Shanidev v Verde/MBNA-Prelim hearing help wanted.

[Dotty50]

You should be able to upload PDF files if you want to put them on here

[Shanidev]

I have a week to go to submit my fully particularised defence. Can I ask for more time, say another 14 days without costing me an arm and a leg and if so how.

[AndyOrch]

Simply phone the Sols acting and request an extension pursuant to CPR 15.5 of a further 28 days.Request written conformation and then inform CCBC along with their conformation.

 

Regards

 

Andy

[Shanidev]

Thanks Andy. I wish I had seen your reply earlier. Out of desperation I phoned County court and they asked me write a letter asking for another 14 days which the judge may or may not grant. I shall keep fingers crossed. I hand delivered the letter. Unfortunately the resident judge is jobsworth.

 

Simply phone the Sols acting and request an extension pursuant to CPR 15.5 of a further 28 days.Request written conformation and then inform CCBC along with their conformation.

 

Regards

 

Andy

[Shanidev]

I need help in submitting my particularised defence. First let me recap what has happened.

 

Held card since 2001... my financial problems started tail end of 2008... One day in April 2009 I received 'Default Notice!!' (default_notice_a - all that I ever received). Early in 2009 made offer of £1 (no response from MBNA). CCA request sent in May 2009.. no response... account placed in dispute... threatening letters continue, invite to call and discuss but when called wanted full payment or clear the arrears. I continued to pay £1 every month and have been doing it since. All went quiet until early this year except occasional pestering on the mobile with SMS (Special Offers) from Experto Credite (EC). I received court papers for Varde. We asked them to send us the following:

 

1. the agreement.

2. the dead of assignment

3. the default notice

4. the termination notice

5. Statement of account

 

I did not receive anything although at the preliminary hearing they claimed they had sent everything on 2 separate occasions. At this hearing, they produced the attached documents but kept then out of equation. This was the first time I was seeing the documents (attached herewith). the only 2 documents I had seen before were so called agreement and default_notice_a. They said the documents do not matter; I must acknowledge the debt as I had been paying £1/month into account. Agreement or what they call agreement I have uploaded previously (received from EC a while back).

 

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

 

No statement has yet been received from Varde.

 

I would appreciate if someone could look at the documents and help me prepare my particularised defence. Please ask me any questions on any points that I may have missed. Many Thanks.

Solicitors_letter.pdf

default_notice_b.pdf

default_notice_a.pdf

Assignment_exc.pdf

Assigned_mbna.pdf

Edited November 12, 2011 by Shanidev

[griffin036]

Is the default notice _b what has been recently sent, or is it the one sent in 2009? The one above seems to be asking for arrears - did the one sent in 2009 ask for the full amount?

[Shanidev]

Default_notice_a is dated April 2009 and Default_notice_b is dated Sept 2009. In _a they mention arrears and in _b they are asking for arrears to paid and stating balance.

 

The only one I received was Default_notice_a and Appn form along with T&Cs. All else they produced at the preliminary hearing but I had not received any of them. Up until this time I was not aware that a default notice had been issued. And to date I have not received any statements other than this one located here http://s844.photobucket.com/albums/ab4/My_Show/mbna_ec/

[Shanidev]

Any Kind soul out there who could kindly look as the docs and advise me!!!

[Shanidev]

This is now getting rather close. Out of desperation, I went to see legal advisor at CAB and it was disappoint ment usual. I had to explain what CCA was and they had no idea about particularised defence. Anyway, I still have to submit my defence. Can someone look through the stuff I posted a few days ago.

 

Thanks in advance.

[AndyOrch]

Did you request an extension Shanidev ? First DN is not a DN its a notice of arrears and intention to issue a DN.The rest look ok.

 

Regards

 

Andy

[Shanidev]

Thanks Andy. I spoke to the local Court Manager re extn for another 14 days and he asked me to write to court. I handed my letter of request on Friday just gone but so far hae not heard anything.

[AndyOrch]

http://www.consumeractiongroup.c o.uk/forum/showthread.php?120057-Cabot-Test-Case! Some info on Varde

 

Andy

[Shanidev]

Just been on that URL. Very interesting. In my case Varde solicitors have produced all docs except statements but ironically these documents either were not sent to me or they never reached me - all 5 of them out of 6 sent- mind boggles. The only relevant thing I received from MBNA was defailt_notice_a which was not really DN. EC sent what looked like appn form (Insist it is CCA) with T&Cs and Varde never communicated with me. Now they are saying you have been making payments so you acknowledge the debt and judge is saying Do you? If not what do I have to say. I don't know much about the law and cannot afford a solicitor that is if I can find one who can put up a good defence.

[Basil Fawlty]

http://www.consumeractiongroup.c o.uk/forum/showthread.php?120057-Cabot-Test-Case! Some info on Varde

 

Andy

 

Is it likely that Varde would have the same problems as Cabot and would be forced to discontinue any court actions?

 

BF

[Shanidev]

Hi Andy. Just spoken to the court. They said they cannot grand extension without an application and a fee (he reckoned it would be about £45) and I shall have to submit that and see. Is this the only way? now that I have contacted the court. If I have to pay, can I ask for longer extension?

[AndyOrch]

Is it likely that Varde would have the same problems as Cabot and would be forced to discontinue any court actions?

 

BF

I don't really know enough about them BF to say if there are jurisdiction issues

Hi Andy. Just spoken to the court. They said they cannot grand extension without an application and a fee (he reckoned it would be about £45) and I shall have to submit that and see. Is this the only way? now that I have contacted the court. If I have to pay, can I ask for longer extension?

 

See my post #78 you have left it a tad late in all honesty but any extension must be agreed with the claimant and confirmed in writing by them and then submitted to CCBC.If you did get an extra 28 days how would this assist, what would change they have furnished said documents?

Regards

Andy

[Shanidev]

That is very good question, Andy. My issue with them is how could these document not get to me if they say they posted them. Out of 6 pieces 5 did not get to me. (I am thinking of making a formal complaint to MBNA). Then the amount and whether they have a valid, enforceable agreement. I think I shall have to do a SAR. It probably is not worth asking for extension. Is there anyone I can talk to and get them to do a quick scan of what has been sent and help me prepare my defence statement!!

[AndyOrch]

I have looked at the docs disclosed but still unaware of what your defence is? Penalty charges, PPI , unfair interest, or just a general dispute with their

behavior in issuing the claim?

 

Andy

[Shanidev]

There was no PPI. Penalty charges, unfair interest and the way they have done it have cheesed me off. First of all, they did not send CCA in 2009 and although they invited me to phone and discuss but on the phone they only gave 2 options - pay arrears and make regular payments or pay off the whole amount. Plus, non receipts of docs; 5 out of 6 did not get to me. This is very suspicious.

 

MBNA did not tell me they were selling to Varde. There was no termination notice. MBNA continued to accept token payments for 2+ years after they had sold the account to Varde and never sent any statement or correspondence. Varde never communicated and EC's letter was never received. I cannot prove anything but must question the non-delivery or were they created for the court|| Then the agreement (enforceable or not) and DN (Is this valid). And, legality of Varde an Irish company pursuising debtors in the UK.

 

Oh, I nearly forgot the account with MBNA originally had a different A/C Number to the one Varde are claiming on.

Edited November 16, 2011 by Shanidev

[AndyOrch]

Ok so now you have the basis of your defence summarised concisely.Have a go at drafting it into a defence format and we can tweak it for final submission.

 

Andy

[Shanidev]

Thanks Andy. I have put together the defence (format based on an example posting in this forum) draft. This is Word 2003 format. Please let me know if you need it in a different format.

parti_defence.doc

[AndyOrch]

I would remove 9 & 10 and any case law reference, how about questioning the Claimants right to collect in the UK jurisdiction and having a valid credit license? I recognise most of the rest from my past defences:wink:

 

Andy

[Shanidev]

Removal is easy but I need your help in composing the second part. Any references or pointers!! I raised Varde's right to chase me in the UK when they were in Ireland with Northampton court. They said Varde are using UK based solicitors.

[Shanidev]

I have amended the defence as suggested by Andy. Added item 10 and would appreciated if someone can do a quick sanity check. And, I need assistance in composing the line Irish DCA's right to collect in the UK as suggested in reply #97

Edited November 18, 2011 by Shanidev

[Shanidev]

Well I have now completed writing the statements and would like a sanity check and tweaks before I am ready to submit. Getting close and getting nervous.

 

In particular in point 3) I mention A/C no. discrepancy - may be I should leave the A/C numbers bit out

Points 9, 10, 12 and 13 are my own style and I am not sure if that or what style is acceptable to court

In 14 I mention the need to do SAR to MBNA. Is this something that I need to say here to court? and if it's OK should I SAR MBNA or Varde?

 

Your comments and help as always much appreciated.

parti_defence_rev3.doc