HELP. In Court vs Varde Investments/Hegarty LLP

[Hephaestus]

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

Just rang the court,
They kniow nothing about it and as far as they are aware it is all still going ahead unless Varde or IND contact them. Will send a copy of this new letter to the court and see what happens next.
Cheers.
Heph.

[teaboy2]

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

Just rang the court,
They kniow nothing about it and as far as they are aware it is all still going ahead unless Varde or IND contact them. Will send a copy of this new letter to the court and see what happens next.
Cheers.
Heph.

You should ask permission form the court to amend your defence so you can include the fact that Varde are no longer the legal owners of the account and therefore are not legally entitled to enforce the debt - Just incase Varde or IND fail to discontinue!

And have a look into what counter claim you can make against them as a result of them selling the account.

I bet the court manager was not happy with their actions lol

[Hephaestus]

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

Hi,
Have spoken with the court dealing with my case and they advised me to contact Hegarty as Varde and IND are not listed as the solicitors for this case. Have spoken to Hegarty and they are no longer dealing with it and they gave me a direct number to contact IND. I rang IND and asked them what was happening and they said that it's all been a mistake and that Aktiv Kapital have not purchased any accounts and that Varde were supposed to have written to me to inform me of this. I have heard nothing from Varde to date. I rang the courts back to let them know and they said to just carry on as if all this had not happened. Its like a "carry on" film, Sid James would be proud of the way the law works in this country.
I will just carry on fighting till the end.
Cheers

Heph.

[Hephaestus]

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

Just rang Aktiv Kapital, They say that they have purchased the account from Varde but as IND are conducting the legal proceedings it makes no difference to me. That doesn't sound right to me.

[QCKate]

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

Hi,
Have spoken with the court dealing with my case and they advised me to contact Hegarty as Varde and IND are not listed as the solicitors for this case. Have spoken to Hegarty and they are no longer dealing with it and they gave me a direct number to contact IND. I rang IND and asked them what was happening and they said that it's all been a mistake and that Aktiv Kapital have not purchased any accounts and that Varde were supposed to have written to me to inform me of this. I have heard nothing from Varde to date. I rang the courts back to let them know and they said to just carry on as if all this had not happened. Its like a "carry on" film, Sid James would be proud of the way the law works in this country.
I will just carry on fighting till the end.
Cheers

Heph.

but it doesnt sound as though youve got anyone to fight or am i mistaken, Heph????!!

QCK

[Hephaestus]

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

The plot thickens, I rang the court back and spoke to another lady and explained what was happeninng. She said that Hegarty are the listed solicitor and it is them who have been filing the forms required by the courts with the most recent being on 30th March.

[teaboy2]

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

Ohh but it will make a difference to the case, as the claim was issued on behalf as Varde being the claiment. If it is now owned by Aktiva then, one, as their Zug branch is in switzerland, and if no reciprocal agreement exists between switzerland and the UK then they would not be entitled to bring the claim to court in the UK. They will try claim there uk branch own the debt, but you have the notice of assignment that says otherwise, and H will have to discontinue the claim in order to issue a claim in Aktiva's name.

In fact, i wonder if it would be worth applying for the claim to be struck out with an unless order requesting they provide proof of ownership of the account. Then you can request a copy of the deed of assignment from Aktiva that would prove Varde are not the owners of the account and therefore are not the legitimate claiment - Which by the way would put them in a whole world of trouble with the courts lol.

[Hephaestus]

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

I contacted Hegarty again and told them that the courts had them down as the solicitor dealing with this case. Hegarty assured me they have nothing more to do with it and IND were supposed to have given the court a Notice of Change, it looks like they haven't bothered tho. Hegarty are chasing IND at the moment to see what is going on.
AK are indeed trying to say that their UK branch are acting on behalf of the Zug branch. Have attached the letter from AK.

Cheers
Heph.

[teaboy2]

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

Well the UK branch can not be the claiment as they are a seperate legal entity even if they are owned by Zug branch or part of the same group of companies. So they can act on Zug branch behalf but they can not be deemed the claiment as they are not the legal owner as Zug branch is!

[QCKate]

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

I contacted Hegarty again and told them that the courts had them down as the solicitor dealing with this case. Hegarty assured me they have nothing more to do with it and IND were supposed to have given the court a Notice of Change, it looks like they haven't bothered tho. Hegarty are chasing IND at the moment to see what is going on.
AK are indeed trying to say that their UK branch are acting on behalf of the Zug branch. Have attached the letter from AK.

Cheers
Heph.
[ATTACH]6525[/ATTACH]

Heph
Its interesting that theres no threats of any sort in the Kraptiv letter.

QCK

[Hephaestus]

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

Hi Folks,
Have now completed my pre trial checklist. I have attached an application notice (another N244 form and fee) and applied to have the case against me struck out on the grounds that Varde have sold the account to Aktiv. I have also put in a counterclaim against Varde for damages and compensation for all the grief they have caused me.
I had a phonecall off IND early this morning as they had been instructed by Hegarty to relay some info to me. they said that Hegarty were still the listed solicitor dealing with the case (even though Hegarty told me they weren't). They also confirmed that the account had been sold to Aktiv. When I asked them how they were gong to make a case considering Varde no longer owned the account they hung up.

Will keep you all posted as and when things hapen.

Cheers.

Heph.

[QCKate]

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

Hi Folks,
Have now completed my pre trial checklist. I have attached an application notice (another N244 form and fee) and applied to have the case against me struck out on the grounds that Varde have sold the account to Aktiv. I have also put in a counterclaim against Varde for damages and compensation for all the grief they have caused me.
I had a phonecall off IND early this morning as they had been instructed by Hegarty to relay some info to me. they said that Hegarty were still the listed solicitor dealing with the case (even though Hegarty told me they weren't). They also confirmed that the account had been sold to Aktiv. When I asked them how they were gong to make a case considering Varde no longer owned the account they hung up.

Will keep you all posted as and when things hapen.

Cheers.

Heph.

I wish you lots of luck, Heph. Its so good to see someone giving these people a taste of there own medicine.

QCK

[teaboy2]

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

Chuckle Chuckle

[Hephaestus]

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

Hi Folks,
Have heard back from the court regarding my application.
My counterclaim has been struck out and my request to have Vardes claim against me struck out will be dealt with at trial. Bit of a waste of £80 but worth a go. I now have to lodge a "skeleton argument" at least three days before trial. Will rely on fact that no signed credit agreement exists as was my original plan.

Will keep you posted.

Heph.

[teaboy2]

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

On what grounds were your counter claim struck out for and what did you put in your counter claim?