Pra Group

[creditcritter]

Re: Pra Group

Will need you check more accurately later but if I remember correctly

1) If I remember correctly Experto purchased the debt from Mbna
2) don't think there was Ppi but will check again
3) point 9 you would be better reading I have sent it to Niddy as I don't know how to forward you it
4) they seem to think once the statement of account arrives they can re start , Niddy reckons what they have sent me would fail to stand up in court due to a past case involving Pra you would need to see for yourself

[PlanB]

Re: Pra Group

Will need you check more accurately later but if I remember correctly

1) If I remember correctly Experto purchased the debt from Mbna
2) don't think there was Ppi but will check again
3) point 9 you would be better reading I have sent it to Niddy as I don't know how to forward you it
4) they seem to think once the statement of account arrives they can re start , Niddy reckons what they have sent me would fail to stand up in court due to a past case involving Pra you would need to see for yourself

Thanks for all that.

The idea is to do the research before any claim is issued so that you are in the best possible position to fight it. I'm familiar with PRA claims so that's why I've focused on the Varde (Experto Credite) connection.

Even if you've got an unenforceable credit agreement it's still a good idea to throw in as many other legal arguments as you can in case one doesn't stick.

You haven't got a claim yet but there's no harm in being proactive

If you need to email us please use di@joannaconnollysolicitors.co.uk

Di

[creditcritter]

Re: Pra Group

Thanks very much Di will go by your guidance sounds the best plan

[PlanB]

Re: Pra Group

sounds the best plan

The thing is you are quite rightly angry at the way you have been treated but unfortunately indignation is not a Defence.

So far you've put in a lot of effort with fighting PRA but now it's time to concentrate on what you need to do in case they issue proceedings.

There's a SAR template letter here > http://forums.all-about-debt.co.uk/s...l=1#post495040

Di

[creditcritter]

Re: Pra Group

To Mbna remember it was an Abbeycard ( Abbey National ) operated by Mbna

[PlanB]

Re: Pra Group

To Mbna remember it was an Abbeycard ( Abbey National ) operated by Mbna

The answer is: send the SAR to MBNA - assuming the question was "where do I send the SAR?"

Di

[creditcritter]

Re: Pra Group

Hi Plan B I have not bothered you further as all had gone quiet , it turns out the answer to my complaint from a while ago from Pra was a trap they wanted to give me £400 compensation if I agreed to all there terms making me sign I actually owed the money then they would have me , I have done as you said kept my head down they have now sent the file to Brodie's who are asking me to pay all monies due by a date in June or they may consider legal action without notice but also wishing to talk about a payment plan , my wife dose not want to go to court regarding this , what would your advice be , I sent the request to Mbna for Sar request unfortunately heard nothing back big mistake , I did not send by recorded delivery which is the usual way I do no no proof on that

[creditcritter]

Re: Pra Group

An interesting point you made previously my alleged debt was sold to Experto who are in liquidation , I have just read the liquidators information they are unable to supply deeds of assignment & may have passed the debt onto another agency or back to the original lender ?

[The Tech Clerk]

Re: Pra Group

to PRA group as before no doubt

[creditcritter]

Re: Pra Group

Yes Pra , Brodie's solicitors are now chasing me on there behalf even though the Cca is unenforceable & the debt is still being disputed , the debt was sold by Mbna a long time ago to Experto Credito who are in liquidation yet Brodies say Pra where sold the debt by Mbna alll vey confusing if Mbna sold the debt years ago how can Mbna have sold it to Pra post liquidation of Experto surly makes it even less enforceable ?

[The Tech Clerk]

Re: Pra Group

suggest you concentrate on the new owners and update any correspondence, the owner elliment is out dated, but PRA seem to make mistakes in a lot of cases these days, keep us informed etc

[creditcritter]

Re: Pra Group

As I have not recieved my Sar from Mbna I have checked up my old paperwork , my alleged debt was sold by Mbna / Abbeycard 19/01/2010 to Experto Credito /Varde Experto clearly shown on the transaction sheet sent to me then collected by Aktiv Kapital who became Pra Group Experto went into liquidation last year Pra claim to have bought the debt from Abbey ( MP6 ) how can this be possible when Abbey / Mbna had already sold it in 2010 apart from that the guys on here reckon the excuse for a Cca they have sent is unenforceable as well as the terms on the first paperwork they sent me stated terms & conditions from 2002 where as the account was taken out in 2003 , I did not make them aware of that but said that they had not sent me a valid enforceable Cca they proceeded to send me the same with a 2 hand pen altered to say 3 as in 2003 you could not make it up Brodies now claim that Pra have bought the debt from the original creditor an original creditor cannot sell a debt twice as far as I have read I would appreciate Di giving me her thoughts on this.

[Joanna Connolly Solicitors]

Re: Pra Group

my alleged debt was sold by Mbna / Abbeycard 19/01/2010 to Experto Credito /Varde Experto clearly shown on the transaction sheet sent to me then collected by Aktiv Kapital who became Pra Group Experto went into liquidation last year Pra claim to have bought the debt from Abbey ( MP6 ) how can this be possible when Abbey / Mbna had already sold it in 2010 apart from that the guys on here reckon the excuse for a Cca they have sent is unenforceable as well as the terms on the first paperwork they sent me stated terms & conditions from 2002 where as the account was taken out in 2003 , I did not make them aware of that but said that they had not sent me a valid enforceable Cca they proceeded to send me the same with a 2 hand pen altered to say 3 as in 2003 you could not make it up Brodies now claim that Pra have bought the debt from the original creditor an original creditor cannot sell a debt twice as far as I have read I would appreciate Di giving me her thoughts on this.

I was dropping hints on your thread weeks/months ago without actually spilling the beans because I'm aware that PRA and their solicitors prowl the forums.

Have you read this thread where you'll see that I was both the Defendant and part of the legal team (Joanna Connolly Solicitors) who defeated a PRA claim against me in the Multi Track where PRA claimed that MBNA had lawfully assigned the debt to them but the court disagreed so the claim was dismissed >

‘“RECONSTITUTED AGREEMENT” – "IRREDEEMABLY UNENFORCEABLE”
“UNREDACTED DEEDS OF ASSIGNMENT – NO ASSIGMENT PROVED”


So, held Recorder Bellamy in PRA Group (UK) Limited v Mayhew at Central London County Court on 22nd March 2017, at the end of a 3 day multi track trial, when dismissing PRA’s claim against our client.


Stale debts sued for on the back of 2 ‘reconstituted’ MBNA credit card agreements (May 1999 and October 2000) were held irredeemably unenforceable under CCA 1974. The evidence of an honest witness was preferred to that of so called “reconstituted agreements”.


After 3 days of close forensic examination of, and legal argument about, evidence and documents from both PRA and MBNA stating that our client’s specific debt had been assigned, the court held that no assignment had been proved.


Efforts, over many months, in earlier cases to force PRA into disclosure of un-redacted deeds and deep and sustained forensic challenge to the provenance of documents needed to prove regulatory compliance, finally drew back the veil. The reality behind bulk debt purchasing was revealed.


This decision shows that just saying an agreement is enforceable and producing a “reconstituted” copy does not prove that it is enforceable. Just saying an agreement has been assigned and producing a notice saying it has been assigned does not prove legal assignment.


Debt purchasers need to provide proof. If that means the pitifully few pence in the pound they pay for stale debts will increase because banks will now have to start keeping original evidence complying with regulatory consumer protection measures, it is hard to imagine many tears being shed, outside the City of London.

I have full knowledge of this case since I was the Defendant (Plan B is Diana Mayhew).

I was also the "Client" of Joanna Connolly Solicitors where I currently work. How ironical.

I have no shame in being taken to court for a debt which arose with MBNA when I was in "financial chaos" at the start of the Credit Crunch which was caused by the banks not me or any of you other debtors out there.

But I didn't personally owe PRA any money (as agreed by Recorder Bellamy) and that was the reason I decided to fight this case.

I wasn't only doing it for me, I was doing it for all the other debtors who've been served with claims for a MBNA debt which travelled the same assignment route as mine.

I was also doing it because the documents produced by the Claimant needed forensic examination. As Jo has said the court found them irredeemably unenforceable. There were two claims for two accounts and both credit agreements failed the test in court.

It was a win for the consumer not just me.

PRA have said that they will not be appealing the judgment.

Di x

Link to thread > http://forums.all-about-debt.co.uk/s...l=1#post590134


Di

[Joanna Connolly Solicitors]

Re: Pra Group

Brodie's solicitors are now chasing me on there behalf even though the Cca is unenforceable & the debt is still being disputed , the debt was sold by Mbna a long time ago to Experto Credito who are in liquidation yet Brodies say Pra where sold the debt by Mbna alll vey confusing if Mbna sold the debt years ago how can Mbna have sold it to Pra post liquidation of Experto surly makes it even less enforceable ?

In what way are Brodies Solicitors chasing you (your wife)?

They may well issue legal proceedings (in Scotland).

Di

[Joanna Connolly Solicitors]

Re: Pra Group

I have just read the liquidators information they are unable to supply deeds of assignment & may have passed the debt onto another agency or back to the original lender ?

Really?

And where did you read that?

My firm has the deeds even if the liquidator doesn't

They're under lock and key obviously.

Di