Shanidev v Verde/MBNA-Prelim hearing help wanted.

[speaks the truth]

yes i have read this thoroughly and Shanidev does not make clear if payments were offered to the company. yes payments were offered to mbna but they no longer have the acount according to this.

[Dotty50]

Post 1 - Token payments offered

 

Post 29 - Still maintaining token payments!

 

MBNA do whatever they like, irrespective of peoples circumstances, they bully and harass and try to scare people into paying what they cannot afford.

 

Hence them recently being reprimanded by the FSA!

[rev.ian]

speaks the truth DCA?

[Shanidev]

Thanks everyone for helping me and thanks debbbbsy for composing my defence statement. BTW, your inbox is too full.

[Dotty50]

Made some space now

[Shanidev]

Hello again. I sent letters as suggested to Varde, their solicitors and court forms/letter etc to court. Month passed and none came back with docs. Court sent me letter to say the case had closed as other side has not come with docs. Nothing was heard after that and now I have received Allocation Questionnaire and need help filling it. Not sure what it is and what happens next. Still scanning.

[Shanidev]

Sorry for the delay. I had challenging time anonamising it. Here is the link to Allocation Questionnaire.

 

http://s844.photobucket.com/albums/ab4/My_Show/Varde/

 

I would appreciate all your help. Just to recap - they never produced CCA, deed of assignment, default notice, termination notice or statement of account

 

Thanks in advance, Shanidev

[Shanidev]

Anybody out there!!

[AndyOrch]

Read here before you complete that AQ :- MBNA Claim form recieved.... advice required.

 

Varde are in Ireland.

 

Andy

[Libertejustice]

this pdf will tell you everything about Varde

Christian Currivan is Director of Varde Investments

varde.pdf

[Shanidev]

Varde Investments who it seems are handling MBNA debt have decided to go to court. I have preliminary hearing date next week. I have no idea what happens at one of these hearings. Would appreciate any help as to what to say and what to take with me. Neither MBNA nor Varde have provided any docs like agreement or CCA etc.

 

Thanks in advance.

[MARTIN3030]

What are they asking for on the claim form ?

Has there been any previous proceedings ?

Are you saying that they did not give warning or follow pre action protocols before this action ?

[Shanidev]

They are asking for the whole amount plus interest and fees; just over £11K. One day I received notice from Northampton bulk Centre. We asked for documents like CCA, deed of assignment etc which they have not produced. Then months later, I received Allocation Questionnaire from local court and now this. There have been no previous proceedings.

[MARTIN3030]

Is this related to your thread here ?

Best to keep things in one place,would be better to have this post there and thread title changed.

[MARTIN3030]

A preliminary hearing may be called if the judge wants to discuss issues

with you before the full hearing. You must attend the preliminary hearing or let

the court know if the date is inconvenient and apply to the judge for another

date to be set. You may have to pay a fee for this if you have not indicated on

the allocation questionnaire that you would be unavailable on this date. It is

possible for the judge to make a decision on the case at the preliminary

hearing. You should therefore take along any written evidence that you have,

but you should not bring your witnesses to court unless the judge has given

permission for this.

 

In some cases the judge may decide that there is no need for a full hearing,

and that the claim can be dealt with on written evidence only. If the judge

decides this in your case you will be sent form N159, Notice of Allocation to

Small Claims Track (No Hearing). However, if either party raises objections,

your claim will proceed to a full hearing.

 

You must keep to any time limits you are given by the court or your case

may be dismissed (struck out).

[MARTIN3030]

ok will merge this with your other thread retitle and move to legal forum

[Shanidev]

Did start thread of this long time ago but I thought I shall ask a quick question here to keep things simple and I don't know how to go about changing the title.

[MARTIN3030]

ok sorted.

It greatly assists people helping if they can see the background to whats gone on.

[Shanidev]

Thanks for doing that. They have not provided CCA. Can they still take me to court?

[MARTIN3030]

Of course they can.

You can bring this up at the prelim,it would have been a good idea if you had filed draft directions for disclosure of these at allocation stage.

[Shanidev]

We did. Asked for all documents relied upon.

[MARTIN3030]

Good.

You just need to be careful.

We have seen many Judges who have taken the view that debtors or alleged debtors have sought to frustrate proceedings by raising non compliance issues in respect of original agreements -it is still a grey area and hit and miss depending on the Judge.

[Shanidev]

Prelim mhearing came and went. I had not received any documents at all but their solicitor produced covering letter for the docs sent. Not that judge was worried about any of this. Their solicitor said I am deemed to have acknowledged the debt because I was making nominal payments despite the fact that the account was in serious dispute. Long and the short of it is that I have been asked to submit 'particularised' defence or the other side will get judgement in their favour by default. Interestingly MBNA continued to accept payments even after selling the debt. I need help and guidance.

[Shanidev]

I need someone to look through the docs. Have them in 'pdf' format. Photobucket only takes pictures. Is there any other repository where I can place 'pdf' docs?

 

Thanks.

[Shanidev]

Deadline approaching fast. All help gratefully received.

Edited November 10, 2011 by Shanidev
Last post got posted twice because system said first was unsuccessful