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[WON] - PRA Group ( Judge & Priestley ) v Kelsey - Issued 22 August 2014

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  • #1

    [WON] - PRA Group ( Judge & Priestley ) v Kelsey - Issued 22 August 2014

    Your AAD Forum Username

    Kelsey

    Name of Claimant

    PRA Group

    Name of Claimant's Solicitors

    Judge & Priesley

    Claim Issue Date

    22 August 2014

    Who Signed the Claim Form?

    The Solicitor Firm (i.e. Joe Blogs Solicitor)

    How much is being Claimed?

    Over £10,000

    Have you Submitted the AoS Response?

    Yes

    If Yes, when was the AoS Submitted

    \

    Details of Claim

    (note that there are no £ in the claim)
    The claimant claims the sum of 13291.79 for debt an interest. On 11/05/2005 the defendant entered into an agreement with MBNA for a credit card under reference 5407580700573487. On 31/07/2010 the defendant defaulted on the agreement with an outstanding balance of 11099.81. On 31/08/2010 the debt of 11099.81 was assigned to Varde Investments (Ireland) Ltd who itself assigned the debt to Aktiv Kapital Portfolio AS
    Zug Branch on 3/3/2012. Notices of Assignment were sent to the defendant in accordance with s136 Law of Property Act 1925.
    And the claimant claims
    1. The sum of 11099
    2. Statutory interest pursuant to section 69 of the County Court Act 1984 at a rate of 8% per annum from 3/3/12 to 21/8/14; 2191.98 & thereafter at a daily rate of 2.43 until Judgement
    Tags: 2012, bank account, barclays, branch, bryan carter, card, claim form, con, court, credit, credit card, date, debt, defence, email, help, investments, law, legal, loan, lowells, mbna, mkdp, n1, niddy, pra, pra group, public, rate, restons, solicitor, update, witness statement, working
  • #2
    Re: PRA Group ( Judge & Priesley ) v Kelsey - Issued 22 August 2014

    This has been passed immediately to Solicitor to deal with - we're working behind the scenes via email.

    Update shortly.

    Thanks
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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    • #3
      Re: PRA Group ( Judge & Priestley ) v Kelsey - Issued 22 August 2014

      Hi Kelsey

      please remember to leave feedback once you update everyone

      --> http://forums.all-about-debt.co.uk/s...l=1#post513680
      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

      Comment

      • #4
        Re: PRA Group ( Judge & Priestley ) v Kelsey - Issued 22 August 2014

        Love it when a Plan comes to-gether!
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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        • #5
          Re: PRA Group ( Judge & Priestley ) v Kelsey - Issued 22 August 2014

          Kelsy's defence was successful. He has asked me to update this thread.

          We obtained from the Court a declaration that the MBNA credit card agreement was           Irredeemably unenforceable under s.127 (3) of the Consumer Credit Act.

          The credit card agreement was also found to be unenforceable due to breaches of s.78, s.87, & s.86 of the Consumer Credit Act .

          The court also held that PRA (the Claimant) had failed to provide evidence that the credit agreement had been assigned to them at all.

          Although a small claim case the Claimant (PRA Group) was ordered to pay defence legal costs because of unreasonable conduct          .
          Last edited by Joanna Connolly; 23 July 2015, 19:29.
          Legal Disclaimer
          I am a solicitor Advocate who specialises in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedence for creditors compliance with s.77 & s.78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk.

          If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.

          Comment

          • #6
            Re: PRA Group ( Judge & Priestley ) v Kelsey - Issued 22 August 2014..WON

            Great result ............
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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            • #7
              Re: PRA Group ( Judge & Priestley ) v Kelsey - Issued 22 August 2014..WON

              Such an excellent result, Well done to everybody involved - I love to hear good news stories

              PRA have issued quite a few claims, Or are threatening to ( Myself included ) so this will serve as a reminder to all those fighting claims that they can be beaten ( Hmm sorry I meant ass kicked !!!!)

              I am sure there will be several points learnt from this case that will be applicable to others here.....Knowledge is power

              So glad to be part of the AAD family
              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

              Comment

              • #8
                Re: PRA Group ( Judge & Priestley ) v Kelsey - Issued 22 August 2014..WON

                Would love to know some of the details of this case as I may be in a similar position in the near future. Well done people.

                S

                Comment

                • #9
                  Re: PRA Group ( Judge & Priestley ) v Kelsey - Issued 22 August 2014..WON

                  (another) excellent result. Well done to all involved!
                  When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.


                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                  Comment

                  • #10
                    Re: PRA Group ( Judge & Priestley ) v Kelsey - Issued 22 August 2014..WON

                    Geat result everyone - yet again a claimant who didn't get their house in order and got a complete
                    "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

                    The consumer is that sleeping giant.!!


                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                    Comment

                    • #11
                      Re: PRA Group ( Judge & Priestley ) v Kelsey - Issued 22 August 2014

                      Originally posted by josie888 View Post
                      Although a small claim case the Claimant (PRA Group) was ordered to pay defence legal costs because of unreasonable conduct.
                      Well done you

                      If this was a £13k claim why was it in the Small Claims Court and not the Fast Track in the first place?

                      (Probably before you were instructed.)

                      Plan B x

                      Comment

                      • #12
                        Re: PRA Group ( Judge & Priestley ) v Kelsey - Issued 22 August 2014..WON

                        Well done Kelsey and Jo, I love good news on AAD
                        "If wishes were horses, beggars would ride"

                        Comment

                        • #13
                          Re: PRA Group ( Judge & Priestley ) v Kelsey - Issued 22 August 2014..WON

                          Great news
                          Let your smile change the world but don't let the world change your smile

                          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                          Comment

                          • #14
                            Re: PRA Group ( Judge & Priestley ) v Kelsey - Issued 22 August 2014..WON

                            Well done lovely result xx
                            if you do it today and you like it you can always do it again tomorrow

                            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                            Comment

                            • #15
                              Re: PRA Group ( Judge & Priestley ) v Kelsey - Issued 22 August 2014..WON

                              Excellent news

                              Comment

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