Varde/Brachers claimform - MBNA card

[Dotty50]

 

What would you say their game plan is?

 

Shouldn't think they have one TBH, just hoping another few threatening letters will make some people cough up!

[Smoothound]

I'll scan and post the letter later but as the account is still in dispute regarding PPI with the FOS and MBNA they are wasting their time. Doubly so as the account was sold on before the DN had expired. Experto know all this and still they've passed it on for crying out loud!!!

[ltc1607]

I am in same situation as you account sold before expiry of DN but have been told they are allowed to do this.

[Dotty50]

I am in same situation as you account sold before expiry of DN but have been told they are allowed to do this.

 

Who has told you that ltc?

 

I've not seen that mentioned anywhere that I can think of, although I don't spend as much time on here as I used to and IMO these companies play by their own rules anyway!

 

They can get away with it because the regulatory bodies are so inundated with complaints that nothing is likely to happen for months, if at all

[ltc1607]

Hi I was told this by Experto and it was confirmed on here in my thread http://www.consumeractiongroup.co.uk/forum/showthread.php?320311-Default-Notice

[Bazooka Boo]

I think that people are still trying to use paperwork arguments as a defence, and TBH this is no longer the case, Judges just don't want to hear it, with recent rulings paperwork arguments shouldn't be the only defence relied upon.

 

Agreed it used to be that a faulty DN could be used as a solid defence, but they have got round that by now being able to issue a correct DN, regardless of who issued it, and if they then subsequently sell it on to a third party to collect, the third party would be expected to honour the DN.

 

You would also need to prove that by the actions of the faulty DN/owner you were put at a serious disadvantage by it not being issued correctly or allowing you the correct amount of time to rectify the account.

 

If they are issuing you with faulty DN's then that is indicative of just how professional the circus outfit is, and if they can't get the basics right, then they will be unlikely to string together a suitable argument in court.

[car2403]

It's not a faulty DN that results in a solid defence, it's unlawful termination following a faulty DN - this cannot be rectified in most situations.

 

Add to that harassment as debt collection technique and the game is up.

[Smoothound]

This gets more confusing as it goes along

 

So my DN that was probably correct but the account was sold before the rectification date means what? It was UR and I am now possibly liable for the arrears and nothing more or still liable for the whole amount? This has been dragging for 2+ years now while I'm fighting to get my PPI back and just seems to keep going around in circles without anything really happening and now it seems to be sold or transfered on again!!!

[ltc1607]

I wish I knew, did your DN ask for just the arrears or the full balance as mine was for the full balance.

[car2403]

This gets more confusing as it goes along

 

So my DN that was probably correct but the account was sold before the rectification date means what? It was UR and I am now possibly liable for the arrears and nothing more or still liable for the whole amount? This has been dragging for 2+ years now while I'm fighting to get my PPI back and just seems to keep going around in circles without anything really happening and now it seems to be sold or transfered on again!!!

 

Are the DCA's collecting arrears, or the full balance?

 

Have you received termination notices?

 

Are they collecting on behalf of the OC, or has the OC sold it to them?

 

Does the PPI claim outweigh the outstanding amount, by any chance?

 

The answers are all in the paperwork

[Smoothound]

The DCA's are chasing the full amount.

 

My comms log says the account was sold to Experto. the latest lot appear to be working for Experto according to the wording on the letter.

 

Not had any TN's at all even right back to MBNA selling the debt to Experto.

 

The PPI amount on my calculation is around 6 times the debt but I've had to guestimate figures as MBNA never supplied figures further back than 5 years even after they were asked numerous times. They have accepted the PPI was missold and then tried to con me with around 6% of the claimed amount which is why I've now passed it on to the FOS. They have now agreed to make me an offer but as always until I accept it I won't know what it is!!!

[Smoothound]

Forgot to upload my latest letter.

 

Edited October 9, 2011 by Smoothound

[Old Cogger]

Forgot to upload my latest letter.

 

too small to read.

[Smoothound]

The site did that as it's fine here!!

[Smoothound]

Had another letter from Brachers on the 28th titled Letter Before Action giving me till 2/11/11 to repay in full. It also says if full payment fails to reach their office by then then they will be left with little option but to commence proceedings against me followed by please ring this office if you are unable to pay in full by this date BLAH BLAH BLAH.

 

Today the 31/10/11 I've received a letter from the original DCA which purports to be an arrears notice asking for the full amount quoting Section 86© of the Credit Act 1974.

 

I'm still awaiting the outcome of my PPI claim via the FOS so I'm assuming the above is not a problem as:-

 

A/ The account is still in dispute

B/ The account was sold before the remedy date so the amount they are claiming is due is wrong as it's not the actual arrears on the account when sold.

 

:???:

 

I'm also assuming they still don't know their bum from their elbow as they have passed the debt on to someone else and then write to me again themselves

[Smoothound]

OK. Could really do with some help here now as Varde/Brachers have filed a claim with the County Court so I need to know what course of action I should take now I am still waiting for an offer from MBNA for my PPI claim. I had till 5/10 to refuse to accept their empty offer so now as I didn't refuse I have to wait for the offer to come through. I think they have 10 weeks from 5/10 so we are now about 5 weeks and counting

 

On the court form it also states that I was given notice of the assignment of the debt to the DCA on 1/2/2010 but that was well before my remedy date for some arrears and I've already pointed out the UR to the DCA. I've got to check my documents but as many are with the FOS currently it will be difficult as I don't have copies of much of my SAR etc

 

Help please!!

[Dotty50]

Hi Smoothound,

 

It will probably help if you ask the site team to move this thread into the legal forum and re-title it so that they can see you need help urgently.

 

If you have a PPI claim pending and it outweighs the balance owed, then surely this would be your defence/counter claim? Not that I would know how to go about it! But I am sure someone on here will!

 

It is important that you acknowledge the claim, which you should be able to do online and then decide how to proceed.

[Smoothound]

Thanks Dotty but... How do I do that? I'm hopeless

[Dotty50]

Thanks Dotty but... How do I do that? I'm hopeless

 

Well I can ask the site team for starters but all you need to do is hit the triangle with the exclamation mark at the bottom of the post and tell them what you need.

 

You will probably get people asking exactly what is stated on the POC (Particulars of Claim) so if you can scan it and put it up here with any identifying bits removed or type out what the claim is that will help you to get the best advice.

 

What date is on the claim, the dates now become very important and you have limited time to acknowledge but once this is done online you have more days to file your defence. (I will check back on my thread to confirm the date schedule)

 

Smoothound I am no expert, I have only dealt with one claim nearly a year ago and I got fantastic help here so I am sure you will too.

[cerberusalert]

Moved to Legal Forum.

[Dotty50]

Moved to Legal Forum.

 

Thanks for moving it, do you think a re-title might help Smoothound?

 

Varde/Brachers have issued a claim and I expect a lot of people will be interested in Experto/Vardes latest moves!

[cerberusalert]

Thread title changed to "Varde/Brachers have filed a claim with the county court".

[Smoothound]

Thanks for the help Dotty

 

Think I've obscured the important stuff so her's the Court letter...

 

 

Any input would be great

 

As I've said in previous posts the account was sold to Varde before the remedy date of my DN but MBNA said it was OK for them to do that the letter is posted in an earlier post. I also have an ongoing PPI claim with MBNA in respect of this account which MBNA have agreed to make a proper offer now the FOS is involved but so far I've heard nothing. Expurto/Varde know this as I've explained countless times when they have phoned and by post!!

[Dotty50]

You're welcome Smoothound, we just need a legal expert to come along now.

 

Can't read your document though!

 

I think the PPI claim is what you need to concentrate on if you are sure this outweighs what they are claiming.

 

The UR and dodgy DN argument doesn't appear to hold any water now.

[Smoothound]

Now sorted. All other Docs should show up now as well

Edited November 13, 2011 by Smoothound