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HELP. In Court vs Varde Investments/Hegarty LLP

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  • #76
    Re: HELP. In Court vs Varde Investments/Hegarty LLP

    Originally posted by Hephaestus View Post
    Hi Folks,

    It's not going away !! Just received this..

    "Notice of Allocation to Fast Track.

    Varde - Claimant
    Hephaesus - Defendant

    District Judge xxx has considered the statements of case and allocation questionnaires filed, and allocated the claim to the fast track.

    IT IS ORDERED THAT

    1. Each party shall give the other party standard disclosure of documents by serving a list of documents by 4.00pm on 17 February 2012.

    2. All request for inspection of (or copies of) documents must be made by 4.00pm on 24 February 2012.

    3. The parties mutually disclose by 4.00pm on 30 March 2012 the signed statements of all witnesses of fact on whose evidence they intend to rely together with any notices to rely on hearsay evidence.

    4. Each party must file a completed pre trial checklist by 4.00pm on 27 April 2012 and the Claimant must pay a fee of £110.00. In addition a hearing fee of £545.00 (fast track) or £1090.00 (multi track) must be paid by the Claimant. The parties must file with their listing questionnaires a succinct case summary and schedule of issues (which they must seek to agree) and, if any party seeks leave to call oral expert evidence, copies of the relevant reports and any joint statement(s) and/or replies to question.

    If the court is notifies in writing that the hearing is no longer required the hearing fee will be refunded in full or in part in certain circumstances, please refer to the leaflets explaining more about what happens when your case is allocated to track.


    Notes.

    You and the other party, or parties, may agree to extend the time periods given in the directions
    except
    - where a rule, practise discretion or court order requires a party to comply with a direction within a specified time and specifies the consequences of failing to comply;
    - when an extension of time will affect the date given for returning the pre-trial checklist or the date of the trial or trial period.

    If you do not comply with these new directions, any other party to the claim will be entitled to apply to the court for an order that your statement of case (claim or defence) be struck out.


    5. The claim (issue) will be tried during the trial window commencing on 11 June 2012 and ending on 29 June 2012.

    The provisional time estimate for the trial is 4 hours and the parties must inform the court if that time estimate varies."


    That's the latest... Am in my "completely baffled" mode at the moment as it always takes me a few days to start getting to grips with the legal stuff.

    I have no documents that I can think of to disclose to Varde, I am still waiting to see what they have.

    Any comments or advice most welcome.

    Cheers.

    Heph.
    Heph

    Have you received there Reply to Defence as ordered by the judge? They were ordered to do that by 26th Jan. Varde should have sent you a copy. If they havent I think you could apply for a stay or strike out until they do comply with that ordrr.

    QCK

    Comment


    • #77
      Re: HELP. In Court vs Varde Investments/Hegarty LLP

      Just a thought, could an SDAR request be put into Verde and Heggarty and posted today? Surely the defendant would need all the paperwork to defend properly and could said application letters be taken to court? If the OP had employed a solicitor he would probably have got matters halted a little to give time to prepare so why shouldn't a litigant in person?


      Shadowcat.

      Comment


      • #78
        Re: HELP. In Court vs Varde Investments/Hegarty LLP

        Hi Guys just to clarfiy, my last post on here was in response to a post by peterbard which has clearly been removed, though he had posted the same post in a number of threads. I don't think i need to explain what it was regarding as alot of you will no all about it i expect. So please don't let me last post here distract any of you from the thread.

        Shadow, the CPR31.14 request covers all the disclosure of documents that they are basing the claim on, if my memory serves me correctly Varde and Heggarty failed to respond to that which is a breach of court process.
        Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

        By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

        If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

        I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

        The Governess; 6th March 2012 GRRRRRR

        Comment


        • #79
          Re: HELP. In Court vs Varde Investments/Hegarty LLP

          Thanks Teaboy, I know that in my own troubles if anyone at Swift even hiccups I have a note of it 'in my file'

          Shad.

          Comment


          • #80
            Re: HELP. In Court vs Varde Investments/Hegarty LLP

            Originally posted by Shadowcat View Post
            Thanks Teaboy, I know that in my own troubles if anyone at Swift even hiccups I have a note of it 'in my file'

            Shad.
            Its the same for me with lowells and MBNA/Varde/Experto. Even if they fart it goes in the black book i have lol
            Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

            By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

            If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

            I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

            The Governess; 6th March 2012 GRRRRRR

            Comment


            • #81
              Re: HELP. In Court vs Varde Investments/Hegarty LLP

              Hi,
              I still have received nothing from Varde,IND or Heggarty despite my request I sent to IND at the onset of all this. They took my £10 fee tho but ignored me until the judge ordered them to send me a new claim form. They sent what the judge asked them to do but so far have ignored my request.
              I am not sure how to go about the disclosure of documentation as I have nothing to show them except the stuff they've just sent me. The court letter states that both parties should contact each other and try and resolve it before it gets to court, however, Varde or IND never answer and I don't want to try phoning them as they always run rings around you on the phone and I end up getting annoyed with whoever I'm speaking to.
              The judge gave them till the 26th to file their reply to defence so I shall contact the court that day and see if they filed one.

              Cheers.

              Heph.

              Comment


              • #82
                Re: HELP. In Court vs Varde Investments/Hegarty LLP

                Originally posted by teaboy2 View Post
                Its the same for me with lowells and MBNA/Varde/Experto. Even if they fart it goes in the black book i have lol
                The way things are looking, it's not a black book that's needed here, more like a big black bucket!

                Ah well, good for the roses.....
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb


                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.


                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #83
                  Re: HELP. In Court vs Varde Investments/Hegarty LLP

                  Originally posted by Hephaestus View Post
                  Hi,
                  I still have received nothing from Varde,IND or Heggarty despite my request I sent to IND at the onset of all this. They took my £10 fee tho but ignored me until the judge ordered them to send me a new claim form. They sent what the judge asked them to do but so far have ignored my request.
                  I am not sure how to go about the disclosure of documentation as I have nothing to show them except the stuff they've just sent me. The court letter states that both parties should contact each other and try and resolve it before it gets to court, however, Varde or IND never answer and I don't want to try phoning them as they always run rings around you on the phone and I end up getting annoyed with whoever I'm speaking to.
                  The judge gave them till the 26th to file their reply to defence so I shall contact the court that day and see if they filed one.

                  Cheers.

                  Heph.
                  If they havnt Heph ask the court to tell you what you need to do to advise the judge that you've not received any documents (especially the Reply to Defence) and that they dont respond to your letters. I think a letter from you to the court explaining this will be enough.


                  QCK

                  Comment


                  • #84
                    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.

                    Comment


                    • #85
                      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

                      Comment


                      • #86
                        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)

                        Comment


                        • #87
                          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.
                          Life is a journey on which we all travel, sometimes together, but never alone.

                          Comment


                          • #88
                            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.

                            Comment


                            • #89
                              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.
                              Life is a journey on which we all travel, sometimes together, but never alone.

                              Comment


                              • #90
                                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.

                                Comment

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