Just joined and about to CCA PRA Group

[Zeppelin]

Welcome and the very best of luck with everything. Not that you'll need luck as this site and forum are the very best source of comprehensive help and expert guidance you'll ever find.

[nightwatch]

Welcome aboard, hope we can be of help to you xx

[Joanna Connolly Solicitors]

in my case the PRA Group were assigned debts that were Barclays

In which case read this Tweet by Joanna Connolly.

We beat PRA in court yesterday on an ex-Barclays (Egg) debt which had "assignment" issues

Here's the link but the this forum has had a recent upgrade so I'm struggling to handle the new technology > https://twitter.com/connolly_joanna?lang=en

Joanna Connolly @connolly_joanna

Defeated PRA again today in a £14,000 Egg/Barclays assignment CCA case in Bath County Court.

10:10 AM - 30 Jun 2017

Di

PS my link to Joanna Connolly's tweet didn't work so I'll try again tomorrow.

[Suseka]

Thanks Di

Makes for very interesting reading -in my case the PRA Group were assigned debts that were Barclays Bank Loans - and the Link Financials are all originally Barclaycard, albeit my other half tells me one of them was originally an Egg card. Most of the debts we still owe are Barclays related and it beggars belief that they were quite happy to keep offering my hubby loan after loan, card after card. But that's another story. I will definitely put up a diary/blog type post so people can see how we get on. Have decided today to CCA the Link accounts.. as they say ' in for a penny, in for a pound).

[Joanna Connolly Solicitors]

which leaves me with 3 accounts that are now held by Link Financial and 3 that have been passed on to the PRA Group - all 6 were sold on/passed on around 2 years or more ago. Oddly 2 of the accounts with Link are not showing up on my husbands credit file as defaulted and his Noddle file status for those is simply marked 'OK". So my plan is to tackle the 3 with PRA Group first and see how that goes.

I look forward to seeing your diary - in particular those three debts which are currently with PRA.

Here's something to read that may help you see what issues we could be looking at with those ones especially if they started out as MBNA credit card accounts >

‘“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.

Re: PRA GROUP (UK) LIMITED v DIANA MAYHEW - WIN

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

Di

[Suseka]

Hello.

I've just joined the forum and have spent a bit of time looking around the various main and sub-forums on DMPs and UEs. This site has such a lot of information and so it's a bit mind boggling, but incredibly useful. Anyways - I'm not sure if this is the right place to put my first post up -but as the title says, I'm about to embark on the CCA journey and will be sending off the helpful template letter I found in the 'template letters' sticky. I've been in a DMP for a little over 4 years and have dutifully held up my end of the bargain and have paid most of my debts - currently down to 8 out of what was 14 creditors and a whopping £85k worth of debt (eek).

It's been a tough ride and I've probably paid back far too much, far too quickly - but we live and learn. It's only recently, having dragged myself out of a period of depression that I've decided to take back control of my life and from this month on I intend to manage my own DMP. I've had lots of support from forum buddies on another site that has given me confidence to do this. Until now I was completely unaware that debts could be unenforceable and whilst, as I read in a post about the T&Cs on UEs and how AAD supports folks, I'm not trying to avoid paying what I owe - I think now is the time to strike back a little.

Of my 8 remaining creditors, 2 are about to end -which leaves me with 3 accounts that are now held by Link Financial and 3 that have been passed on to the PRA Group - all 6 were sold on/passed on around 2 years or more ago. Oddly 2 of the accounts with Link are not showing up on my husbands credit file as defaulted and his Noddle file status for those is simply marked 'OK". So my plan is to tackle the 3 with PRA Group first and see how that goes.

I will post up a diary in the 'diary section' so that people can see how I get on - if that's of any help to anyone, and will undoubtedly need advice from the good folks on here. I have one quick question and that is I've read on other forums that its best not to 'sign' the letter, just type the name, and best to use postal orders for the £1 fee (not a cheque - again re the signature caution). I read that some DCAs / Creditors have been known to 'cut and paste' signatures (the little tikes!) Is that true, or just hearsay, or does it simply not matter?

Wish me luck!