MBNA CC to AKTIV then to PRA UNENFORCEABLE and ILLEGAL.

[shady2me]

I have information that shows evidence that AKTIV KAPITAL PORTFOLIO AS OSLO ZUG BRANCH assigned the Credit Card debts to PRA GROUP (UK) LIMITED ILLEGALLY. All debts assigned. I believe, are NULL AND VOID. I would like to share this information but I am currently involved in several Court cases against the illegal activities of PRA GROUP (UK) LIMITED. However, I am interested in the assignment letters from PRA and/or their solicitors Howell-Jones/Chivers Easton Brown. I cannot mention specific dates but can say between 2014 to 2016. I would like to ask the administrators if this is possible here on this forum or what would be an alternative way to achieve such data/evidence? Thank you.

[Warwick65]

So do you want to share or are you after info?

Unless you are legally trained I suggest you contact Joanna Connolly. I know she has beaten PRA many times.

[Joanna Connolly Solicitors]

I have information that shows evidence that AKTIV KAPITAL PORTFOLIO AS OSLO ZUG BRANCH assigned the Credit Card debts to PRA GROUP (UK) LIMITED ILLEGALLY. All debts assigned. I believe, are NULL AND VOID. I would like to share this information but I am currently involved in several Court cases against the illegal activities of PRA GROUP (UK) LIMITED. However, I am interested in the assignment letters from PRA and/or their solicitors Howell-Jones/Chivers Easton Brown. I cannot mention specific dates but can say between 2014 to 2016. I would like to ask the administrators if this is possible here on this forum or what would be an alternative way to achieve such data/evidence? Thank you.

Hello

May I first ask in what way are you "involved in several court cases against illegal activities of PRA Group (UK) Ltd."?

You say that you believe all debts assigned to PRA by Aktiv Kapital are NULL and VOID because these were "illegal" which is serious allegation.

PRA took me to court and lost on assignment issues but there was more to it than Aktiv Kapital because there was an assignment (or not) prior to that to Varde (see below).

I also work for Joanna Connolly Solicitors so have a broader understanding of PRA and assignment issues. Do you work for a law firm?

Perhaps you would like to PM me or better still send me an email using di@joannaconnollysoliitors.co.uk before members of this forum accept what you are stating as fact.

I can see that the administrator of this forum asked you not to approach members following your previous post on the forum in July 2019 so I would caution any member to hesitate before providing you with personal information until your situation/involvement becomes clearer.

In that post you referred to your case - do you have a claim against you by PRA which you are defending?

Your previous post and the forum owner's response >

Would it be possible for any member to send me a copy of a letter from PRA Group regarding a name change from Aktiv Kapital. I believe that obtaining as many copies as possible helps my case as I was informed on 29th April 2015!!!
thanks for reading


Admin note - please do not send any documents to any other member other than myself and / or our solicitors, identified by the Joanna Connolly Solicitors title under their username and their unique legal signature.

My court case >

‘“RECONSTITUTED AGREEMENT” – IRREDEEMABLY UNENFORCEABLE”
“UNREDACTED DEEDS OF ASSIGNMENT – NO ASSIGNMENT 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.

Di

[shady2me]

I have a case against PRA and I am the Claimant. I cannot discuss matters here but I believe a Class Action against PRA will be appropriate.

[Joanna Connolly Solicitors]

I have a case against PRA and I am the Claimant. I cannot discuss matters here but I believe a Class Action against PRA will be appropriate.

We’ve now exchanged PMs and will hopefully speak tomorrow.

Di