HELP. In Court vs Varde Investments/Hegarty LLP

[mystery1]

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

You don't remember how you got the card, who from or when ? At all ?

If it was online in 2006 you are in big trouble as a tick box is fine.

M1

[Hephaestus]

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

Thats it, nothing else to remember. I know I never signed anything so was shocked when had a card anyway and it didn't need activation.

[mystery1]

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

What do you remember ?

M1

[Hephaestus]

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

It would appear it was done on internet, but no docs were issued to be signed.
Normally you tick the box and then get sent forms to sign and return before a card is issued. I was never sent any real forms to sign.

Heph

[MIKE770]

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

We had this with O.Hs., original account with another company, MBNA bought a lot of accounts from them, her account was over a phone suppose to have been card for travel points, which turned out to be c card, no agreement signed, but MBNA defaulted on a CCA request for a long time, sold account to DCA who eventually sent a MBNA agreement with O.H. signature on it nothing else, never seen this so called agreement before. Not as if they would of paste job on a bit of paper surely??? all the DCAs now state we have an agreement signed, then have stated we understand the account was bought by MBNA, make out what you like from that.

[mystery1]

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

When you took out the card where were you, how did you apply etc etc?

Going to court and just deny deny deny is going to **** off the Judge. You need to have an explanation. If you lose credibility with the judge then whatever they say the judge will go with and you're screwed.

M1

[Hephaestus]

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

Hi,
They say original agreement was with MBNA dated 3/10/2006.
I wasn't sure what the matter was about at the start of the thread as had to wait till my first court hearing to find out what was going on.
Even though there are an awful lot of documents in Hegartys bundle, everything is typed and could have been knocked up by anyone with a typewriter, there is not a signature to be seen anywhere throughout. I am going to deny everything and see what happens.

Heph

[QCKate]

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

Hi Folks,
Just recieved a massive bundle of documents regarding tomorrows trial from Hegarty, I thought they weren't involved anymore. My latest letters faxed to them by the court do not appear to be in there though. I haven't prepared my stuff in any such a proffesional way so their folder will come in handy tomorrow. There is no signed credit agreement anywhere within it except the ticks in boxes which I posted previously.
Thanks to everytone who has commented and helped me get my head around all this, I will just hope for the best tomorrow.

Cheers.
Heph.

I just looked back Heph and see that you said the original account was not with MBNA. Unless youve signed a later agreement with MBNA its the original they need to produce, Goldfish or whoever. What do they say in there documents about the original creditor. Who? What date? etc etc???

QCK

[Streetwise]

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

They'll use black parker or turn their nose up if offered a bic.

M1

But what if they haven't signed it.

[Hephaestus]

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

Hi Folks,
Just recieved a massive bundle of documents regarding tomorrows trial from Hegarty, I thought they weren't involved anymore. My latest letters faxed to them by the court do not appear to be in there though. I haven't prepared my stuff in any such a proffesional way so their folder will come in handy tomorrow. There is no signed credit agreement anywhere within it except the ticks in boxes which I posted previously.
Thanks to everytone who has commented and helped me get my head around all this, I will just hope for the best tomorrow.

Cheers.
Heph.

[QCKate]

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

What if the CREDITOR didn't sign it.

The Claimant is prevented from obtaining an enforcement order pursuant to s127(3) of the Consumer Credit Act 1974:

“The Court shall not make an enforcement order under s65(1) if section 61(1) (a) signing of agreements was not complied with unless a document (whether or not in the prescribed form) and complying with regulations under s(60) (1) itself containing all the prescribed terms of the agreement was signed by the debtor (whether or not in the prescribed manner)”



Further or alternatively, the Claimant is prevented from obtaining an enforcement order pursuant to s127(4) (a) of the Consumer Credit Act 1974:

“The Court shall not make an enforcement order under section 65(1) in the case of a cancellable agreement if –
(a) a provision of section 62 or 63 was not complied with, and the creditor or owner did not give a copy of the executed agreement, and of any other document referred to in it, to the debtor or hirer before the commencement of proceedings in which the order is sought, or (b) section 64(1) was not complied with.

QCK

[mystery1]

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

They'll use black parker or turn their nose up if offered a bic.

M1

[Streetwise]

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

The judge has to know it's not signed though, i.e. you have to tell them !

It's not ultra vires to proceed on the balance of probabilities that there existed/s a signed agreement. If you are guessing that you didn't sign the Judge can decide, on the balance of probability, that you did sign it. If you state " i did not sign a compliant credit agreement with the claimant" then the Judge will ask the claimant to prove what they say.


M1

What if the CREDITOR didn't sign it.

[mystery1]

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

Beyond POWER.:tung:

The judge has to know it's not signed though, i.e. you have to tell them !

It's not ultra vires to proceed on the balance of probabilities that there existed/s a signed agreement. If you are guessing that you didn't sign the Judge can decide, on the balance of probability, that you did sign it. If you state " i did not sign a compliant credit agreement with the claimant" then the Judge will ask the claimant to prove what they say.


M1

[Streetwise]

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

Beyond POWER.:tung: