Varde & old MBNA card Debt - scotland

[tigercub]

Think I will concentrate in the most important part first which is sorting out the current court case - Paperwork has been today sent Special Delivery so should get there tomorrow or at the very latest Monday. I will keep everyone posted on the next stage in the saga

 

Thanks again for everyones help - now it's in the hands of the courts................... ;-)

[Capricorn1601]

Good Luck Tigercub.

[tigercub]

Cheers Capricorn1661

 

MandM thanks for your message the other day tried to reply however your inbox is full: Paperwork all sent Friday so will keep everyone informed of how I get on.....

 

Fingers crossed all the hard work that has gone into this over the last 2 years is going to come to a climax soon ;-)

[MandM]

Cheers Capricorn1661

 

MandM thanks for your message the other day tried to reply however your inbox is full: Paperwork all sent Friday so will keep everyone informed of how I get on.....

 

Fingers crossed all the hard work that has gone into this over the last 2 years is going to come to a climax soon ;-)

 

Cleared some space now ooopps. I keep forgetting that bit.

 

M

[tigercub]

Quick update for you:

 

Received a letter from HMCS (Her Majesty’s Court Service) on Saturday morning with regards to my defence sent to them last week it reads as follows:

 

I acknowledge receipt of your defence. A copy is being served on the claimant (Or the claimants solicitor) The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

 

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

 

So the countdown has begun lets see what happens from here – Fingers crossed people ;-)

[nks22]

Good luck!

[GeoffreyAlby]

If you are in Scotland, does this case have any jurisdiction from the Northampton Court ?

[tigercub]

None what so ever! 1st part of my defence see few posts back:

 

1. Jurisdiction
   

Denied that this court has jurisdiction. The defendant resides at ************ * SCOTLAND, This is his principal or main home and the defendant has domiciled here for the purpose of section 41 of the Civil Jurisdiction & Judgments Act 1982 ('the 1982 Act'). The defendant entered into a contractual agreement with the original creditor as a consumer. Paragraph 3(4) to schedule 8 of the 1982 Act provides as follows: "(4) Proceedings may be brought against a consumer by the other party to the contract only in the courts for the place where the consumer is domiciled or any court having jurisdiction under rule 2(i)". Rule 2(i) concerns moveable property which has been arrested and is not applicable. Paragraph 3(6) does not apply. Accordingly, this action is incompetent for want of jurisdiction and should be dismissed with expenses in favour of the defendant. The defendant formally requests that the case be struck out due to lack of jurisdiction.

[GeoffreyAlby]

I would imagine the case will just get stayed.....

[tigercub]

The phone calls over the last few days have been ramped up by Experto - my belief is that they thought by taking this to court and issuing papers to me that I may pay up however as I have nothing to give or even offer then that option is null and void and there attempt at a final scare tactic has failed miserably with them looking like idiots so we will wait and see what happens over the next few weeks anyway.......................

[GeoffreyAlby]

You are right.... why would they be calling you? Stand your ground.....They just trying to pull a fast one....

[tigercub]

I will keep you all posted ;-) Fingers crossed folks......

[seriously fed up]

Just a thought by someone who knows nothing much at all about procedure in England, is it worth a phone call to see if its possible to have the case declared incompetent - which is a Scottish concept so wrong word - as given the Civil Jurisdiction etc Act the court from which you have been served the papers, lacks jurisdiction ( ie it not only has no right to hear it, but the Act seems to me to make clear that the court is being specifically told that the case has to be heard elsewhere and its not in England). The answer might well be that it has to go through the normal process, but it might be worth asking the question on the off chance. Perhaps a special motion to the court - just to short circuit things?

[tigercub]

Thanks Seriously fed up.....

 

Anybody have any thoughts? - I have been away all week and have not had any word from Experto on the court case so time is ticking for them to do something within there 28 day limit as given by the court.........

[GeoffreyAlby]

Thanks Seriously fed up.....

 

Anybody have any thoughts? - I have been away all week and have not had any word from Experto on the court case so time is ticking for them to do something within there 28 day limit as given by the court.........

 

 

When is the 28 days up? Sounds like they will let it stay. They tried it on in the vain hope you would get scared and pay the unenforceable debt.

[tigercub]

The letter from the court was dated 31st January so I would have thouught by the time they send the defence to Experto then 1st week in March should see it all put to bed (Fingers crossed)

[yoyoscot]

I personally wouldn't count on deadlines set by the court at all ...in my experience deadlines can drift on and on as long as the court is being given information (true or otherwise) about the need for continuation.

[tigercub]

yoyoscot Thanks for the update - I have had absolutely no word from either the court or Experto in the last two weeks so I suppose only time will tell - Not holding my breath though ;-)

[tigercub]

Update - I have just come back from a few days working away to find three calls from Experto Credite, no doubt there will be an interesting letter in the post winging it's way to me as we speak........... We will then see what they have to say for themselves..............

[Capricorn1601]

Maybe they want to ask your advise on how to complete their counter argument

[tigercub]

LOL I was thinking that myself - maybe want to offer me a job in there legal department ;-)

[tigercub]

Quick - Update - I have heard nothing from either Varde, Experto, MBNA or the Court as yet...................... The 28 days for Varde to take this to court has expired almost a week ago........

 

I will keep you posted if I here anything at all ;-)

[Capricorn1601]

fingers crossed for you Tigercub

[tigercub]

I have great pleasure in stating that I have today received word back from Court and the correspondence reads as follows:

 

“ I am writing to confirm that the above case was stayed on 7th March 2011. As such no further action can be taken without the claimant making a formal application to lift the stay”

 

Yours Faithfully

Her Majesty’s court service

 

I think we can count this as a SUCCESS ;-) :-D:-D:-D:-D

[seriously fed up]

that's good - pleased for you. My only regrest is that they didnt push this the whole way and lose - because then you could have asked for your costs and really stuck it to them.