HELP. In Court vs Varde Investments/Hegarty LLP

[teaboy2]

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

Hi Folks, Happy New Year,

Just received a letter from the court, here it is...

"Varde Investments (Ireland) LT - Claimant

Hephaestus - Defendant

Before District Judge xxx sitting at xxx Court.

Upon reading a letter from the Claimant

IT IS ORDERED THAT

1. Unless the Claimant files at Court a completed Allocation Questionnaire (and pays the allocation fee or files an application for fee remission, if applicable) with the Court Office by 4.00 pm on or before 26 January 2012 then the claim and any defence to the Counterclaim shall stand struck out.

2. The Claimant do by 26 January 2012 file and serve a Reply to Defence.


Any party affected by this order may apply to the Court to have it set aside, varied or stayed. Such application must be made in accordance with the Civil Procedure Rule Part 23, within 7 days of service of the order."


It looks like Varde never sent their questionnaire back but must have written a letter instead. I have heard nothing till now and have no idea what their letter said.
I may contact the court to see if I can get a copy of this letter. Will continue to wait and see what happens next.

Cheers.

Would be very interesting to see what the letter stated, maybe they are in abuse of process and the letter is nothing but an attempt to wriggle out of it by asking for more time, who knows. Though we will when you get a copy of the letter.

Just out of interest H, can you remind me what your counter claim was, if any, since they refer to one?

[Hephaestus]

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

Hi Folks, Happy New Year,

Just received a letter from the court, here it is...

"Varde Investments (Ireland) LT - Claimant

Hephaestus - Defendant

Before District Judge xxx sitting at xxx Court.

Upon reading a letter from the Claimant

IT IS ORDERED THAT

1. Unless the Claimant files at Court a completed Allocation Questionnaire (and pays the allocation fee or files an application for fee remission, if applicable) with the Court Office by 4.00 pm on or before 26 January 2012 then the claim and any defence to the Counterclaim shall stand struck out.

2. The Claimant do by 26 January 2012 file and serve a Reply to Defence.


Any party affected by this order may apply to the Court to have it set aside, varied or stayed. Such application must be made in accordance with the Civil Procedure Rule Part 23, within 7 days of service of the order."


It looks like Varde never sent their questionnaire back but must have written a letter instead. I have heard nothing till now and have no idea what their letter said.
I may contact the court to see if I can get a copy of this letter. Will continue to wait and see what happens next.

Cheers.

[Hephaestus]

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

Hi,
Have completed the form and submitted it a day early... I haven't received anything at the last minute from Varde,Ind or Hegarty so am hoping they never returned their form. Will just have to wait and see.

Cheers.

[Hephaestus]

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

Here are the guidance notes



Cheers.

[Hephaestus]

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

Hi,
I have attached pics of the questionnaire. So far I have represented myself and am hoping not to have to do another court appearance as that was a grim day out!

Thanks for having a look. I will put the guidance notes in next post.

Cheers

[SpringerSpaniel]

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

You should file the questionnaire if unsure wehther this is required or not.

Can you scan and post the blank questionnaire on here ?

The purpose of it is to plan any court hearing which may be necessary eg how long do you need in court, how many witnesses are to appear etc. It deals with procedure not substance of your case. Are you acting in person ?

[Hephaestus]

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

Hi,

I have received a letter from the courts. It reads as follows :-

"Notice That A defence Has Been Filed.

The defendant has filed a defence, a copy of which is enclosed with this notice. An allocation questionnaire s also enclosed which contains notes for guidance on how to complete it.

You must complete the allocation questionnaire on or before 23rd December 2011 and return it to the court office.


A fee of £220 is payable by the claimant on the filing of their allocation questionnaire."


There is a copy of my defence and this questionnaire.The questionnaire requires that all pre court protocols are adhered to and it gives a web page address for the protocols specific to this case. However, the web address does not exist. I rang the courts and asked them about it but they suggested I should not bother to complete the questionnaire. When I told them that my name was on the questionnaire and I had been told to fill it in she said he wasn't qualified to give legal advice...

I feel that all the things they are asking in this questionnaire have been things I have already tried. I still have heard nothing from Varde or IND.
The first part of this doc stresses the importance of settling before court action. I am happy to settle if that means Varde will lose this case, but not otherwise. I am unsure of how to word this in the questionnaire.

I am interested as to how Varde have to pay costs this time, and not me.

Any advice on what to do about this form is well appreciated.

Cheers.

[Hephaestus]

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

Not heard a thing. Have filed my defence now and whilst at the court I asked the dude at the desk if Varde had filed anything. He had a look on his pc and all they have done is left a message to say that they had sent me a copy of the claim form.

Thanks again.

[teaboy2]

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

Your welcome. Have you had any further news form the other side yet?

[Hephaestus]

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

Thanks Teaboy,

Your help has been very much appreciated.

Heph.

[teaboy2]

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

Hi,
Have added references were pos. Here it is

I dispute the claimant’s claim because :-
The Defendant puts the Claimant to strict proof as to these and any Credit or other Agreements it relies on in this Claim and their terms; to any default Notice it seeks to rely on; to the alleged assignment between MBNA and itself; and to its alleged compliance with the pleaded Pre-Action Protocol.
The Defendant admits non-compliance but asserts that the Agreement had first been terminated by the non-compliance not of himself but instead of the Claimant, namely that:
1. The Claimant has failed to provide a true copy of the original Consumer Credit Agreement between MBNA and the Defendant. I enclose a copy of what they have sent (I attach these marked "A1" and "A2"). These two microfiche documents could be anything, there is no information on them to connect them with either each other or to the Defendant. The failure of the Claimant to supply this documentation is in breach of the Consumer Credit Act 1974 (s77/8) and renders this Claim unenforceable in court and constitutes a complete and utter defence.
2. The Claimant has failed to provide a copy of Default Notices which it mentions in its Particulars of Claim. The Defendant has received no Default Notices or copies thereof from the claimant. The failure of the Claimant to supply this documentation is in breach of the Consumer Credit Act 1974 Section 87(1) and also of the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 and renders this Claim unenforceable in court and constitutes a complete and utter defence.
3. The Claimant has failed to provide a copy of the Assignment between MBNA and itself. The failure of the Claimant to supply this documentation is in breach of the Consumer Credit Act 1974 (s77/8) (you mean law of property act 1925 sec 136 - off top of my head) and renders this Claim unenforceable in court and constitutes a complete and utter defence.
4. The Claimant was operating unlawfully between 13/11/2010 and 22/06/11and therefore had no legal right to pursue any claims. I have enclosed copies of Vardes Consumer Credit License (marked "B1" and "B2"). This is in breach of the Consumer Credit Act (year) Section 28 and 29.
5. The Claimant appears to have changed hands or been sold during its time of lapsed licence and the rights of the original assignment cannot be passed along to the new license holder. This is in breach of the Consumer Credit Act 1974 (s29).
6. The Claimant has sent the Defendant hundreds of "statements" from a Virgin Credit Card. Every single one of these statements is incomplete and has vital information blanked out.

Claim No xxxxxxx

7. The Defendant attaches a copy of the request for documentation and of the Royal Mail Proof of Delivery and Signature of the IND representative who took delivery of the request. I have marked them "C1" and "C2".The Claimant is in clear default as to this request under Consumer Credit Act section 77d.d4(A) and section 78 s.s6 (A) they are not entitled to enforce the agreement whilst the default of the Defendants request remains in place.
8. Under Section 7 of the Consumer Credit Act 2006 the Claimant "must provide an annual statement of account, also if the account is in arrears, an arrears statement every six months". The Claimant has failed to do this and therefore cannot enforce the agreement during the period of non-compliance.
9. In light of the above points, the Defendant respectfully asks the court to dismiss the Claimants claim and award costs to the Defendant.
10. The Defendant relies upon the provisions of the Consumer Credit Acts, which he argues are implied terms of any relevant agreements. The Defendant asserts that due to the Claimant’s prior breach of the said Agreement, at the date of the alleged Default on his part, no agreement was in force between himself, MBNA or the Claimant, and that accordingly no money is owed by him to either MBNA or the Claimant. Accordingly no interest can be owed as pleaded by the Claimant. The Defendant accordingly denies this or any other liability to the claimant.

I hope that will do.
Cheers.

See in read above in red

[Hephaestus]

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

Hi,
Have added references were pos. Here it is

I dispute the claimant’s claim because :-
The Defendant puts the Claimant to strict proof as to these and any Credit or other Agreements it relies on in this Claim and their terms; to any default Notice it seeks to rely on; to the alleged assignment between MBNA and itself; and to its alleged compliance with the pleaded Pre-Action Protocol.
The Defendant admits non-compliance but asserts that the Agreement had first been terminated by the non-compliance not of himself but instead of the Claimant, namely that:
1. The Claimant has failed to provide a true copy of the original Consumer Credit Agreement between MBNA and the Defendant. I enclose a copy of what they have sent (I attach these marked "A1" and "A2"). These two microfiche documents could be anything, there is no information on them to connect them with either each other or to the Defendant. The failure of the Claimant to supply this documentation is in breach of the Consumer Credit Act 1974 (s77/8) and renders this Claim unenforceable in court and constitutes a complete and utter defence.
2. The Claimant has failed to provide a copy of Default Notices which it mentions in its Particulars of Claim. The Defendant has received no Default Notices or copies thereof from the claimant. The failure of the Claimant to supply this documentation is in breach of the Consumer Credit Act 1974 Section 87(1) and also of the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 and renders this Claim unenforceable in court and constitutes a complete and utter defence.
3. The Claimant has failed to provide a copy of the Assignment between MBNA and itself. The failure of the Claimant to supply this documentation is in breach of the Consumer Credit Act 1974 (s77/8) and renders this Claim unenforceable in court and constitutes a complete and utter defence.
4. The Claimant was operating unlawfully between 13/11/2010 and 22/06/11and therefore had no legal right to pursue any claims. I have enclosed copies of Vardes Consumer Credit License (marked "B1" and "B2"). This is in breach of the Consumer Credit Act Section 28 and 29.
5. The Claimant appears to have changed hands or been sold during its time of lapsed licence and the rights of the original assignment cannot be passed along to the new license holder. This is in breach of the Consumer Credit Act 1974 (s29).
6. The Claimant has sent the Defendant hundreds of "statements" from a Virgin Credit Card. Every single one of these statements is incomplete and has vital information blanked out.

Claim No xxxxxxx

7. The Defendant attaches a copy of the request for documentation and of the Royal Mail Proof of Delivery and Signature of the IND representative who took delivery of the request. I have marked them "C1" and "C2".The Claimant is in clear default as to this request under Consumer Credit Act section 77d.d4(A) and section 78 s.s6 (A) they are not entitled to enforce the agreement whilst the default of the Defendants request remains in place.
8. Under Section 7 of the Consumer Credit Act 2006 the Claimant "must provide an annual statement of account, also if the account is in arrears, an arrears statement every six months". The Claimant has failed to do this and therefore cannot enforce the agreement during the period of non-compliance.
9. In light of the above points, the Defendant respectfully asks the court to dismiss the Claimants claim and award costs to the Defendant.
10. The Defendant relies upon the provisions of the Consumer Credit Acts, which he argues are implied terms of any relevant agreements. The Defendant asserts that due to the Claimant’s prior breach of the said Agreement, at the date of the alleged Default on his part, no agreement was in force between himself, MBNA or the Claimant, and that accordingly no money is owed by him to either MBNA or the Claimant. Accordingly no interest can be owed as pleaded by the Claimant. The Defendant accordingly denies this or any other liability to the claimant.

I hope that will do.
Cheers.

[teaboy2]

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

Looks ok to me at a glance, though you need to refer to relevant legislation confirming it will be unenforcable for each point where you refer to such.

[Hephaestus]

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

Hi Folks,
Got my draft defense here.

"I dispute the claimant’s claim because :-
The Defendant puts the Claimant to strict proof as to these and any Credit or other Agreements it relies on in this Claim and their terms; to any default Notice it seeks to rely on; to the alleged assignment between MBNA and itself; and to its alleged compliance with the pleaded Pre-Action Protocol.
The Defendant admits non-compliance but asserts that the Agreement had first been terminated by the non-compliance not of himself but instead of the Claimant, namely that:
1. The Claimant has failed to provide a true copy of the original contract between MBNA and the Defendant. I enclose a copy of what they have sent (I attach these marked "A1" and "A2"). These two microfiche documents could be anything, there is no information on them to connect them with either each other or to the Defendant. The failure of the Claimant to supply this documentation renders this Claim unenforceable in court and constitutes a complete and utter defence.
2. The Claimant has failed to provide a copy of Default Notices which it mentions in its Particulars of Claim. The Defendant has received no Default Notices or copies thereof from the claimant. The failure of the Claimant to supply this documentation renders this Claim unenforceable in court and constitutes a complete and utter defence.
3. The Claimant has failed to provide a copy of the Assignment between MBNA and itself. The failure of the Claimant to supply this documentation renders this Claim unenforceable in court and constitutes a complete and utter defence.
4. The Claimant was operating unlawfully between 13/11/2010 and 22/06/11and therefore had no legal right to pursue any claims. I have enclosed copies of Vardes Consumer Credit License (marked "B1" and "B2"). This is in breach of the Consumer Credit Act Section 28 and 29.
5. The Claimant appears to have changed hands or been sold during its time of lapsed licence and the rights of the original assignment cannot be passed along to the new license holder.
6. The Claimant has sent the Defendant hundreds of "statements" from a Virgin Credit Card. Every single one of these statements is incomplete and has vital information blanked out.
7. The Defendant attaches a copy of the request for documentation and of the Royal Mail Proof of Delivery and Signature of the IND representative who took delivery of the request. I have marked them "C1" and "C2".

Claim No XXXX

　
The Claimant is in clear default as to this request under Consumer Credit Act section 77d.d4(A) and section 78 s.s6 (A) they are not entitled to enforce the agreement whilst the default of the Defendants request remains in place.
8. Under Section 7 of the Consumer Credit Act 2006 the Claimant "must provide an annual statement of account, also if the account is in arrears, an arrears statement every six months". The Claimant has failed to do this or and therefore cannot enforce the agreement during the period of non-compliance.
9. In light of the above points, the Defendant respectfully asks the court to dismiss the Claimants claim and award costs to the Defendant.
10. The Defendant relies upon the provisions of the Consumer Credit Acts, which he argues are implied terms of any relevant agreements. The Defendant asserts that due to the Claimant’s prior breach of the said Agreement, at the date of the alleged Default on his part, no agreement was in force between himself, MBNA or the Claimant, and that accordingly no money is owed by him to either MBNA or the Claimant. Accordingly no interest can be owed as pleaded by the Claimant. The Defendant accordingly denies this or any other liability to the claimant."

I have repeatedly mentioned the complete defence line as I am hoping any one of them that works will be a result.
I am unsure whether to mention the Virgin card for which IND sent statements. As far as I knew the account was active but in dispute at the time of Vardes initial involvement. Is it worth mentioning that now as it didn't seem to be part of the POC on the claim form?

Any thoughts or comments are most welcome.

Cheers.

[teaboy2]

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

Hi Folks,
My internet is out of action till Saturday so posting this on a library pc. Bad timing or what?
Am starting to draft my defence. Do I need to do it on the claim form they have sent as the dates on that have all expired?
All the statements IND have sent have had the payment slip part omitted. However, on the back of one of them in the fine print it states that Virgin money is issued by MBNA .
I did have a virgin card and never had a problem with it for years. I got into dispute with them after they hiked the interest rates. I opted out via the phone returned my card and was told to pay the min payment at the old rate until the balance zeroed and then account would be closed. They never left the rates at the old level though and but I continued to pay the old amount and rang them each month. The last statement I had off them was in April 2010 with a payment date of May 10th. Varde appeared to have got this debt several days later. I never heard anything from Virgin or MBNA as to this debt being sold or assigned to Varde. Vardes credit licence lapsed just after this and was not renewed for several months. According to the OFT Varde appears to have changed hands or been sold during the period of lapsed licence but I am unsure of the relevance of this although the lady at FOA implied it could be very serious and constitute unlawful trading as apparently the debt cannot pass along in this way? I am unsure of whether to mention this in my defence though.
Is it perhaps best to be brief and state bullet point facts?
For instance, I would state that INDs, Vardes and Heggarty’s failure to provide a notice of assignment constitutes a complete defence as it is unenforceable in court without one?
I would do similar with the lack of statements whilst in a period of non compliance.
I would argue that Virgin sold this debt unfairly.
I would question the agreement they have sent as it just is a box with a tick and could be anything. I should see a genuine agreement.
I am hoping that any one of these points would be enough. I have contacted the courts but they are unable to tell me if IND have filed anything with them.
Any suggestions are most welcome. I will check back Sat when pc working again and post any updates. I think I will respond to the claims on the claim form, I don't know what info they have sent to the courts, if it is the same stuff they sent me then it's a bit ropey.
Cheers.

Heres the form you need for your defence - http://hmctscourtfinder.justice.gov....orms/n11_e.pdf

Yes keep each point of defence separated, that way its easier reading for the judge and the other side.

Also don't forget about the Default Notices, as if memory serves me right they were invalid or you had not received any, which in both cases is a complete defence.