Varde/Brachers claimform - MBNA card

[Smoothound]

I assume my court letter is visible now?

 

It would help obviously if MBNA didn't make blind offers asking you to accept without a figure and then dragging the actual figure offer out for the maximum allowed term it appears Everything pertaining to this has taken forever and a day to get this far and now the DCA decides they are going to risk court it all has to be done in double quick time! makes me mad!!

 

As for the PPI covering the debt it should do easily especially as on 2 separate occasions they've offered me a discount if I ring them and discuss it and we all know what they have probably paid for it in the first place

[car2403]

Where have you posted it? It's like Challenge Anneka, you need to point us in the right direction!

[Smoothound]

In post 198

 

I can see it!!

[cerberusalert]

Some of us are having problems with the link you posted, it's invisible to us however a message box appears asking us to log-in see;

 

[Dotty50]

I got the same log in thingy too!

[Smoothound]

Thats odd. It should work it always has before

 

 

Just emailed the same link to a friend and she could see the picture!!

 

Again attached here! Problem is other pics further back in the thread maybe valid but possibly not visible either

 

Edited November 13, 2011 by Smoothound

[cerberusalert]

Thats odd. It should work it always has before

 

 

Just emailed the same link to a friend and she could see the picture!!

 

Again attached here! Problem is other pics further back in the thread maybe valid but possibly not visible either

 

 

It's visible now & I've checked through the thread and the others are too.

 

it must have been a software gliche either with this site or me.com but it seems to have resolved itself now.

[Smoothound]

Cool I was starting to sweat!

 

Any input gratefully received now it's all visible

[Dotty50]

I would remove the amounts as it is known that some claimants follow threads and use them in court!

[Smoothound]

Done it! Thanks again Dotty

 

Just need some legal input now...

[citizenB]

Righto, well for a start you need to keep an eye on the timeline.

 

Date of issue 8 November 2011 + 5 days to receive = 13 November + 14 days to acknowledge (the first most important step) - so by 27th November you need to have decided if you are going to defend this action and go online and acknowledge the service.

 

You will then receive an extra 14 days in which to submit a defence, that will be 11th December.

 

You need to have all the information you require to defend in your possession eg, the assignment, the default notice a copy of the agreement. You can obtain these (if you dont already have them) by sending a CPR31.14 to the Solicitors. Have a read of the pdf I have attached below, that will give you an idea of what you need to do and has links to the information you require.

 

[ATTACH]31525[/ATTACH]

 

From what you are saying, it would appear that there is a mis sold PPI and MBNA have not yet made an offer or have made a silly offer. I guess that could be used as either a counter claim or entered as a defence in that you do not owe the money at all.

 

I am sure others will be along to offer advice. Meanwhile, you MUST get the CPR31.14 request out ASAP as time is now important.

 

Do send it by Special or recorded delivery.

[citizenB]

Have you already advised the assignee that MBNA owe you more than they are claiming ? If so, then they have proceeded with litigation whilst there is a dispute in place.

[car2403]

Statutory interest?!

When will Brachers learn?

[Smoothound]

Have you already advised the assignee that MBNA owe you more than they are claiming ? If so, then they have proceeded with litigation whilst there is a dispute in place.

 

Expurto were told verbally countless times that I was in dispute with MBNA regarding my PPI. Sure I wrote as well but will check my records to be sure.

[Smoothound]

Statutory interest?!

When will Brachers learn?

 

I guess their problem is that Varde actually own the debt now so whatever happens between myself and MBNA means little to them as they will still be chasing me!!

 

My claim is in my opinion a substantial sum but it's a grey area as MBNA never sent me all the figures. I am now waiting for the actual offer when they decide to send it

[Smoothound]

Righto, well for a start you need to keep an eye on the timeline.

 

Date of issue 8 November 2011 + 5 days to receive = 13 November + 14 days to acknowledge (the first most important step) - so by 27th November you need to have decided if you are going to defend this action and go online and acknowledge the service.

 

You will then receive an extra 14 days in which to submit a defence, that will be 11th December.

 

You need to have all the information you require to defend in your possession eg, the assignment, the default notice a copy of the agreement. You can obtain these (if you dont already have them) by sending a CPR31.14 to the Solicitors. Have a read of the pdf I have attached below, that will give you an idea of what you need to do and has links to the information you require.

 

[ATTACH]31525[/ATTACH]

 

From what you are saying, it would appear that there is a mis sold PPI and MBNA have not yet made an offer or have made a silly offer. I guess that could be used as either a counter claim or entered as a defence in that you do not owe the money at all.

 

I am sure others will be along to offer advice. Meanwhile, you MUST get the CPR31.14 request out ASAP as time is now important.

 

Do send it by Special or recorded delivery.

 

Thank you

 

I will be jumping on this tonight and get a letter written etc.

[car2403]

I guess their problem is that Varde actually own the debt now so whatever happens between myself and MBNA means little to them as they will still be chasing me!!

 

My claim is in my opinion a substantial sum but it's a grey area as MBNA never sent me all the figures. I am now waiting for the actual offer when they decide to send it

 

Brachers are a legal firm, so will be acting on MBNA's behalf.

 

If they haven't supplied documentation to allow you to respond to the claim you must send a CPR request for info, now, and then apply to the Court for enforcement of the same before your time to enter a Defence expires. This is a reasonable response to the claim, whereas just asking for the documents and waiting won't be.

 

You need to play these timescales very tightly, as they will seek Default judgment from you if something is missed.

 

Have you sent a DPA SAR? Do this now, also.

 

No matter what has gone before now, requests for documentation must be responded to now that a claim has been issued - they've upped the ante so an appropriate response needs to put them under pressure.

[Mr-Pieman]

I don't think MBNA are involved any more. I recently recovered my PPI from MBNA it wasn't applied to any outstanding balance.

 

Car is bang on send a CPR31.14 give them the required 7 days to supply. They should have attached the written agreement anyway as this was not issued through Northampton so CPR 16 para 7.3 does apply.

 

In my opinion the POC is very badly written. As they have mentioned a credit card this must have a agreement so you want that plus the T&C. As the debt is now due statutory notices must also have been issued (DN, TN & notices of arrears )you want those. Also they have helpfully stated it was assigned on a date you want that and proof of service. Also you need statements for the life of the account given in the POC to prove the balance.

 

CPR PD 16

7.3

Where a claim is based upon a written agreement:

 

(1)a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing, and

 

(2)any general conditions of sale incorporated in the contract should also be attached (but where the contract is or the documents constituting the agreement are bulky this practice direction is complied with by attaching or serving only the relevant parts of the contract or documents).

 

It seems interesting that they have not mentioned anywhere the consumer credit act. I wonder why. Do Varde have a credit license can they collect in the UK??

 

If they don't supply ALL the documents within the 7 days send them a letter and seek enforcement you are unable to plead without sight of documents. Don't be scared to phone them up and request a 28day extension if they refuse get the persons name. Then file an application to have their case struck out as you are unable to plead. If they grant you 28days you MUST get it in writing you can then send a copy to the court.

 

You need to ask why they have waited so long this is just one more of varde/expertos plans it cost them £220 to file they can net £10,000+ if they can get a win by default.

 

Keep the pressure on them.

 

 

Go get them

 

 

PM

Edited November 15, 2011 by Mr-Pieman

[car2403]

Personally, I'd be seeking a strike out for non-disclosure of written documents relied on and insufficiently particularised POC. But that's just me!

[Smoothound]

Brachers are a legal firm, so will be acting on MBNA's behalf.

 

If they haven't supplied documentation to allow you to respond to the claim you must send a CPR request for info, now, and then apply to the Court for enforcement of the same before your time to enter a Defence expires. This is a reasonable response to the claim, whereas just asking for the documents and waiting won't be.

 

You need to play these timescales very tightly, as they will seek Default judgment from you if something is missed.

 

Have you sent a DPA SAR? Do this now, also.

 

No matter what has gone before now, requests for documentation must be responded to now that a claim has been issued - they've upped the ante so an appropriate response needs to put them under pressure.

 

Thanks and bear with me

 

I do have a CCA and a DN in my possession(Both posted further up the thread) but not a letter of Assignment. So what you are saying is I need to acknowledge the service of the claim and send a CPR request to the solicitors acting for Varde(MBNA are no longer involved as the debt is owned by Varde now but the account is still in dispute with MBNA regarding outstanding PPI)

 

DPA SAR? I sent a SAR request to MBNA a fair while back and got the little info I have via that but MBNA just ignored my requests for additional info! Also much of this is now with the FOS while my PPI claim is purposely dragged out as long as possible by MBNA

[Smoothound]

I don't think MBNA are involved any more. I recently recovered my PPI from MBNA it wasn't applied to any outstanding balance.

 

Car is bang on send a CPR31.14 give them the required 7 days to supply. They should have attached the written agreement anyway as this was not issued through Northampton so CPR 16 para 7.3 does apply.

 

In my opinion the POC is very badly written. As they have mentioned a credit card this must have a agreement so you want that plus the T&C. As the debt is now due statutory notices must also have been issued (DN, TN & notices of arrears )you want those. Also they have helpfully stated it was assigned on a date you want that and proof of service. Also you need statements for the life of the account given in the POC to prove the balance.

 

CPR PD 16

7.3

Where a claim is based upon a written agreement:

 

(1)a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing, and

 

(2)any general conditions of sale incorporated in the contract should also be attached (but where the contract is or the documents constituting the agreement are bulky this practice direction is complied with by attaching or serving only the relevant parts of the contract or documents).

 

It seems interesting that they have not mentioned anywhere the consumer credit act. I wonder why. Do Varde have a credit license can they collect in the UK??

 

If they don't supply ALL the documents within the 7 days send them a letter and seek enforcement you are unable to plead without sight of documents. Don't be scared to phone them up and request a 28day extension if they refuse get the persons name. Then file an application to have their case struck out as you are unable to plead. If they grant you 28days you MUST get it in writing you can then send a copy to the court.

 

You need to ask why they have waited so long this is just one more of varde/expertos plans it cost them £220 to file they can net £10,000+ if they can get a win by default.

 

Keep the pressure on them.

 

 

Go get them

 

 

PM

 

Having read through a lot of threads when this all first started I read loads of times that Varde were not allowed to collect here but things may have changed? It seems to me that it has taken them a long time to actually go this far if they were positive of their case and they would have had me in court a long time ago surely?

[Smoothound]

Personally, I'd be seeking a strike out for non-disclosure of written documents relied on and insufficiently particularised POC. But that's just me!

 

Please expand I'm not very good at this stuff yet!!!

[car2403]

Please expand I'm not very good at this stuff yet!!!

 

It basically means that the claim doesn't have sufficient chose of action (a legal term meaning 'reason', in laymans terms - I'll forego the Law Lecture! ) whereby they aren't stating what the alleged breach is and how they have suffered, etc, etc.

 

As for the documents, can you link them here again? I think we need to decide what sort of assignment has taken place, as MBNA can't have assigned the debt and not the duties that go along with it. In other words, your 'dispute' with MBNA is actually a counter claim against Verde. So, if the documentation isn't in order, and the debt is unenforceable, it may be that you have a complete defence to the claim, plus a counter claim for the PPI that is owed.

[Smoothound]

[Smoothound]

 

Edited November 16, 2011 by Smoothound