to use to request such information?

[MIKE770]

Re: mbna varde legarts help!

Did you apply on line for the card?

[QCKate]

Re: mbna varde legarts help!

Ok thanks, I've done a bit of reading and it's all pretty mind boglgling stuff! I'm not sure if I'm able to acknowledge the claim online as it wasn't issued by moneyclaim so there are no login details on the forms I received! Is there any other way to acknowledge it online? Link(s)?

Do I send the full disclosure request to varde or their solicitors or both?! Looking through all my letters now and can't seem to find mbna issuing me a defualt notice. Could my debt have been sold on prematurely?

Is there anything else I should send to varde et al or just the CPR stuff? Is there a template to use to request such information?

Have you carefully read all the instructions that came with the claim form? If not do read those then post up any questions if there something that your not clear about. Also is there a court stamp on it?? In other words has it definitly been issued by the court and not sent to you by varde as a draft before taking action??

QCK

[tjhookah]

Re: mbna varde legarts help!

Did you apply on line for the card?

Yes I did so circa 2008. Does it mean I don't have much of a defence?
------------------------------- merged -------------------------------

Have you carefully read all the instructions that came with the claim form? If not do read those then post up any questions if there something that your not clear about. Also is there a court stamp on it?? In other words has it definitly been issued by the court and not sent to you by varde as a draft before taking action??

QCK

I've read most of it. I just wanted to acknowledge it online but wasn't sure how. There is a stamp on the n1cpc page but it is digitally inked (printed) and not stamped wth a manual stamper if that makes sense / any difference?

[MIKE770]

Re: mbna varde legarts help!

Agreements on line you put a X that is taken as an agreement signed as I understand the rule, sure others will confirm this??

[tjhookah]

Re: mbna varde legarts help!

^ Yeah, I'm not sure I would use the whole CCA as my defense as I'm sure even they didn;t have the original ticked agreement they would probably just reconstruct any old ticked agreement and pass it off as mine!

My issue is that I'm not sure at what point mbna sold on my debt and i'm unable to find a formal DN from them. So is it ok that they sold it on without my consent (without being acknowledged of such event) or is that within their rights?!

[Angry Cat]

Re: mbna varde legarts help!

At the end of the day, you cannot submit your defence until you obtain full disclosure from Varde's solicitor; the party who submitted the claim form.

However, you must acknowledge the claim form, as previously stated.

You state that the money claim has not been served by the Northampton County Court Bulk Centre.
If this is the case, which county court has served same?

It would be of benefit if you could scan and post up the claim form, minus of your personal details.

Lastly, if the application for credit was via the internet, MBNA would have been obligated to send to you separate cancellation rights.
Did they?

Have you made a full SAR to MBNA?
If not, please do so! (of course, it is rather late but better late than never)

[tjhookah]

Re: mbna varde legarts help!

^ On second inspection (don;t know how I overlooked it) it has details from which I can acknowledge it via moneyclaim online. It has been indeed issued by northampton bulk centre. I've tried logging in though using the claim number as the user ID and the password supplied but it says incorrect details! Am I entering it into the wrong login box (furthest left on homepage) or do I need to register as an individual to see the claim? Or, have I just been had?!

As for the mbna cancellation rights letter. I didn't receive anything from them except the statements towards the end and a few letters saying my 'account is in arrears please contact us'.

I have not made a SAR request but given the above I am a tad confused now!

I will upload the form if can get acces to a decent scanner as rght now mine is on the blink!