Getting Back On Track........................Saint X

[Joanna Connolly Solicitors]

Is this the point where I interject and say......Although it is true that PRA can be rather robust with litigation........they also regularly fall down through not being able to get their ducks in a row quite correctly

As in the case of PRA Group (UK) Limited v Diana Mayhew (me )

‘“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.

[Saint X]

DSAR Unit
Lloyds Bank
Customer Service Recovery
Charlton Place, C57
Andover, SP10 1RE

correct go to templates and download DSAR Request no charge and they now have 30 days to respond

Thank you Tech Clerk
Much appreciated

Saint X

[Saint X]

Maybe PRA are not 100% sure either

I asked because it's not uncommon for creditors to amalgamate a credit card/loan/overdraft before they assign the overall debt to a third party which can cause the debt purchaser legal problems.

Di

Hi Di,
It is such a minefield
I will get out the SAR from PayPlan and try to unravel what is what
Your help is very appreciated

Saint X

[Saint X]

HALIFAX (BANK of SCOTLAND) DEBT NO 1

Debt currently £8,676,85

Creditor PRA

They somehow have the original debtor as Lloyds Bank, but definitely a Halifax card.

Almost certain I took this account pre 2007, but no paperwork to clarify.

July 24th 2017 CCA request sent.

Received an unsigned document with a letter claiming debt is currently unenforceable, but further info to come. Nothing to date!

Last payment to DMP on Monday 11th Sept

Letter received. Dated 26/07/17 in response to CCA request, placing the account on hold until further notice.

Letter received. Dated 31/08/17 with documents.Sent to Niddy. He deems them UE

Letter received. Dated 09/10/17. A catalogue of printed copy statements dated 16/05/2005-15/07/2011

This Halifax Credit Card, seemingly taken over by Lloyds. First correspondence I have is a letter dated 5th July 2011from Blair, Oliver and Scott debt collectors. It was then Aktiv Kapital in 2013, and then PRA group in 2015
I today received a letter from PRA with a reduced offer of £6,933.43, which has been filed away

Saint X

[Saint X]

LLOYDS TSB BANK PLC DEBT NO 2

Creditor PRA

Current debt £6957,05

Last payment Monday 11th September to DMP

CCA request sent July 24th 2017.

A couple of replies deeming the debt unenforceable, but thus far, no sign of any agreement!

Almost certain Post 2007

Letter received. Dated 26/07/2017 stating receipt of CCA request, and placing account on hold.

Letter received. Dated 16/08/2017 with enclosed documents, not enforceable.

Letter received 20/09/2017 with re-constituted agreement. Sent to Niddy who deems enforceable.

Letter received. Dated 06/10/2017 with a reduced offer for full and final payment

This debt was a loan taken out by myself and ex wife in branch, and then left with me to sort out.
It was with Aktiv Kapital around 2013 and then PRA around 2015 until present

Saint X

[Saint X]

LLOYDS TSB BANK PLC DEBT NO3

Creditor PRA

Current Debt £5635, 82

Last Payment Monday 11th September 2017

CCA request sent July 24th 2017

A couple of replies deeming the debt unenforceable, but no sign of any agreement


Letter received. Dated 26/07/2017 acknowledging CCA request, and placing account on hold

Letter received. Dated 16/08/2017 with documents, Deemed UE

Letter received. Dated 20/09/2017 with re-constituted agreement. Sent to Niddy, who deems it enforceable

Letter received, Dated 06/10/2017 with a reduced offer for full and final payment

This debt was a personal Loan take out by myself online. just before my marriage breakdown.
I have records of Aktiv Kapital around 2013 and then PRA group until present

Saint X

[The Tech Clerk]

Halifax is a division of Lloyds Bank

[The Tech Clerk]

AK = PRA Diana Mayhew loves these

[Saint X]

BARCLYCARD DEBT NO 4

Creditor Link Financial

Current debt £2,610,63

Last Payment Monday 11th September 2017 DMP

CCA request sent 24th July 2017 to address on website.

Letter came back undelivered. Currently chasing them for an address in order to resend.

No reply

This debt was with Mercers debt correspondence. I have a letter dated 4th November 2011 and now with Link Financial

Saint X

[Saint X]

BARCLYCARD DEBT NO 4

Creditor Link Financial

Current debt £2,610,63

Last Payment Monday 11th September 2017 DMP

CCA request sent 24th July 2017 to address on website.

Letter came back undelivered. Currently chasing them for an address in order to resend.

No reply

Letter received from Link Financial dated 29th June 2018
Filed accordingly

Saint X

[Saint X]

Looking back through your thread I can't see whether this Lloyds TSB debt was originally a credit card or a loan or maybe a combination of both plus an overdraft etc. So can you fill me in (apologies if you've already posted that somewhere).

PRA have sent you a reconstituted credit agreement which you've been told is enforceable but there are more reasons for a debt to be unenforceable other than the credit agreement.

How did you apply for this account (online, in the branch etc)?

Was there PPI involved?

When (what year) was it assigned to PRA and was it assigned direct to them or was it assigned to another debt purchaser first such as Aktiv Kapital?

Di

Hi Di
I hope you are well
I have updated my debts, hopefully this will help,
So much paperwork, it really is mind boggling

Kind regards
Saint X

[Saint X]

AK = PRA Diana Mayhew loves these

Sounds Hopeful Tech Clerk

Saint X

[Saint X]

This Halifax Credit Card, seemingly taken over by Lloyds. First correspondence I have is a letter dated 5th July 2011from Blair, Oliver and Scott debt collectors. It was then Aktiv Kapital in 2013, and then PRA group in 2015
I today received a letter from PRA with a reduced offer of £6,933.43, which has been filed away

Saint X

Going through my letters from PRA, I have a letter dated 25th May, with an offer of £6,933. 43 exactly the same as the most recent letter.
Again filed

Saint X

[Saint X]

This debt was a loan taken out by myself and ex wife in branch, and then left with me to sort out.
It was with Aktiv Kapital around 2013 and then PRA around 2015 until present

Saint X

Looking back through my correspondence from PRA, I noticed a letter dated 6th October 2017, with a settlement figure of £3,464.19, equivalent to 50%, the best offer to date, but not tempting enough. Again filed

Saint X

[Saint X]

This debt was a personal Loan take out by myself online. just before my marriage breakdown.
I have records of Aktiv Kapital around 2013 and then PRA group until present

Saint X

Looking back through my correspondence from PRA, I noticed a letter dated 6th October 2017 offering full settlement for £2,814.64 equivalent to a reduction of 50%.
Not tempting enough, and filed

Saint X