HELP. In Court vs Varde Investments/Hegarty LLP

[Hephaestus]

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.

[Hephaestus]

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

Hi Folks,
Just received another letter from IND. It is identical to one I received several weeks ago with copies of Vardes current CCl and also a copy of their old one (which does not show it has expired unless you check the dates). Whereas the last one was from a guy called Irvine who states he is the Debt Account Manager for Varde, this one is from a lady called Simpson who states that she is the Debt Account Manager for Varde. Apart from that the statement of truth is identical word for word and all the enclosed docs are the same as in Irvines letter. I have also received a Pre Trial checklist from the court which I must file by the 27th. They still have provided nothing with a signature except the tick in a box which I have previously posted. I do not see how they can make a case based on that and will fight to the bitter end. Even if they request a stay I will insist on seeing it through now as I am sick of Varde, IND and all their bull****.
Cheers.
Will keep you posted.

[Hephaestus]

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

Hi,
I have had a better look at this letter from Proteus Investigations now. As well as their letter there is a Statement of Service in which an agent from Proteus states he called at my house and personally delivered into my hand a order for production of statement of means. This did not happen, I had not got home from work and the chap spoke to my wife. He asked for me and then when she said I wasn't back yet he asked if she was related to me and then gave her the letter and went without any explanation and without identifying himself. I remember this as I had already had the judgment set aside by the time he came and I assumed he was from the courts and phoned them to tell them to let the bailiff know not to call here as judgment had been set aside. The chap on the phone said he did not know how this could have happened as he could see the judgment had been set aside, we put it down to a communication error and left it at that. Now though it looks like IND hired Proteus to serve this notice even though the judgment had been set aside and the guy from Proteus has filed a false statement. This all seems a bit devious to me and I intend to bring this up at my hearing. Although I don't know if it will have any bearing on matters.
In one of the letters IND received from the court it clearly states that they must follow specific procedures if they intend to serve notice on me themselves including a notice to the court stating their intention to do so. No such notice is included in any of the docs they have sent and their affidavit is false.
I'm sticking to my guns as they do not appear to have anything with my signature on and without a signed credit agreement all other docs are circumstantial and meaningless.

Cheers.
Heph.

[Hephaestus]

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

Hi Folks,
Just received a couple of letters from IND. They have requested a copy of my allocation questionnaire which I listed as having been submitted to the court and no longer in my control. I will contact the court on Monday to see if I can get a copy sent to them. I don't know why they have requested to see only that document, I think it is because it was the only one I listed that is no longer under my control and it is a pain in the arse to sort.
They have aslo sent me a wad of documents comprising mainly all the aforementioned virgin statements. Apart from that there is nothing of any substance, just the form with ticks for signatures on. The letter from Proteus is also there and that relates to them serving me with a notice. It appears that a proteus employee tried to serve me with an attachment of earnings form by hand at my address. That is news to me.
There is nothing at all with my signature on it.

Cheers.

Heph

[QCKate]

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

Hi Folks,

I have now submitted an N265 form listing documents I have for Varde to inspect if they want and to use in court. I listed everything I have written or already filed with the court from the initial judgment in default to the allocation questionnaire. I have also made a request to examine several of their docs they have listed, namely the agreement, the statement of account as they have two listed but I still haven't seen any, also the letter from Proteus Investigations as am curious as to what that is all about.
I had a letter from the court after I submitted my allocation questionnaire and Varde did not submit theirs on which the judge writes "upon reading a letter from the claimant, it is ordered that ...." There is no mention of this letter in their listing so could I ask the court to see it or is the fact that they have not listed enough to stop them using it at short notice?
If the agreement they have filed with the court is the same as the one they've sent me I don't see how they can make a case. At least, that is what I'm hoping.

Will update when something happens.

Cheers.

Heph.

Hi Heph

You should add the letter varde sent to the court to the list of docs you want to have a copy of. a quick way might also be to phone the court and ask for a copy becaus they should have copied to you in the first place. you are definitely entitled to see it.

QCK

[Hephaestus]

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

Hi Folks,

I have now submitted an N265 form listing documents I have for Varde to inspect if they want and to use in court. I listed everything I have written or already filed with the court from the initial judgment in default to the allocation questionnaire. I have also made a request to examine several of their docs they have listed, namely the agreement, the statement of account as they have two listed but I still haven't seen any, also the letter from Proteus Investigations as am curious as to what that is all about.
I had a letter from the court after I submitted my allocation questionnaire and Varde did not submit theirs on which the judge writes "upon reading a letter from the claimant, it is ordered that ...." There is no mention of this letter in their listing so could I ask the court to see it or is the fact that they have not listed enough to stop them using it at short notice?
If the agreement they have filed with the court is the same as the one they've sent me I don't see how they can make a case. At least, that is what I'm hoping.

Will update when something happens.

Cheers.

Heph.

[charitynjw]

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

Yep, among other things, Proteus are process servers.

[teaboy2]

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

[ATTACH]5978[/ATTACH]

Hi Folks,
Received a List Of Documents from IND today. They have a lot listed but most of them are ones the court has ordered them to produce anyway. Not sure what the letter from Proteus Investigations is all about. I don't have any documents apart from the ones I have been sent since this court case started, should I list them and resubmit them or is the fact that the court already has them enough? I have till the 17th to submit my list.

Cheers.

Heph.

The court already has them and unless a request is made by the claiment for any additional documents, you do not need to submit anything else i believe.

As for Proteus Investigations, they are probably the company paid to serve the legal documents on you. I would not be too concerned about it. Though it wuld be interesting to actually see the letter from Proteus Investigations. Question is, if they intend to rely on all those documents, have they actually disclosed each one to you?

[Hephaestus]

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



Hi Folks,
Received a List Of Documents from IND today. They have a lot listed but most of them are ones the court has ordered them to produce anyway. Not sure what the letter from Proteus Investigations is all about. I don't have any documents apart from the ones I have been sent since this court case started, should I list them and resubmit them or is the fact that the court already has them enough? I have till the 17th to submit my list.

Cheers.

Heph.

[bluebottle]

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

Thanks for the link about the clampdown on data protection, Angry Cat. Taken them long enough, hasn't it?

I can remember regulation and kicking the arses of bank managers who stepped out of line. Sadly, the scumbags can now get away with murdering the economies of entire countries.

[Angry Cat]

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

As a long term MBNA Fan Club member:
Tougher requirements for obtaining consent unveiled in data protection proposals


The streets of London (UK) used to be paved with gold...Blair, Brown and little brown envelope so called regulation.

[bluebottle]

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

Reporting the companies, like those involved in this case, to the Information Commissioner's Office (ICO) is something that needs to be done promplty. The ICO now has the power to give transgressors a hammering without having to take them to court. The maximum penalty the ICO can impose is £500K. So far, ICO have dished out penalties of £40K and £60K, respectively, to two companies who contravened the DPA.

Best of luck, anyway.

[Angry Cat]

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

They are also registered with the ICO:

Data Protection Register - Entry Details

Registration Number: Z9235633

Date Registered: 18 October 2005 Registration Expires: 17 October 2015

Data Controller: VARDE INVESTMENTS (IRELAND) LTD

Address:
FITZWILLIAM BUSINESS CENTRE
SUITE 316
77 SIR JOHN ROGERSONS' QUAY
DUBLIN 2
IRELAND
Representative Name:


JASON SPAETH

Representative Address:


VARDE PARTNERS EUROPE LIMITED
75 DAVIES STREET
2ND FLOOR SOUTH
LONDON
This register entry describes, in very general terms, the personal data being processed by:

VARDE INVESTMENTS (IRELAND) LTD
This register entry contains personal data held for 7 purpose(s)

[Angry Cat]

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

According to the OFT Public Register, they applied for a new licence in May 2011 which was completed in June 2011.


CCA Search :: CCA Search Results :: Licence Details :: Licence History :: Event Details
Event Details
Licence Details:
Licence/Application Number Licence Status Applicant/Holder Name
0643780 Current Varde Investments (ireland) Ltd
Event Details:
Event Number Event Type Date of Receipt Closed Date Status
1 New Licence App 03-May-2011 22-Jun-2011 Completed
Licence Event Details:
Role Name
LICENSEE Varde Investments (ireland) Ltd
Officer Brian Brady
Officer Christian Currivan
Officer Krzyhsztof Drozd
Officer Matsack Trust Limited


Address Type Address
Accept Notices/Documents .
Principal Place Of Business Fitzwilliam Business Centre Suite 316, 77, Sir John Pogersons Quay, Dublin 2, ., Ireland.
Registered Office Fitzwilliam Business Centre Suite 316, 77, Sir John Progerson's Quay, Dublin 2, ., Ireland.
Categories:
Category
Consumer credit

[Hephaestus]

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











Hi Folks,

Have received at the last minute a reply to defence from Varde. I have attached pics of their reply. I have also attached pics of Vardes credit licence and previous licence which they have enclosed. The lapse date is visible if you compare them. I have also attached a pic of the statement of account which they have sent, this looks more like a bill than a statement to me and I am sure it is not what is required under the CCA. They have also sent the credit agreement with ticks for signatures which I have posted before. Along with the hundreds of pages of Virgin statements again.
I am going to stick to my guns and insist on a signed agreement as anybody with a type writer could knock up what they have sent. Not one of the hundreds of pages they have sent me has my signature on, so I am going to deny everything.

Cheers.

Heph.