Varde/Brachers claimform - MBNA card

[Smoothound]

I've done that.

 

Looking at the judgement it says if I pay in full within 1 month it will be removed from my record and after that time I will have to ask. Is there a time limit for me to respond with my N245? It's been posted now just curious!

[Smoothound]

Another thing while I think about it. on the bottom of the N245 it says amount offered, and I enclose and I also enclose the fee of ... How the hell was I expected to pay the fee and a payment in one month as I'm saying I have minimal funds available in the first place? I can see it would bring more pressure on the Claimant but it would also make it appear I hve more disposable income than I have!

[Smoothound]

Another update! Which to me seems quite comical unless I'm missing something completely? I received a letter this morning from another set of monkeys who have now supposedly bought the debt from Varde Investments? They appear to be putting those well known debt collectors Expurto back on my tail? What are they up to now? I doubt the court has even opened my N245 yet! Is this just something to ignore or should I do anything?

[Smoothound]

Is this normal?

[AndyOrch]

Another update! Which to me seems quite comical unless I'm missing something completely? I received a letter this morning from another set of monkeys who have now supposedly bought the debt from Varde Investments? They appear to be putting those well known debt collectors Expurto back on my tail? What are they up to now? I doubt the court has even opened my N245 yet! Is this just something to ignore or should I do anything?

 

If the debt as been sold to another party then Varde can no longer act as claimant (if they are named on the summons as claimant) or are they just collecting on behalf of Varde?

 

Andy

[Smoothound]

The name on the letter says Aktiv Kapital and that Expurto will be collecting on their behalf! I'm now annoyed as I've put my N245 in asking for installments which has cost another £40 I needn't have spent

[AndyOrch]

This is already a matter of litigation and in process of judgment.Unless there is any definitive connection with the above clowns then ignore.They are chasing a debt that as already been a judged on.

Then they wonder why we insist assignments should be banned, left hand not knowing what the right is doing.

 

Regards

 

Andy

[Smoothound]

Thanks Andy.

 

Absolutely stupid If they had a brain between them it would be good. Just wish I'd had the guts and nohow to go to court and turn them over

[car2403]

It's unfair trading practice for a debt to be sold or collected while Court proceedings are underway - you should consider complaining about this practice to the Financial Ombudsman as you're now unwilling to go to Court. They have been known to seriously compensate those on the receiving end of such practice, plus you could always use a trade off of withdrawing your FOS complaint should they withdraw from the Court claim and write off the debt. You need to be as creative as they are...

[Smoothound]

Cheers car.

 

So should I approach them directly first about it, the court or the FOS in your opinion?

[car2403]

You should complain to them first, as you;ll need a final response fromt hem to get to the FOS

[Smoothound]

You should complain to them first, as you;ll need a final response fromt hem to get to the FOS

 

So basically what they have done is bad practice not illegal or anything?

 

So I need to write to Varde or their solicitors pointing out what they have done and tell them I will be reporting it to the FOS?

[car2403]

It is poor business practice, having multiple companies collecting on debts and while Court proceedings are underway

 

To complain to the FOS, you need to write outlining your complaint to the company involved giving them time to respond. If they reply and you aren''t happy with the response, or they take longer than 8 weeks to reply, you can proceed to complain to the FOS

[Ganymede]

It's unfair trading practice for a debt to be sold or collected while Court proceedings are underway - you should consider complaining about this practice to the Financial Ombudsman as you're now unwilling to go to Court. They have been known to seriously compensate those on the receiving end of such practice, plus you could always use a trade off of withdrawing your FOS complaint should they withdraw from the Court claim and write off the debt. You need to be as creative as they are...

 

 

 

But Court proceedings are not "underway" there is a judgment in place so they are essentially over.

[car2403]

But Court proceedings are not "underway" there is a judgment in place so they are essentially over.

 

Exactly. The claim against the OP has been judged and they shouldn't be using debt collectors to harass him - any enforcement of the Judgment should be via the Court, not by other means that are outside of the Courts' process.

[Old Cogger]

The name on the letter says Aktiv Kapital and that Expurto will be collecting on their behalf! I'm now annoyed as I've put my N245 in asking for installments which has cost another £40 I needn't have spent

 

These accounts were bought by Aktiv but Experto still claim for Aktiv, this one surely has been purchased in error, let Aktiv know the details I would suggest incl case details? others will comment as well I am sure.

[Smoothound]

So basically it's now harassment? Whether its bought in error or not these companies should not be allowed to get away with so many "errors"

[Smoothound]

Apologies for bringing this thread back to life!

 

Having taken my CCJ on the chin in the end and the court accepting my payment offer which the solicitors initially refused I've been happily complying with it every month. This week I've received a letter from the solicitor which contains a personal financial statement form and a letter saying my instalments are due for review. The form is far more intrusive than the one from the court even down to bank account name number, car registration number etc. etc. Can they do this? Do I have to fill it in? My circumstances have not changed in the time since the court case if anything I'm worse off even more so if the base interest rate rises soon as is predicted

[Ganymede]

If the Court has set the instalment rate and you've stuck to it then file the solicitors letter under "B".

[Smoothound]

If the Court has set the instalment rate and you've stuck to it then file the solicitors letter under "B".

 

This was my first thought

 

I even wrote a letter to send pointing out that I had complied with the court ruling and the repayment set and would continue to do so. I then had second thoughts and was worried if I just ignored it or sent a letter they would see it as being obstructive and assume I could pay more but was trying to avoid doing so?

[Old Cogger]

tell them your circumstances have not changed except got a bit worse? albeit that you are sticking to THE COURT ORDER

[Bazooka Boo]

Agreed, seems this solicitor is trying it on and exploiting your lack of knowledge, I'd also be mindful of reporting them to the solicitors regulation authority too

for attempting to go against the orders of the court in a vain attempt at extorting more money.

 

I ruddy hate solicitors with a passion, absolute waste of time and money.

[Ganymede]

Agreed, seems this solicitor is trying it on and exploiting your lack of knowledge, I'd also be mindful of reporting them to the solicitors regulation authority too

for attempting to go against the orders of the court in a vain attempt at extorting more money.

 

I ruddy hate solicitors with a passion, absolute waste of time and money.

 

 

Waste of time. Only a client can complain to the SRA.

[Bazooka Boo]

Why thank you for your constructive advice, remind me to rattle your cage if ever I need to be miserable.

[DonkeyB]

Waste of time. Only a client can complain to the SRA.

 

It’s not a waste of time, and that’s not true.

 

Look up the background to the case of a certain Trevor Munn, solicitor, who worked for ARC – third party complaints led to a prosecution by the SRA.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?382140-Trevor-Munn-Solicitors-in-the-poo-with-ARC-(Europe)