HELP. In Court vs Varde Investments/Hegarty LLP

[Hephaestus]

Hi Folks,
I have got myself into a bit of a mess and could do with some sound advice, let me explain.
I have been receiving letters from Varde Investments (Ireland) LT telling me to pay them £6K for a debt they bought from MBNA.
I wrote to them asking for proof of claims but they ignored me and just kept sending letters demanding immediate payment. I foolishly ignored them and last week received a Judgment for claimant (in default) and another letter saying it had been passed to the local court for enforcement.
I contacted the court and they told me to submit an N244 form to have the judgment set aside on the grounds that I did not receive a Claim Form prior to my court case. They also want £80 fees for this form to work. They told me I had 14 days to submit this form and payment.
A couple of days later I get an application for an attachment to earnings form from the courts telling me I have 8 days to return it or face 14 days jail!
I contacted the courts and explained I was still within my 14 days and was submitting the N244 form, but she said " No 14 days, judgment is instant". I was struck dumb by this and after a pause she told me to get the N244 in asap and then hung up.
I have got the N244 form now and after reading it I see that I could have done it all online anyway. Never mind though, It also says I need to send a copy to the other parties who I assume would be Hegarty LLP so will do the court one online and post the other to Hegarty.
I have absolutely no idea what to say in this form or how to go about defending myself in court. Does anybody know what the next steps are?
I have written to DCA's in the past using template letters asking for proof of claims and other legal stuff and to be fair this has usually stopped them in their tracks. However if I try to say all this stuff in court it will be painfully obvious that I have absolutely no idea what I'm talking about and they will make mince meat of me.
The original court case that gave me a CCJ was in Northampton "Bulk Centre" apparently.

Does anybody have any suggestions on how I should proceed?
Q3 on form N244 is " What order are you asking the court to make and why?"
I am going to sat that I want the judgment set aside as I was not forewarned or summoned to appear in court and therefore could not defend myself.
Is that a good enough reason or do I need to also state my need to see all the relevant documentation or is that something to be addressed elsewhere?

Any advice will be gratefully accepted.

Cheers.

[MIKE770]

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

Awareness to the site team was sent yesterday as report post!

[MIKE770]

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

O.H. has received from A.K. bundle of 1 blank CCA1974 and statements, pages of T&Cs, assignment letter to varde, A..K. state they act for varde, and also another copy of a CCA1974 with O.H. siggy on it, name & address, reference number and a credit limit, that is all, no signature on behalf of the O.C. states 2003.

O.H. as in the past on the 1st copy stated she has not seen that bit of paper before, the whole thing was a result of a unsolicited phone call for a points card for travel discounts!

[pt2537]

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

an excellent worked example of the provisions of s127(1)&(2) in action could be found in the case of Rank Xerox v Hepple where HHJ Hague QC reduced a debt (damages under a HP agreement) from £5000 to £500 because the creditor had omitted an accelerated payment clause from the agreement and subsequently relied on it in proceedings.

[basa48]

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

Is the debtor in red supposed to say creditor ?

M1

Sorry - yes of course it should. Now corrected.

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

[QUOTE=basa48;273826]To be honest, although many parties may have got frustrated, I gleaned quite a lot from the exchange.

It seems to me that if a debtor never signed an agreement (or if he has not got a copy) he may well be screwed if the debtor can demonstrate a methodology whereby their credit agreements are compliant and on the balance of probabilities the court would enforce.

On the other hand, if the debtor does have a copy of the signed agreement, he would need to demonstrate a prejudice by way of a missing or defective prescribed term.

Is that about right?

(PS: I agree a missing creditors sig missing being prejudicial is bordering on insanity!)[/QUOTE

Yes in post 2007 agreements it may be the case that an incorrectly stated APR would present a greater prejudice to the debtor, in that it is the largest indicator of the value of the credit bargain, and of course APR is not a prescribed term..

D

[MIKE770]

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

Is the debtor in red supposed to say creditor ?

M1

go to the top of the class!!

[pt2537]

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

Is the debtor in red supposed to say creditor ?

M1

I would expect so

[mystery1]

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

To be honest, although many parties may have got frustrated, I gleaned quite a lot from the exchange.

It seems to me that if a debtor never signed an agreement (or if he has not got a copy) he may well be screwed if the debtor can demonstrate a methodology whereby their credit agreements are compliant and on the balance of probabilities the court would enforce.

On the other hand, if the debtor does have a copy of the signed agreement, he would need to demonstrate a prejudice by way of a missing or defective prescribed term.

Is that about right?

(PS: I agree a missing creditors sig missing being prejudicial is bordering on insanity!)

Is the debtor in red supposed to say creditor ?

M1

[basa48]

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

To be honest, although many parties may have got frustrated, I gleaned quite a lot from the exchange.

It seems to me that if a debtor never signed an agreement (or if he has not got a copy) he may well be screwed if the creditor can demonstrate a methodology whereby their credit agreements are compliant and on the balance of probabilities the court would enforce.

On the other hand, if the debtor does have a copy of the signed agreement, he would need to demonstrate a prejudice by way of a missing or defective prescribed term.

Is that about right?

(PS: I agree a missing creditors sig being prejudicial is bordering on insanity!)

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

The only way to begin to learn is to say i do not understand, if you cannot make that simple declaration to yourself in the beginning, you are doomed to ignorance for the rest of your life.

D

[pt2537]

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

Episode over??

seems so, i give up and wait to hear of the streetwise court battle with interest.

[Streetwise]

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

oh lordy

right then, @streetwise, when you get sued please let me know the court details ill attend, then when you get outside and have lost, ill tell you, TOLD YA SO

if you honestly believe that the creditor not signing the agreement causes you prejudice, then your either insane, or misguided and not understanding the law correctly. Ive posted Goode and Halsburys, they are the leading authorities in Consumer Credit law, and even they say youre wrong.

I bow out on this note as i cannot get involved in these silly arguments any longer. For people reading this, read the Goode commentary, read the comments and the cases referred to and make your own mind up before running off to challenge your creditor cos the agreement isnt signed by them.

I'll take a back seat on this one due to your superior knowledge.

[MIKE770]

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

Episode over??

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

oh lordy

right then, @streetwise, when you get sued please let me know the court details ill attend, then when you get outside and have lost, ill tell you, TOLD YA SO

if you honestly believe that the creditor not signing the agreement causes you prejudice, then your either insane, or misguided and not understanding the law correctly. Ive posted Goode and Halsburys, they are the leading authorities in Consumer Credit law, and even they say youre wrong.

I bow out on this note as i cannot get involved in these silly arguments any longer. For people reading this, read the Goode commentary, read the comments and the cases referred to and make your own mind up before running off to challenge your creditor cos the agreement isnt signed by them.

What he said

:tinysmile_hmm_t2: