Shanidev v Verde/MBNA-Prelim hearing help wanted.

[Old Cogger]

Vardi are able to have court access, as within E.U. - I am sure this was pointed out on here before, sure others will comment for you, good luck.!! as Andy points out in post above - remove the said paras i.e. item 13.?

Edited November 18, 2011 by Old Cogger

[AndyOrch]

They may be using a UK Solicitor but has the Claimant got a valid UK Credit License to enable collection? Hence the jurisdiction doubt ?

 

Andy

[Shanidev]

Hi Andy, Can you please do a read through and suggest any changes with respect to reply post #100.

 

Thanks in advance

[Mr-Pieman]

Varde no longer have a UK credit licences it's lapsed

 

Licence Number:0577595Licence Status:Lapsed on 13/11/2010

Current Applicant / Licensee:

Business Name Company Registration Number

Varde Investments (Ireland) Limited 401930

 

Categories:

Consumer credit

Consumer hire

Credit brokerage

Credit reference agency

Debt adjusting/counselling

Debt collecting

 

Right To Canvass Off Trade Premises:Yes

Issued Date: 13-Nov-2005

Legal Formation:

Body Corporate (incorporated outside UK)

 

Authorised To Receive Documents:

Name

Jason Spaeth

 

Current Individuals that run the organisation:

Name Position

Bernard Brady OFFICER

Jason Spaeth OFFICER

Werner Schwanberg OFFICER

 

Current Organisations that run the organisation:

Name Company Registration Number Position

Deutsche International Corporate Services (Ireland) Limited OFFICER

 

Nature of Business:

Investment/Financial Advisers

 

Current Address(es):

Address Type Address

Accept Notices/Documents Varde Partners Europe Limited, 4th Floor 14 Waterloo Place, London, SW1Y 4AR

Principal Place Of Business 77

Registered Office 77, Sir John Rd, Dublin, Ireland

 

Historic Address(es):

Address Type Address

Correspondence 4th Floor, 14 Waterloo Place, London, SW1Y 4AR

Correspondence Varde Partners Europe Limited, 4th Floor 14 Waterloo Road, London, SW1Y 4AR

Principal Place Of Business 4th Floor, 14 Waterloo Place, London, SW1Y 4AR

Principal Place Of Business 5, Harbourmaster Place, Dublin 1, ., Ireland

Principal Place Of Business Varde Partners Europe Limited, 4th Floor 14 Waterloo Place, London, SW1Y 4AR

Registered Office 4th Floor, 14 Waterloo Place, London, SW1Y 4AR

Registered Office 5, Harbourmaster Place, Dublin 1, Ireland

 

 

Shame That.

 

PM

[Old Cogger]

Varde no longer have a UK credit licences it's lapsed

 

Licence Number:0577595Licence Status:Lapsed on 13/11/2010

Current Applicant / Licensee:

Business Name Company Registration Number

Varde Investments (Ireland) Limited 401930

 

Categories:

Consumer credit

Consumer hire

Credit brokerage

Credit reference agency

Debt adjusting/counselling

Debt collecting

 

Right To Canvass Off Trade Premises:Yes

Issued Date: 13-Nov-2005

Legal Formation:

Body Corporate (incorporated outside UK)

 

Authorised To Receive Documents:

Name

Jason Spaeth

 

Current Individuals that run the organisation:

Name Position

Bernard Brady OFFICER

Jason Spaeth OFFICER

Werner Schwanberg OFFICER

 

Current Organisations that run the organisation:

Name Company Registration Number Position

Deutsche International Corporate Services (Ireland) Limited OFFICER

 

Nature of Business:

Investment/Financial Advisers

 

Current Address(es):

Address Type Address

Accept Notices/Documents Varde Partners Europe Limited, 4th Floor 14 Waterloo Place, London, SW1Y 4AR

Principal Place Of Business 77

Registered Office 77, Sir John Rd, Dublin, Ireland

 

Historic Address(es):

Address Type Address

Correspondence 4th Floor, 14 Waterloo Place, London, SW1Y 4AR

Correspondence Varde Partners Europe Limited, 4th Floor 14 Waterloo Road, London, SW1Y 4AR

Principal Place Of Business 4th Floor, 14 Waterloo Place, London, SW1Y 4AR

Principal Place Of Business 5, Harbourmaster Place, Dublin 1, ., Ireland

Principal Place Of Business Varde Partners Europe Limited, 4th Floor 14 Waterloo Place, London, SW1Y 4AR

Registered Office 4th Floor, 14 Waterloo Place, London, SW1Y 4AR

Registered Office 5, Harbourmaster Place, Dublin 1, Ireland

 

 

Shame That.

 

PM

 

Oh!!!!!!!ah?

 

yet there are cases on the web at court???

[Mr-Pieman]

Odd they still have one

 

 

Application / Licence Details

Licence Number:0643780Licence Status:Current

Current Applicant / Licensee:

Business Name Company Registration Number

Varde Investments (ireland) Ltd 401930

 

Categories:

Consumer credit

 

Right To Canvass Off Trade Premises:No

Issued Date: 22-Jun-2011 Date Maintenance Payment Due: 21-Jun-2016

Legal Formation:

Body Corporate (incorporated outside UK)

 

Current Individuals that run the organisation:

Name Position

Brian Brady

Christian Currivan

Krzyhsztof Drozd

 

Current Organisations that run the organisation:

Name Company Registration Number Position

Matsack Trust Limited 30090

 

Current Address(es):

Address Type Address

Accept Notices/Documents .

Principal Place Of Business Fitzwilliam Business Centre Suite 316, 77, Sir John Pogersons Quay, Dublin 2, ., Ireland.

Registered Office Fitzwilliam Business Centre Suite 316, 77, Sir John Progerson's Quay, Dublin 2, ., Ireland.

 

 

But only consumer credit

 

PM

[Shanidev]

So, they can handle credit card debt but not collect it. Hence they do it through UK based DCA and solicitors.

[Shanidev]

System gave an error and asked me to resubmit in 15 secs. I did and ended with duplicate posting

[Mr-Pieman]

I don't think they can the OFT licensing is very strict.

 

I may be grasping at straws but Varde don't issue credit cards. They have debts assigned to them. Surely by Varde going to a bunch of solicitors to enforce a debt is classed as debt collection.

 

They have a class A license I reckon they need a G

 

Category G

Debt administration

 

From October 2008, if you want to carry out activities (other

than debt collection) relating to consumer credit or consumer

hire agreements on behalf of another person who is the creditor, including someone to whom the agreement has been assigned

(in the case of consumer credit), or owner (in the case of consumer hire) you will need to apply for Category G.

Please note:

• You will not need this category if you are acting in your own interest, for example administering loans made by you that

have not been assigned by a third party.

• You can exercise and enforce the rights of the creditor or

owner of the consumer credit or consumer hire agreement under this category, as long as you are not doing anything

which may amount to debt collecting. This means that in

order to take steps to enforce agreements and secure

payments on behalf of another person you will need Category F, debt collecting.

 

Basically Varde are debt administering they bought them supposedly, they don't issue credit cards they buy debst and collect on them. Obtaining payment through CC is considered enforcement, if they get one they are committing an offence in my opinion.

 

There is a similar thread running to yours at the moment

 

I will pop a link soon I can post links.

 

PM

[Mr-Pieman]

Link as promised

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?267605-Varde-Brachers-have-filed-a-claim-with-the-county-court/page13&highlight=varde

 

At the end of the day solicitors put forward their clients case.

 

PM

[Shanidev]

This is getting rather urgent now. I have to submit this before day-end today. Can someone please read through my defence statements in reply post #100 at url http://www.consumeractiongroup.co.uk/forum/showthread.php?291560-Shanidev-v-Verde-MBNA-Prelim-hearing-help-wanted./page5. Original files are in reply post #80.

 

Much appreciated.

[Old Cogger]

Bump

[AndyOrch]

Hi Shanidev

 

On point 13 just expand a tad more relating to Mr Ps post re credit license and start point 13 on " I understand or it is averred then the owness is on them to prove otherwise.

 

Regards

 

Andy

[Shanidev]

Thanks Andy for that suggestion. Question on point 3, should I mention the account number being different at the time to the one that claim is made on (don't remember the original, could look up). At some point MBNA changed the account number and EC used another number originally to write to me. And, I take it that it's OK to include 9, 10 and 12.

 

Also, do I need to submit Draft Order Directions and if so what do I need to say there?

Edited November 21, 2011 by Shanidev

[AndyOrch]

[ATTACH]31625[/ATTACH] No you dont submit directions with a defence that comes at AQ.I have amended the defence slightly not the credit licence part.You will need to add that.

 

Andy

[Shanidev]

But, Andy I have been making £1 /month on this account

[AndyOrch]

But, Andy I have been making £1 /month on this account

 

 

And???? Doesn't prove any admittance, you may have been harassed so much you was forced to make payment as you really couldn't remember enough of any old alleged debt.

 

 

If you are submitting today you really should be getting ready now, clock is ticking, not time to question your intentions or defence.IMHO.

 

Andy

[Shanidev]

The case has now been allocated to Fasttrack and received the attached. I need help and guidance as to what to do next.

ftstrk_varde1.pdf

Edited December 29, 2011 by Shanidev

[Shanidev]

This is now getting urgent - Please guys give me some ideas.. help me with the disclosure document and statements please.

[AndyOrch]

Dealing with a Fast Track Application Page 4 Shanidev. Same stage same scenario.

 

Andy

[Shanidev]

Thanks Andy for the quick response. I am nervous as usual... lost some time due to bereavement. I spoke to financial ombudsman and they suggested making a formal complaint to MBNA. Also, I think I should request an SAR to see what had gone on. Then there is the question of varde's license (I read somewhere that it expired in 2010 and was not renewed until 6 months into 2011). Then there is CCA which is really an application form. varde never communicated anyway. Any other suggestions? Also the form that the post refers to is High Court but my case is in County Court. Do I have to fill a form and if so where can I get it from. shame the court letter does not give nay pointers. I know I going to be struggling with this.

[AndyOrch]

Also the form that the post refers to is High Court but my case is in County Court. Do I have to fill a form and if so where can I get it from. shame the court letter does not give nay pointers. I know I going to be struggling with this.

 

You get it here : - http://www.oup.com/uk/orc/bin/978019..._n265_ch17.pdf Its for all courts, you must complete and follow the dates you have uploaded

failure to respond or follow the timetable will have severe penalties like eg. your defence being struck out.

 

Andy

[Shanidev]

I am lost mode. What disclosure documents should I send - party are to send each other disclosure documents along with discolosure statement. And, what defence can I put. Any SAR templates for Credit Card Companiies??

[AndyOrch]

I am lost mode. What disclosure documents should I send If you have nothing to disclose (which i doubt you will have much) leave the N265 blank just sign it- party are to send each other disclosure documents along with disclosure statement.Tells you the date in your Allocation Notice date of exchange And, what defence can I put.You have already submitted your defence Any SAR templates for Credit Card Companiies??

Why would you want to DSAR?

Shani if you are struggling with this relative easy part of the process ( I have posted links to threads to explain) then you really are going to struggle when this kicks into 5th gear.I would advise you to contact the Claimant and try to negotiate a settlement offer.You may get slaughtered with costs if this proceeds to trial.

Regards

Andy

 

[Shanidev]

Thanks Andy for hammering me. I really need to get to grips with this. I really needed a thump.