HELP. In Court vs Varde Investments/Hegarty LLP

[Hephaestus]

Re: HELP. In Court vs Varde Investments/Hegarty LLP

Hi,
Just received a General Form of Judgment or Order from the court.
Aktiv have now been substituted as the claimant in place of Varde. Also enclosed is a copy of the application notice,a copy of the draft order, a deed of sale between Aktiv and Varde which is quite substantial and has many pages blacked out completely. Under the headings "schedule 1,2,3 and 4" are listed in order, 1. Data transfer from MBNA agreements (this is a list of my data and account details). 2.A blacked out page (no idea what this is). 3. Form of excise notice (letter to varde from Aktiv re sale of account).4. Form of notice of assignment (copy of letter Aktiv sent me telling me they now owned this account).
There then follows two pages of signatories which have all been blacked out.
Appendix 1,2 and 3 then follow. These are titled First Mbna Agreement, Second MBNA agreement and Third MBNA agreement and are completely blank pages(except the titles) and finally a copy of the letter Aktiv sent on May 18th.
I have the option to object to this order but I can't see the point. Trial is only a couple of weeks away so will be glad to get it over with. They still have no contract with me that they have shown the court or myself so, "no contract, no case."

Any suggestions as to whether I should take any action at this point?

Cheers

Heph.

[teaboy2]

Re: HELP. In Court vs Varde Investments/Hegarty LLP

Thats very much the same as the notice of assignment, though its worth pointing out that they are still attempting to gety ou to make payment despite that fact the claim is at court and proceedings are on going - You will likely receive i notice to subsititute the claiment to that off AK UK Limited. Unfortunately they did that to worriedmum 2 days before the hearing and unfortunately worriedmums original defence was very vague, unlike yours - If worried mum had the same defence you have she probably would not have lost. Though i think she is thinking about appealing as the judge made an error in law regarding the service of the default notice.

[QCKate]

Re: HELP. In Court vs Varde Investments/Hegarty LLP

[ATTACH=CONFIG]6903[/ATTACH]

Hi Folks,
Just recieved this new letter from AK Zug. Looks like I've got a black mark against my name with the "Credit Bureaux" ! sounds exciting. Am gonna file a copy of this with the court but I'm not paying an £80 fee this time. They've got their Swiss address at the top of this letter which is cool.
Let you know what the court says.

Cheers

Heph

Not having much luck with this pic, have resized it but it not working like the others I have attached before. There is not much of interest in it tho so I am not gonna try anymore to get it to work. Its taken me two days to get the bloody thing attached as it is! I'm not much of a PC ace. Sorry about that.

Heph

Good luck Heph

QCK

[Hephaestus]

Re: HELP. In Court vs Varde Investments/Hegarty LLP



Hi Folks,
Just recieved this new letter from AK Zug. Looks like I've got a black mark against my name with the "Credit Bureaux" ! sounds exciting. Am gonna file a copy of this with the court but I'm not paying an £80 fee this time. They've got their Swiss address at the top of this letter which is cool.
Let you know what the court says.

Cheers

Heph

Not having much luck with this pic, have resized it but it not working like the others I have attached before. There is not much of interest in it tho so I am not gonna try anymore to get it to work. Its taken me two days to get the bloody thing attached as it is! I'm not much of a PC ace. Sorry about that.

Heph

[Hephaestus]

Re: HELP. In Court vs Varde Investments/Hegarty LLP

How did this go?

Interested as my debt has been sold on to Aktiv Kapital in the middle of Varde issuing proceedings, I've emailed the courts asking it to be stuck out, just waiting to hear back from them, otherwise it's a hearing before the end of May.

Hi, it's ongoing. Had my application to have Vardes claim against me stuck out turned down.
Trial in a couple of months. The court has been informed that Varde no longer own the account so I will just have to see what happens on the day.
Cheers
Heph.

[Worried Mum]

Re: HELP. In Court vs Varde Investments/Hegarty LLP

How did this go?

Interested as my debt has been sold on to Aktiv Kapital in the middle of Varde issuing proceedings, I've emailed the courts asking it to be stuck out, just waiting to hear back from them, otherwise it's a hearing before the end of May.

[teaboy2]

Re: HELP. In Court vs Varde Investments/Hegarty LLP

Well it maybe that given the judge is now aware that Varde are not the legal owners that he/she has decided to let the hearing go ahead so he can clobber them for carrying on the legal action when they are no longer legally entitled to do so. And he/she is able to award damages for such things that you had in your counter claim at the hearing too. So keep your fingers crossed.

[Hephaestus]

Re: HELP. In Court vs Varde Investments/Hegarty LLP

Hi,
Counterclaim struck out on Judges "own initiative pursuant to Civil Procedure Rule Part 23.8" as pasted below...

23.8

The court may deal with an application without a hearing if –
(a) the parties agree as to the terms of the order sought;

(b) the parties agree that the court should dispose of the application without a hearing, or

(c) the court does not consider that a hearing would be appropriate.

My counterclaim was a bit vague with hindsight, I just asked to counterclaim against Varde for costs, stress and trauma incurred by myself and my family. I deferred to the courts on this matter as have no legal council.
Think I made a bit of a balls up of it.
At least I've got the AK letter on file now

Cheers
Heph.

[teaboy2]

Re: HELP. In Court vs Varde Investments/Hegarty LLP

On what grounds were your counter claim struck out for and what did you put in your counter claim?

[Hephaestus]

Re: HELP. In Court vs Varde Investments/Hegarty LLP

Hi Folks,
Have heard back from the court regarding my application.
My counterclaim has been struck out and my request to have Vardes claim against me struck out will be dealt with at trial. Bit of a waste of £80 but worth a go. I now have to lodge a "skeleton argument" at least three days before trial. Will rely on fact that no signed credit agreement exists as was my original plan.

Will keep you posted.

Heph.

[teaboy2]

Re: HELP. In Court vs Varde Investments/Hegarty LLP

Chuckle Chuckle

[QCKate]

Re: HELP. In Court vs Varde Investments/Hegarty LLP

Hi Folks,
Have now completed my pre trial checklist. I have attached an application notice (another N244 form and fee) and applied to have the case against me struck out on the grounds that Varde have sold the account to Aktiv. I have also put in a counterclaim against Varde for damages and compensation for all the grief they have caused me.
I had a phonecall off IND early this morning as they had been instructed by Hegarty to relay some info to me. they said that Hegarty were still the listed solicitor dealing with the case (even though Hegarty told me they weren't). They also confirmed that the account had been sold to Aktiv. When I asked them how they were gong to make a case considering Varde no longer owned the account they hung up.

Will keep you all posted as and when things hapen.

Cheers.

Heph.

I wish you lots of luck, Heph. Its so good to see someone giving these people a taste of there own medicine.

QCK

[Hephaestus]

Re: HELP. In Court vs Varde Investments/Hegarty LLP

Hi Folks,
Have now completed my pre trial checklist. I have attached an application notice (another N244 form and fee) and applied to have the case against me struck out on the grounds that Varde have sold the account to Aktiv. I have also put in a counterclaim against Varde for damages and compensation for all the grief they have caused me.
I had a phonecall off IND early this morning as they had been instructed by Hegarty to relay some info to me. they said that Hegarty were still the listed solicitor dealing with the case (even though Hegarty told me they weren't). They also confirmed that the account had been sold to Aktiv. When I asked them how they were gong to make a case considering Varde no longer owned the account they hung up.

Will keep you all posted as and when things hapen.

Cheers.

Heph.

[QCKate]

Re: HELP. In Court vs Varde Investments/Hegarty LLP

I contacted Hegarty again and told them that the courts had them down as the solicitor dealing with this case. Hegarty assured me they have nothing more to do with it and IND were supposed to have given the court a Notice of Change, it looks like they haven't bothered tho. Hegarty are chasing IND at the moment to see what is going on.
AK are indeed trying to say that their UK branch are acting on behalf of the Zug branch. Have attached the letter from AK.

Cheers
Heph.
[ATTACH]6525[/ATTACH]

Heph
Its interesting that theres no threats of any sort in the Kraptiv letter.

QCK

[teaboy2]

Re: HELP. In Court vs Varde Investments/Hegarty LLP

Well the UK branch can not be the claiment as they are a seperate legal entity even if they are owned by Zug branch or part of the same group of companies. So they can act on Zug branch behalf but they can not be deemed the claiment as they are not the legal owner as Zug branch is!