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MBNA/Varde Investments Limited/HL Legal


Vampyra
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  • 3 weeks later...
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Sorry I have been very unwell recently so have only just got online.

 

HL Legal have sent loads of paperwork but again no Credit Agreement.

 

I have drafted a letter but do not know how to legally say that I cannot see it is within their interests to risk going to court without a CCA. Maybe someone can advise please?

 

Thank you for your disclosure documents which I have received. I am particularly concerned about one document which remains missing.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of a true and properly executed credit agreement on request. I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of a true and properly executed agreement under these sections of the Act.

Unfortunately, what you have so far provided is an Application Form for a Mastercard and not a Visa card which the disputed account pertains to. An Application Form is not a true and properly executed credit agreement.

 

All advice regarding this would be greatfully appreciated.

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Sorry I have been very unwell recently so have only just got online.

 

HL Legal have sent loads of paperwork but again no Credit Agreement.

 

I have drafted a letter but do not know how to legally say that I cannot see it is within their interests to risk going to court without a CCA. Maybe someone can advise please?

 

Thank you for your disclosure documents which I have received. I am particularly concerned about one document which remains missing.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of a true and properly executed credit agreement on request. I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of a true and properly executed agreement under these sections of the Act.

Unfortunately, what you have so far provided is an Application Form for a Mastercard and not a Visa card which the disputed account pertains to. An Application Form is not a true and properly executed credit agreement.

 

All advice regarding this would be greatfully appreciated.

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Can someone please help? This letter has to be with them by Friday this week and I am completely out of my depth here.

 

We have repeatedly asked for through Credit Agreement and been sent an Application Form.

 

I don't even know if I send this to the court as well.

 

Thanks in advance.

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Well I am just going to get my friend to phone HL and then discuss the lack of CA and then see what they say then follow it up with a special delivery letter.

 

Gonna try this as I have no idea what else to do. Thank you for your help.

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Ok Vamp

 

Is the above letter an attempt at mediation?

 

Andy

We could do with some help from you.

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Sorry Andy been getting to my friend's house.

 

Yes, I want to speak to them with the intention of making them aware that IF a judge DID say that the CA didn't matter and made it enforcable, then we will be persuing PPI on the account which started all those years ago. Thus, whatever they collect may be more than negated by the PPI claim.

 

I hope that sounds clear.

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I rang on my friend's behalf. as soon as i mentioned the application form, the person tried to say the application form said it was a credit agreement and as soon as I said it was not a CA as it did not contain the prescribed terms as per the CCA 1974, the person immediately asked me to put this in writing so it can be sent to their client for the client to decide the next course of action.

 

I am going to email HL as a follow up to the conversation. Plus I am going to put a hard copy in the post as the person said they were on annual leave for a week.

 

Let's just see how it goes.

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  • 4 months later...

Just an update and a couple of questions.

 

My friend went to court - HL never responded to the request for the credit agreement. There was mediation and I was helping to present my friend's case.

 

To cut a long story short, the judge refused to accept that something which clearly said Application Form was anything other than a full credit agreement. Even when I pointed out prescribed terms had to be on the signed page to make the agreement legal and binding, he refused this. I quoted the correct sections of law but he wasn't going to accept it. Unfortunately he them turned to my friend and said "Be honest now, you spent the money didn't you?" and my friend said "Yes". Our whole case was shot out of the water. However, my friend has currently got an appeal going through for his Employment and Support Allowance which wont be heard til next year, so he has no income and without going into too many details, the house he should own and was left to him by his father is caught in a wrangle he cant afford to fight as his father's solicitor won't complete probate and sign the deeds of the house into his name. The judge wants to put a stay on the house so the money is repaid when sold. The judge is aware of the situation. We also said and the judge agreed to persue PPI on this claim.

 

HL Legal sent a letter re costs 25 days after the preliminary hearing. My friend has had no paperwork from the court so even though I was there I am not exactly sure what is to happen. The judge mentioned something about November but I honestly got lost. The judge did say he didn't, under the circumstances want the costs to spiral. My friends got a letter 3 days ago requesting £412.50 counsel fees, £530 court fees and £120 for their agent at the preliminary hearing. Total £1062.50p

 

The letter asks my friend to sign saying he agrees to pay these fees within 14 days, however, if they get no response within this time, it will be referred back to the judge to consider. Should my friend allow this or should he agree to the costs? Are they reasonable?

 

I think I know the answer but said I would ask anyway; my friend's family overseas said they could possibly send over half the owing money. Is it too late to broker a deal at this stage?

 

Any other advice you can give would be gratefully received.

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So did HL get their judgment...I cant determine from the above ? Too much information with regards to other matters...are they connected to the HL claim.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Sorry mind all over the place.

 

As far as I am aware the judge awarded them the case. He was saying something about November and I think this may have referred to when judgement was to be entered. He discussed this with the other side in legal terms and we didn't understand and he wrapped the hearing up very quickly.

 

The costs refer to this preliminary hearing.

 

No the house issue was only raised because the judge asked my friend if he owned his own home. It seemed the judge wanted to put a charging order on it and due to these issues couldn't.

 

I know you have said it before, my friend doesn't help himself, but I have no idea what he should do regarding accepting the costs and approaching HL to broker a deal.

 

Sorry my first post wasn't very clear.

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He just wasn't having it Mike. I even showed him a credit agreement I have for my car insurance showing the prescribed terms and said the Application Form didn't show these and legally had to. He ran along at such a pace too trying to get it wrapped up.

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Ok its a little clearer

 

This preliminary hearing what was this for?

We could do with some help from you.

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I honestly don't know.

 

We asked for mediation.

 

This was a Preliminary Hearing.

 

We filled in all the forms you told me to and in the way you advised. We put in the local court we wanted to go to and my friend got his letter from Northampton CC saying it had been moved to another court. It was near but not the one requested. My friend heard nothing more. We attended and I thought this was mediation, but now you have questioned it, I'm not sure. What does it sound like to you?

Edited by Vampyra
Forgetfulmess
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" What does it sound like to you? "

 

I havent the foggiest but if he has held over the decision on the charging order then I assume that was the trial...he has signified judgment but wont firm it until his house problems are sorted.

 

So back to your initial question and costs then assuming we are correct above that's their total costs for the whole claim not just a " preliminary hearing "

 

The claim was Fast Track so the costs reflect the standard costs and pretty much the going rate.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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These cost refer to the Preliminary Hearing, nothing else.

 

I am sorry Andy. I stupidly thought when we asked for mediation we would get it.

 

I should also point out when I asked HL Legal over email and via telephone for their client to provide the CA they said they would ask their client but never had any written reply to that.

 

Can this have been a full hearing without us being aware of it? The judge didn't explain this when the meeting started.

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You cant claim costs for a prem hearing only for an hearing on application...strike out...summary judgment......

 

So its costs in the case.

 

Yes as I have already stated that was the trial ...finished.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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OK thanks for all your help Andy. It really has been appreciated.

 

I tried but I had no idea what I was getting into really as you know. I have spoken to my friend and the letter he had was to attend a Preliminary Hearing, so I don't understand why the judge wasn't clear in explaining about the judgement. Anyhow, I did my best.

 

Feel rather deflated that this went out of our hands at the end to be honest. I knew it was a long shot for my friend but...

 

 

So, when would we expect to hear from the Court? And will my friend get notification of a CCJ? Or any time to pay? He may be able to get help with the full amount but it's not a given.

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You refer to a date November when the DJ will confirm judgment details....you will receive a General Order N24 it will give details of the debt ...costs and if a charging order is applicable.

So no he does not sign the letter to the sols re 14 days ...let them refer it back to the court and let them wait until judgment is granted.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Thanks Andy will tell him.

 

I'll let you know when I hear and what it says just to come full circle on the thread.

 

I'm actually crying here. Release of the stress I guess and it isn't even mine lol

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Dont get upset Vamp these things happen....and there are far more important things in life worth getting upset over rather than debt.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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