Pra Group

[Joanna Connolly Solicitors]

Re: Pra Group

but remember collections where done via Aktiv Kapital there previous name

I do remember Aktiv Kapital were involved but I'm more interested in who else was involved such as Varde and Experto Credite.

In your post # 43 you say you received documents which mention Varde Experto.

If a claim/writ is issued you'd be arguing assignment issues

1) Pra recieved my CCA request 16/12/2015;
2) 17/12/2015 recieve confirmation of request recieved returning my postal order for £1
3) 20/01/2016 recieved small signature box signature form enclosed terms dated 11/02 plus a printed date with details sub client Varde Experto

Send that SAR to PRA pronto.

I can see that on 23rd January (post # 19) you were advised to send a SAR to MBNA but that hasn't happened over four months later.

If you want to collect evidence to protect your legal position if PRA do become litigious, then I would advise you to send a SAR to the original creditor now. That way you'll know if any reconstituted documents produced by PRA are 'honest and accurate'.

You're at the future proofing stage.

Di (aka Plan B)

You're focusing on the way you feel you've been ll-treated by PRA but indignation is not a Defence.

Di

[creditcritter]

Re: Pra Group

Good idea Diana I think the Pra Sar could be very revealing but remember collections where done via Aktiv Kapital there previous name but will send it over the weekend & keep you updated.

[Joanna Connolly Solicitors]

Re: Pra Group

An update Diana I e.mailed Brodies they actually where quite helpfull , I explained about things not matching up they have agreed to order themselves copies of the supplied paperwork & I believe they are willing to wait on me getting a Sar

. . . . once things are all in place they want to discuss further.

I wouldn't tell them too much or they'll only remedy the situation with reconstituted documents and then issue a claim.

PRA are ruthless and remember solicitors take instructions from their clients. The decision to take this to court would come from PRA not Brodies.

I'm baffled why they are waiting for you to get your SAR from MBNA. Perhaps they're hoping you'll then tell them what's in it so they can use that information to support their case if needed.

My advice is to also send a SAR to PRA to see what information they have on file. They should have the scanned paperwork and Transaction Log which Experto Credite had on file which could be interesting.

You need to know what they know or more importantly what they don't know

Di

[creditcritter]

Re: Pra Group

An update Diana I e.mailed Brodies they actually where quite helpfull , I explained about things not matching up they have agreed to order themselves copies of the supplied paperwork & I believe they are willing to wait on me getting a Sar which i have re sent yesterday recorded delivery using your template as Mbna cannot seem to trace my previous one probably binned it as I sent it ordinary first class , once things are all in place they want to discuss further.

[Joanna Connolly Solicitors]

Re: Pra Group

Ithe debt was sold to Experto in 2010 by Abbeycard Mbna as on my transaction sheets now Pra are claiming they have been sold the debt by Abbey ( M6 ) in 2016

Well they would say that wouldn't they.

We see Particulars of Claim where there're a few years and names 'missing' in the assignment chain.

Di

[Joanna Connolly Solicitors]

Re: Pra Group

I will re send the Sar today via recorded delivery

Or call them to ask if your original SAR was received and then remind them that they have to comply within 40 days.

Di

[creditcritter]

Re: Pra Group

I will re send the Sar today via recorded delivery

[creditcritter]

Re: Pra Group

I read it on a site by googling Experto Credite Diana only repeating what it says on the page my main point I have looked at is that the debt was sold to Experto in 2010 by Abbeycard Mbna as on my transaction sheets now Pra are claiming they have been sold the debt by Abbey ( M6 ) in 2016 which co inscides with Experto going into liquidation , I know you where the solicitor is the previous case that's why I appreciate your advice how to go forward I can forward you my paperwork if it's ok

[Joanna Connolly Solicitors]

Re: Pra Group

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

I've just seen this post ^ ^ ^

Could that be a LBA your wife has received?

Di

[Joanna Connolly Solicitors]

Re: Pra Group

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

You need that SAR from MBNA and you need it pronto.

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

[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

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

[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.

[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