HELP. In Court vs Varde Investments/Hegarty LLP

[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?

[charitynjw]

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

Yep, among other things, Proteus are process servers.

[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.

[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,
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

[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 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 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.

[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.

[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.

[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!

[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

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.

[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

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!