HELP. In Court vs Varde Investments/Hegarty LLP

[Hephaestus]

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.

[teaboy2]

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

Ohh but it will make a difference to the case, as the claim was issued on behalf as Varde being the claiment. If it is now owned by Aktiva then, one, as their Zug branch is in switzerland, and if no reciprocal agreement exists between switzerland and the UK then they would not be entitled to bring the claim to court in the UK. They will try claim there uk branch own the debt, but you have the notice of assignment that says otherwise, and H will have to discontinue the claim in order to issue a claim in Aktiva's name.

In fact, i wonder if it would be worth applying for the claim to be struck out with an unless order requesting they provide proof of ownership of the account. Then you can request a copy of the deed of assignment from Aktiva that would prove Varde are not the owners of the account and therefore are not the legitimate claiment - Which by the way would put them in a whole world of trouble with the courts lol.

[Hephaestus]

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

The plot thickens, I rang the court back and spoke to another lady and explained what was happeninng. She said that Hegarty are the listed solicitor and it is them who have been filing the forms required by the courts with the most recent being on 30th March.

[QCKate]

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

Hi,
Have spoken with the court dealing with my case and they advised me to contact Hegarty as Varde and IND are not listed as the solicitors for this case. Have spoken to Hegarty and they are no longer dealing with it and they gave me a direct number to contact IND. I rang IND and asked them what was happening and they said that it's all been a mistake and that Aktiv Kapital have not purchased any accounts and that Varde were supposed to have written to me to inform me of this. I have heard nothing from Varde to date. I rang the courts back to let them know and they said to just carry on as if all this had not happened. Its like a "carry on" film, Sid James would be proud of the way the law works in this country.
I will just carry on fighting till the end.
Cheers

Heph.

but it doesnt sound as though youve got anyone to fight or am i mistaken, Heph????!!

QCK

[Hephaestus]

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

Just rang Aktiv Kapital, They say that they have purchased the account from Varde but as IND are conducting the legal proceedings it makes no difference to me. That doesn't sound right to me.

[Hephaestus]

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

Hi,
Have spoken with the court dealing with my case and they advised me to contact Hegarty as Varde and IND are not listed as the solicitors for this case. Have spoken to Hegarty and they are no longer dealing with it and they gave me a direct number to contact IND. I rang IND and asked them what was happening and they said that it's all been a mistake and that Aktiv Kapital have not purchased any accounts and that Varde were supposed to have written to me to inform me of this. I have heard nothing from Varde to date. I rang the courts back to let them know and they said to just carry on as if all this had not happened. Its like a "carry on" film, Sid James would be proud of the way the law works in this country.
I will just carry on fighting till the end.
Cheers

Heph.

[teaboy2]

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

Just rang the court,
They kniow nothing about it and as far as they are aware it is all still going ahead unless Varde or IND contact them. Will send a copy of this new letter to the court and see what happens next.
Cheers.
Heph.

You should ask permission form the court to amend your defence so you can include the fact that Varde are no longer the legal owners of the account and therefore are not legally entitled to enforce the debt - Just incase Varde or IND fail to discontinue!

And have a look into what counter claim you can make against them as a result of them selling the account.

I bet the court manager was not happy with their actions lol

[Hephaestus]

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

Just rang the court,
They kniow nothing about it and as far as they are aware it is all still going ahead unless Varde or IND contact them. Will send a copy of this new letter to the court and see what happens next.
Cheers.
Heph.

[teaboy2]

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

Had varde ceased their claim that they had issued against you at court?

If not you need to report this to the court dealing with the claim immediately - As in right now!

[Hephaestus]

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

Hi,
The original debt Varde and IND were after was £5500, but with the court costs Varde and IND accrued to date the figure has risen to just over £6K. Aktive/Zug are after £6400 so it looks like Varde have sold this on and added their court costs too. Very dodgy. I do not believe they had a case or they would never have sold it off. My defense was mainly going to comprise the fact that no contract existed and also that Varde had no credit licence. Surely they have no right to sell my details on to Zug especially if no debt exists. This seems to me to breach the data protection act and I don't want to just let it go or I will have to go through all this grief again. I want Varde and IND to get their asses kicked.
Am about to contact the courts and also will try the OFT and Information Commissioner and see what they suggest. These debt companies try and trick people into paying and if you fight back they stretch it out until the very last minute and then just pass it on to one of their buddies who will do the same thing all over again. There must be a way to stop them. I am going to see if I can sue them as when it comes to money these lot suddenly pay attention.

Will keep you all posted with any developments.
Thanks for all your help.

Heph.

[teaboy2]

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

Waiting for my letter!

Credit Today and AK's own website say they bought the accounts. Don't know who Zug Branch are?

I think the below is Zug branch limited

Aktiv Kapital Portfolio AS, Oslo, Zug

Zeughausgasse 3
CH-6300 Zug
Switzerland
Tel.: +41 41 710 96 57
branch@aktivkapital.ch


So switzerland is outside off the EU, which means there would need to be a treaty between UK and switzerland for them to take you to court i believe.

[basa48]

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

Waiting for my letter!

Credit Today and AK's own website say they bought the accounts. Don't know who Zug Branch are?

[teaboy2]

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

Forgot to say that Varde will have to discontinue any court claim if they are still taking you to court, since they no longer own the debt and are therefore no entitled to enforce it. Contact the court and inform them that Varde no sold the account!

[teaboy2]

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

Hi Folks,
Check this out for a twist. Just received a letter from a company called Aktiv Kapital Portfolio AS, who state that Zug Branch Ltd recently purchased my account from Varde Investments (Ireland) limited. They are requesting Experto Credite to continue contacting me. No more info than that.
WTF!!
This is gonna be good in court.

Any suggestions as to how I proceed?
Cheers,

Heph.

Had the same myself this morning, for my MBNA account that has been deadlocked since June 2009. I soon send Experto a reminder of what will happen if they even think about court and made a clear warning to A K and there Best Friend Bryan Carter that i would come down so hard on them they wouldn't know what the hell hit them if they even thought about trying their dirty tricks with me. Mind you i got rid of Bryan Carter before with one strong worded letter in the past so am more than willing to do it again lol.

basically Hepth, don't worry about it, just keep a copy of the letter though as you will note its owned by Zug Branch Limited, but on Acktiv Kaptial (UK) Limited letter head. They are two seperate legal entities and only the legal owners can take legal action, and ZUG Branch will have a job since they not based in the UK nor are they registered here. So they will have to comply with EU legislation and regulations and any treaty between UK and Norway (i assume thats where they are based) if they want to take court action.

[MIKE770]

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

Hi Folks,
Check this out for a twist. Just received a letter from a company called Aktiv Kapital Portfolio AS, who state that Zug Branch Ltd recently purchased my account from Varde Investments (Ireland) limited. They are requesting Experto Credite to continue contacting me. No more info than that.
WTF!!
This is gonna be good in court.

Any suggestions as to how I proceed?
Cheers,

Heph.

Thats right A.K. bought up a bundle of EVardi (Experto accounts) and Experto sre colleion agency for them according to Credit To-day.