Would appreciate some help please

[Joanna Connolly Solicitors]

Why do you ask?

Because PRA took me to court and lost on the assignment issue.

They also lost because the two MBNA credit agreements they produced were ruled irredeemably unenforceable by the Judge. I notice your husband's MBNA credit cards were opened a long time ago too, so I shall be interested to see what PRA produce in response to your CCA Requests.

Jo explains what happened in my case here >

‘“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.

[Flowingone]

Was this MBNA account assigned direct to PRA or was it assigned to anyone first such as Aktiv Kapital, and what year was it assigned?
Di

Why do you ask?

[Flowingone]

Shall I assume they were all defaulted and assigned in 2018 with the exception of No 1, 6 and 7?
Di

Yes correct

[Joanna Connolly Solicitors]

CCA Request

Thank you Techie for providing swift Room Service as usual

Di

[The Tech Clerk]

CCA Request

[Joanna Connolly Solicitors]

Di,

Direct to PRA and assigned April 2018

Shall I assume they were all defaulted and assigned in 2018 with the exception of No 1, 6 and 7?

The first thing to do is send a s77-79 CCA Request to each of them by Royal Mail Recorded Delivery enclosing a £1 postal order.

It’s important to send each one in a separate envelope even though some of them are with the same debt purchaser such as PRA and/ or Lowell.

I can post a link to the forum’s CCA Request template letter if you haven’t already seen it.

Di

[Flowingone]

Di,

Direct to PRA and assigned April 2018

[Joanna Connolly Solicitors]

3,
Credit card
Commenced July 2005
£9767.33 outstanding
Last paid Summer 2017
Paying £1 per month
Status is in default
MBNA now assigned to PRA

Was this MBNA account assigned direct to PRA or was it assigned to anyone first such as Aktiv Kapital, and what year was it assigned?

Di

[Joanna Connolly Solicitors]

Here we go then.....................

That's really helpful.

I'll take a look at each one separately and make suggestions - no doubt I'll be asking some questions before I can do that.

Di

[Flowingone]

8,
Loan
Commenced March 2017
£11098.66 outstanding
Last paid Summer 2017
Paying £1 per month
Status is up to date
Creation now assigned to Lowells

[Flowingone]

7,
Credit card
Commenced Not sure but during or just after 2013
£3690.02 outstanding
Last paid Summer 2017
Paying £1 per month
Status is in default
Originally Tesco but being dealt with by Westcott

[Flowingone]

6,
Credit card
Commenced Jan 2013
£5551.21 outstanding
Last paid Summer 2017
Paying £1 per month
Status is in default
Tesco

[Flowingone]

5,
Credit card
Commenced Jan 2012
£6881.00 outstanding
Last paid Summer 2017
Paying £1 per month
Status up to date
Creation assigned to Lowells

[Flowingone]

4,
Credit card
Commenced Aug 2009
£18289.65 outstanding
Last paid Summer 2017
Paying £1 per month
Status is in default
MBNA but assigned to PRA

[Flowingone]

3,
Credit card
Commenced July 2005
£9767.33 outstanding
Last paid Summer 2017
Paying £1 per month
Status is in default
MBNA now assigned to PRA