MBNA/Varde Investments Limited/HL Legal

[Vampyra]

He says they are different accounts that he applied for separately as the other account has a small balance on it.

 

I see what you mean but at the end of the day its an application form and not a credit agreement.

[AndyOrch]

Just wait until (if) the AQ arrives Vamp there is no use worrying or planning until you know this is proceeding.

 

Regards

 

Andy

[Vampyra]

Thanks Andy

[Vampyra]

Hi all. Well As my friend had not heard from HL Legal, we just assumed there was no further action.

 

Having spoken to Northampton, a Stay was put on this case but apparently the court made a mistake thinking Varde/HL Legal hadn't replied within the 28 days, but unfortunately they could prove they had, so now the stay has been lifted and an allocation questionnaire has been sent. It arrive 2 days ago and needs returning by 13th April.

 

I am lost as to what to do for this for my friend so all help greatly appreciated. I also have been diagnosed with Hypothyroidism and find dealing with things at the moment extremely tiring and a bit confusing. Just started the tablets. So patience and plain English very much appreciated. Thanks.

[AndyOrch]

I assume that's the 13th May Vamp ?

 

Andy

[Vampyra]

I assume that's the 13th May Vamp ?

 

Andy

 

Yes sorry Andy lol

[AndyOrch]

The N149 is quite simple to complete (tick boxes)...agree to mediation the rest is self explanatory.You can not issue draft directions this being SCT ...small claims are very much directed by the DJ directions and case management.

 

Complete 3 copies (Court/Claimant/File)

 

Regards

 

Andy

[Vampyra]

Ok thank you. I may be back if I get confuzzled! lol

[Vampyra]

Update. Having discussed a few more personal issues regarding this case with Andy, I can report back that my friend took it upon himself to contact both the court and HL Legal yesterday. According to HL Legal they sent him a letter in February with an enclosed 91 pages of statements.

 

I don't know how this could have affected things. I feel worried this could have upset things somewhat. They are resending but will not arrive til after the form deadline.

 

Thank you for your kind help so far Andy, bit skint at the mo but will make another donation to CAG asap.

[Vampyra]

Sorry to trouble you all but the allocation questionnaire we have here is an N150 is that the same form?

[AndyOrch]

There are 2 AQs for claims pre April 2013...... N149 Small Claims Track (limit 5K) and the N150 Fast Track (over 5K)

[Vampyra]

Ah I see thank you.

 

Bit stuck on a couple of the filling in points but I am exhausted today. I will post up in the morning. They are simple but I just want to check. Will post in the morrow.

[Vampyra]

OK on Part A we have ticked YES to 1-3

 

Part B ticked YES and put local County Court address and reason being it is local.

 

Part C - Not sure what to tick and if NO for what reason. I think it's a YES.

 

Part D - Filled in the amount in dispute. Under Applications not sure what to tick or say. Under Witness gave friend's name and put ALL under Witness to which facts. I have no idea what to put for Experts as we have not got any - I guess 3 NO's? Track = Fast Track? I gather we just answer NO for disclosure of eDocuments?

 

Part E - No idea what to put.

 

Part F - Ticked YES as we want to attach Directions and will discuss further in a mo, but we have not agreed these with other party but they have been asked for.

 

Part G & H - I gather we ignore this bit?

 

Part I - I gather we just attach copies of any supporting evidence, Card Applications form, etc?

 

 

In a nutshell, HL Legal sent my friend an application form instead of a signed Credit Agreement. They did send a copy of the credit agreement which spanned about 3 pages and contained no signature. They sent a default notice and a letter from MBNA confirming Varde own the debt. Sorry can't remember the name as I have brain fog due to my Hypo today. Also the application was for a MasterCard and the account is a Visa. My friend had both a MasterCard Silver and Visa Silver which were subsequently updated to both Gold and finally Platinum. At this time his income was far in excess of now and he had far more disposable income.

 

To be honest I think they upgraded the cards without getting him to sign a new credit agreement each time - not that he signed one in the first place. I believe this is unlawful?

 

So, I need to write Directions for the lack of CA and also because since 1997 there has been a huge amount of PPI paid which he didn't ask for. Having just reclaimed nearly £8K on behalf of my boyfriend through PPI, I know what to look for. Can we question the PPI in the Directions?

 

Can I please have some advice as to the wording of the Directions and also if I need to add anything.

 

I am sorry I seem like a chocolate teapot today, but my mind will not compute properly.

Many thanks in advance.

[AndyOrch]

Thread merged back to the original claim .....please dont start new threads on the same matter Vamp.

 

Regards

 

Andy

[Vampyra]

Sorry Andy - I think I have found the particulars of claim on here to send but obviously this doesn't mention PPI. Think I have worked out the form filling now.

 

I am sorry I ask so many questions, I get worried about getting it right and not missing anything. I know I am a nuisance sometimes Andy, but your advice is greatly appreciated.

[AndyOrch]

" I think I have found the particulars of claim on here to send but obviously this doesn't mention PPI. Think I have worked out the form filling now. "

 

Apologies Vamp but I havent a clue what the above statement means or refers to?

 

Andy

[Vampyra]

Sorry Andy getting confused. These documents below - sorry can't seem to highlight any points but the one about small claims is at the bottom of the Section I document.

 

Draft Order for Directions

 

The Claimant shall within 14 days of service of this order file and serve the following:

o Copies of the Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon

o Default Notice compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended,

o Document, contract or deed of assignment

o Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.

o Copies of any statement or other document relied upon

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

The Defendant shall within 14 days thereafter file and serve the following

o An amended defence sufficiently particularised in response to the documents supplied by the claimant

 

 

And

 

 

N150 Allocation Questionnaire

 

 

 

Section I - other information

 

If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.

 

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

 

Without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case

 

The House of Lords in the case of: Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) made it clear in paragraph 29 of LORD NICHOLLS OF BIRKENHEAD judgment

 

29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give

notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and 63, section 127(4) precludes the court from making an enforcement order.

 

Its is respectfully requested this case be allocated to the small claims track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer

 

Therefore it stands to reason that this document must be disclosed before this case can progress any further.

[AndyOrch]

Just change it has stated the claim be allocated to Fast Track.

 

Take out this part:-

 

" The House of Lords in the case of: Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) made it clear in paragraph 29 of LORD NICHOLLS OF BIRKENHEAD judgment

 

29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give

notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and 63, section 127(4) precludes the court from making an enforcement order."

[Vampyra]

Thank you Andy. Off to post them now - you'll be glad to hear! LOL

[Vampyra]

UPDATE:

My friend says he got a loads of letters from HL Legal today claiming "Due to the commercially sensitive nature of the Deed of Assignment, this cannot be disclosed to you". Would this be correct?

 

My friend says still no sign of a Credit Agreement. Not personally seen all the paperwork but post any other information when I have seen it.

[AndyOrch]

Only a court can order the disclosure of the Deed of Assignment Vamp

[Vampyra]

Only a court can order the disclosure of the Deed of Assignment Vamp

 

OK thanks Andy.

[Vampyra]

Sorry, another question. Will the lack of a signed Credit Agreement with the prescribed terms be of any use now?

 

Also, as there seemed to be several different cards updated without credit agreements and they are showing an application for a Mastercard, (my friend had both a Mastercard and Visa), and the debt appears to be on a Visa card, isn't there a lot of ambiguity over the entire thing?

 

Lastly, does my friend need to SAR MBNA at this stage or are we too far down the line?

Thanks.

[Vampyra]

Ok my friend has received a letter from Northampton CC saying he has a "stay" til 14th June 2013. Any advice as to what happens now? Does my friend need to do anything? Still no signed credit agreement.

[AndyOrch]

Try to mediate during the stayed period and if that fails research and sharpen your defence in case it proceeds.

 

Andy