Need help - locks v varde investments

[locks]

Hi all,

need some help as have now got to the court stage. The story goes as follows: the end of 2008 and beginning of 2009 suffered real financial hardships due to being self employed, business nearly went under so in February 2009 stopped paying my credit cards which is 3 in number. One company was understanding, 2 were not, MBNA being the worst.

 

Reading around and getting advice from this forum I sent off CCA requests and got them back with no prescribed terms. The MBNA account which is what I am concentrating on here then sold the account to Varde/Experto in the October of 2009, I SAR requested MBNA and got all of this back, including Comms log and now have in my possession when this was sold which was October 2009 - no default notice was ever issued to me until January 2010! I had the usual like many people on here of letter "ping pong" with Experto.

 

I accepted by letter, MBNA's unlawful rescission in February 2010, I sent a letter to Experto to this affect which was totally ignored by them and then received the usual threatening letters and phone calls (which does not bother me in the slightest as I am more than capable of handling this).

 

This has now been taken to the court stage and I received the claim form on Thursday of this week, issue date 19/09/2011 - I acknowledged this on-line the same day as receiving it that I intend to defend.

 

Particulars of claim

"The claimant is the Assignee of a debt(s) from MBNA Europe Bank Limited. Notice of the Assignment was provided to the Defendant by the Claimant in writing. Despite demand for payment the assigned debt(s) remains due. The Claimant complied with Section III and IV and Annex B of the PD Pre-Action Conduct.

And the Claimant Claims:

Credit Card Account number: xxxxxxxxxxxxxxxx

balance of £xxxxxxxx as of 30/9/2009. Interest under s69 of the County Court Act 1984 at the rate of 8% a year from the Default Date(s) 19/9/11 of 173.10 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 3.25 AND Costs."

 

I would really appreciate any help or advice how to defend this, I personally am of the opinion that I was never given a default notice before this debt was sold so this should be my defence.

 

Regards and thank you

Locks

[AndyOrch]

The Claimant does not refer to a DN in its PoC is there anything else to base a defence on?

 

Regards

 

Andy

[locks]

Not sure, what should I be looking for?

 

Locks

[alternative-answer]

You had a contract with the lender, credit card company, (I use the word contract loosely!) You do not have a contract with a DCA. Look up legal v lawful, natural human v legal fiction PERSON and you will find what you need to put the brakes on this. DCA have no authority in your affairs unless you grant them authority, you can remove this at any time. They are 3rd party interlopers who have no first hand information.

[AndyOrch]

Disputes, penalty charges have you sent a CPR and CCA request to clarify they have the correct paperwork?

 

Andy

[locks]

I might be being thick here, but how can the debt be sold by MBNA when no default notice was issued until 3 months after it was sold

 

locks

[AndyOrch]

They dont have to issue a DN before an assignment, hence the reason they sold it probably,

I thought you said no DN had been issued? Or did you mean MBNA hadn't but the assignee had?

 

Andy

[locks]

No DN was issued until 3 months after it had been sold by MBNA and this was issued by MBNA themselves after they had sold it.

 

Locks

[AndyOrch]

How do you know they issued one , have you received it?

 

Andy

[locks]

How do you know they issued one , have you received it?

 

Andy

 

 

Yes from MBNA in January 2010 sold by them October 2009.

 

Locks

[locks]

Sorry to add sent 25th January 2010 remedy date 12th February 2010. How can this be sent out when they do not own it anymore?.

 

Locks

[Dotty50]

Subbing.

 

This could be an interesting one!

 

See you have Andy on the case, he has given great assistance to others.

[locks]

Hi All

 

Some more info: - looking though my paper work I have found a few discrepancies - my NoA(s) one from Experto saying they are agents acting for Varde and another one from MBNA saying it was sold to Experto - this contradicts who owns the debt - any thoughts on this please.

 

Also, all paperwork I have had from MBNA has had my correct account number, all paperwork from Experto has a different number which they corrected several months down the line, but my NoA from MBNA on MBNA headed paper had the wrong number and 10 days earlier I had correspondence from MBNA with correct account number. This tells me that this has been this was not sent out by MBNA and yet it was on their headed paper and "signed" by MBNA - any thoughts on this one?

 

I am just wondering, because of the assisgnment is mentioned in the POC, could I defend on this?

 

Regards

Locks

[locks]

sorry to bump

[AndyOrch]

If the DN was issued after assignment then that could be a genuine error from automated software and easily refuted and corrected by the the Claimant

you need to discover if this assignment is equatable or financial or is the assignment lawful and valid.

 

Andy

[whymehfor]

Also check the comms log for the "wrong" account number. With me they charged off the account and put the balance into a new "legal" account. Then issued a DN using the old account number which at that time had zero balance!!!

[Shanidev]

Hi Andy, I have ironically same scene as well. Can you please explain the following in your statement or point me in the right direction.

 

"if this assignment is equatable or financial or is the assignment lawful and valid." - re. your note #15

[AndyOrch]

Hi Shanidev, in response:-

 

Legal and equitable assignment

 

The Law of Property Act creates the ability to legally assign a debt or any other chose in action where the debtor, trustee or other relevant person is notified in writing. If the assignment complied with the formalities in the Act it is a legal assignment, otherwise it will be an equitable assignment.

Some transfers can only take effect as an equitable assignment, for example:

an oral assignment;

 

an assignment by way of charge;

an assignment of only part of the chosen in action;

an assignment of which notice has not been given to the debtor;

an agreement to assign.

 

If the assignment is equitable rather than legal, the assignor cannot enforce the assigned property in its own name and to do so must join the assignee in any action. This is designed to protect the debtor from later proceedings brought by the assignor or another assignee from enforcing the action without notice of the earlier assignment.

 

Regards

 

Andy