HELP. In Court vs Varde Investments/Hegarty LLP

[Hephaestus]

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

Hi,
Counterclaim struck out on Judges "own initiative pursuant to Civil Procedure Rule Part 23.8" as pasted below...

23.8

The court may deal with an application without a hearing if –
(a) the parties agree as to the terms of the order sought;

(b) the parties agree that the court should dispose of the application without a hearing, or

(c) the court does not consider that a hearing would be appropriate.

My counterclaim was a bit vague with hindsight, I just asked to counterclaim against Varde for costs, stress and trauma incurred by myself and my family. I deferred to the courts on this matter as have no legal council.
Think I made a bit of a balls up of it.
At least I've got the AK letter on file now

Cheers
Heph.

[teaboy2]

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

Well it maybe that given the judge is now aware that Varde are not the legal owners that he/she has decided to let the hearing go ahead so he can clobber them for carrying on the legal action when they are no longer legally entitled to do so. And he/she is able to award damages for such things that you had in your counter claim at the hearing too. So keep your fingers crossed.

[Worried Mum]

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

How did this go?

Interested as my debt has been sold on to Aktiv Kapital in the middle of Varde issuing proceedings, I've emailed the courts asking it to be stuck out, just waiting to hear back from them, otherwise it's a hearing before the end of May.

[Hephaestus]

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

How did this go?

Interested as my debt has been sold on to Aktiv Kapital in the middle of Varde issuing proceedings, I've emailed the courts asking it to be stuck out, just waiting to hear back from them, otherwise it's a hearing before the end of May.

Hi, it's ongoing. Had my application to have Vardes claim against me stuck out turned down.
Trial in a couple of months. The court has been informed that Varde no longer own the account so I will just have to see what happens on the day.
Cheers
Heph.

[Hephaestus]

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



Hi Folks,
Just recieved this new letter from AK Zug. Looks like I've got a black mark against my name with the "Credit Bureaux" ! sounds exciting. Am gonna file a copy of this with the court but I'm not paying an £80 fee this time. They've got their Swiss address at the top of this letter which is cool.
Let you know what the court says.

Cheers

Heph

Not having much luck with this pic, have resized it but it not working like the others I have attached before. There is not much of interest in it tho so I am not gonna try anymore to get it to work. Its taken me two days to get the bloody thing attached as it is! I'm not much of a PC ace. Sorry about that.

Heph

[QCKate]

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

[ATTACH=CONFIG]6903[/ATTACH]

Hi Folks,
Just recieved this new letter from AK Zug. Looks like I've got a black mark against my name with the "Credit Bureaux" ! sounds exciting. Am gonna file a copy of this with the court but I'm not paying an £80 fee this time. They've got their Swiss address at the top of this letter which is cool.
Let you know what the court says.

Cheers

Heph

Not having much luck with this pic, have resized it but it not working like the others I have attached before. There is not much of interest in it tho so I am not gonna try anymore to get it to work. Its taken me two days to get the bloody thing attached as it is! I'm not much of a PC ace. Sorry about that.

Heph

Good luck Heph

QCK

[teaboy2]

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

Thats very much the same as the notice of assignment, though its worth pointing out that they are still attempting to gety ou to make payment despite that fact the claim is at court and proceedings are on going - You will likely receive i notice to subsititute the claiment to that off AK UK Limited. Unfortunately they did that to worriedmum 2 days before the hearing and unfortunately worriedmums original defence was very vague, unlike yours - If worried mum had the same defence you have she probably would not have lost. Though i think she is thinking about appealing as the judge made an error in law regarding the service of the default notice.

[Hephaestus]

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

Hi,
Just received a General Form of Judgment or Order from the court.
Aktiv have now been substituted as the claimant in place of Varde. Also enclosed is a copy of the application notice,a copy of the draft order, a deed of sale between Aktiv and Varde which is quite substantial and has many pages blacked out completely. Under the headings "schedule 1,2,3 and 4" are listed in order, 1. Data transfer from MBNA agreements (this is a list of my data and account details). 2.A blacked out page (no idea what this is). 3. Form of excise notice (letter to varde from Aktiv re sale of account).4. Form of notice of assignment (copy of letter Aktiv sent me telling me they now owned this account).
There then follows two pages of signatories which have all been blacked out.
Appendix 1,2 and 3 then follow. These are titled First Mbna Agreement, Second MBNA agreement and Third MBNA agreement and are completely blank pages(except the titles) and finally a copy of the letter Aktiv sent on May 18th.
I have the option to object to this order but I can't see the point. Trial is only a couple of weeks away so will be glad to get it over with. They still have no contract with me that they have shown the court or myself so, "no contract, no case."

Any suggestions as to whether I should take any action at this point?

Cheers

Heph.

[teaboy2]

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

Stick to the original plan with the embarressed defence. As you said they still have not complied with your cpr31.14.

[mystery1]

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

How does the deed of assignment compare to the notice of assignment ? (dates,parties details)

M1

[Hephaestus]

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

Hi,
Have been looking through all the stuff they sent me in order to answer your question, am going to attach docs and pics etc with as much info as I can come up with tomorrow.
As I look through it though, I am tempted to apply to have this judgment reversed due to the following reasons.

There is a statement of truth given by Aktivs account manager, in it he states

"3. By an agreement in writing dated the 29th Febuary 2012, the Claimant assigned to the applicant all their rights,title and interest in the debt owed by the Defendant to them. Notice of this transaction, pursuant to the provisions of the Law of Property Act 1925, was given to the Defendant on 18/05/12. A redacted copy of the agreement and a copy of the Notice are now produced in the bundle marked "SO1" and "SO2"."

In my statement of defense which I submitted when Varde were involved, I mentioned the Law of Property Act 1925 and the fact that Varde were in breach of it as during their credit licence lapse the company changed hands or was bought out and therefore the original debt/account could not be transferred from original Varde licence holder to the new one without breaching the said Law of Property Act 1925. They ignored this point in their reply to my defence...
Strikes me as funny as how they are trying to comply with it now. I say it is too late and Aktiv should not be able to purchase this account at all as it did not belong to Varde after their licence lapse and therefore could not be sold or assigned by them.

In another letter between Varde and Aktiv labeled " Schedule 3 - Form of Exercise Notice" Aktiv write that
"We refer to the deed of sale and purchase of card recievables dated (Black blob) 2012 between Aktiv Zug, (Big Black Blob) and Varde and the option granted to us under clause 16.1 of that deed.
We hereby give you notice that under and pursuant to clause 16.3 of the deed that we exercise the option granted by you to us in respect of the Additional debts (as defined in the Deed). This notice constitutes an Exercise Notice for the purpose of the Deed."

I looked up clause 16 in the copy of the Deed they have enclosed and guess what, it is 5 pages long and is blacked out in its entirety, I have no idea what it says. Surely this can't be right for the judge to allow this. I don't think he even looked through it!
On page 2 of the deed amongst the black lines is a reference to the second and third MBNA agreement and the fact that they are attached as Appendix 2 and 3 respectively. (First MBNA agreemant is not mentioned or is blacked out as the lines above second MBNA agreement are blacked)
It states that
"Second MBNA agreement means the agreement for the sale and purchase of card recievables between the Seller and MBNA dated 31 March 2010, a copy of which (partially redacted in the second schedule thereof in relation to the purchase price) is attached to this deed as Appendix 2."

"Partially redacted" !!! its completely blank!

The third MBNA agrement reads the same, except dated 27 July 2011.
This appendix is also completely blank.

I fail to see how the judge can allow them to submit these blank pages and blacked out pages and allow them to base their case upon it, its a complete joke.
I haven't had much joy in appealing to the courts judgment so far and wonder if I should bother. I really fancy it but haven't got another £80 to pay for an N244 form. It needs to be done within the next few days, I may submit one and ask to pay later or apply for aid. If I don't get one in I may miss my chance to raise it and be not allowed to do so in court at my hearing. Its very complicated, justice seems to be related to how much money you are prepared to shell out to satisfy the courts.

Anyway, that's my moan for tonight, any idea on whether I should raise these issues before trial? I will attach copies of stuff they sent in next few posts to give you more of an idea of what I am going on about.

Cheers.

Heph.

[Hephaestus]

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

Varde Licence new.docVarde licence.doc

Hi,
I have (hopefully) attached Vards credit license, old and new. Where on these could I point out that the company has changed hands as told to me by the OFT.
Would I be correct in saying that it relates to the section "Current Organisations that run the Organisation" as these are different on both licences.

Cheers.
Heph

[Hephaestus]

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



Hi,
Here are some of the docs I have been sent, including the infamous "Clause 16" (only one page of it as its ********)

Am having trouble attaching this info. Am unsure if I've even managed it.

[Hephaestus]

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

Here are two more.
Plenty of info there eh. Would the judge have had these forms unblanked? If not, he must have been on the Vodka...

Cheers.
Heph.

[Hephaestus]

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

Hi,
Have contacted the OFT for clarification of the change of ownership reflected in Vardes two credit licences. If they give me the info that I need and it looks viable I intend to challenge this new ruling and dispute the legallity of the Deed of Sale. That should throw a bit of a spanner in the works.
Will pester OFT on phone tomorrow too.
Will keep you posted as to how it goes.

Please feel free to advise me in any way any of you see fit, it all helps and is very very welcome.

Cheers.

Heph