Uneforcable diary of a wimpy kid

[Joanna Connolly Solicitors]

No new documents I haven’t made any further payments to them. Just received letter stating letter before claims. Stating original debt 3531.38 no interest. Entered credit agreement on or around 21 March 2002.

If this is a Letter of Claim from PRA then you can email it to me to see what they intend to claim and why they think they have the right to claim it using di@joannaconnollysolicitors.co.uk Only send the first couple of pages - no need to include the Reply and I & E section.

Do you still have the credit agreement which they sent you in 2018 that Niddy said was unenforceable? If so email that to me too. And, of course, PRA's letter admitting the debt is unenforceable

Do not send a new s77-79 CCA Request.

From what you've said so far it will be this Egg credit card in the post below, although I expect PRA are referring to it as a Barclaycard >

Egg Banking Plc
Taken out aprox 2002
Credit card
Aprox Balance £3306.00
Last paid full payment January 2013
Arrangement currently paying £0.00
Egg Sold to Barclays transferred to PRA 17/08/15
Account with PRA
Default 27/06/2014
CCA request received
I have had this checked by Niddy and is unenforceable confirmed by PRA (letter to be kept safe)

Di

[Weakmoments]

Hi Di I have emailed the information over to you had to do it in a few emails as was too large to send on one. Unfortunately, Ive already emailed them asking for the CCA a copy of the document assigning the debt, a copy of all statutory notices relied upon by the creditor or purchase debt purchaser to enforce the debt and a full statement of account. Im sorryx

[Joanna Connolly Solicitors]

Hi Di I have emailed the information over to you . . . . Unfortunately, Ive already emailed them asking for the CCA a copy of the document assigning the debt, a copy of all statutory notices relied upon by the creditor or purchase debt purchaser to enforce the debt and a full statement of account. Im sorryx

No need to say sorry - but please don't do anything else until we've spoken.

I've replied to your email

Di

[Weakmoments]

Ive just came off the phone with Di and what a lovely lady. She has put my mind at rest and given me a lot to think about. Im in the process of emailing her details and will update my diary in due course. Thanks a million Di.

[Warwick65]

I will attest to just how lovely Di is- when I received my claim some years ago she replied within minutes to my Help! email. Not only that but she is one of the most non-judgemental people I know, so no matter how or why you got into a mess she will try to help.

In my opinion Law (or at least debt collecting) is a game- not a very nice one but still a game where they try to outwit us and we try to dodge their bullets. Luckily many of the staff they have are badly trained and can not hit a moving target- some can't even hit a stationery one. I remember one referring to the Credit Consumer Act so I asked them exactly which part of this Act they were referring to - I don't think they every quite understood it is called the Consumer Credit Act . Well trained a nameless firm from Hull - I still have their letters somewhere with big bright read headers.

[Weakmoments]

No need to say sorry - but please don't do anything else until we've spoken.

I've replied to your email

Di

Ive received an email from pra Thank you for getting in touch! just so we can help you, and just to make sure we are speaking to the correct person can could you please give us the following details
your date of birth
your current address and postcode
When you have replied with this information, we will get in touch as soon as possible.
Should I respond to this?

[Joanna Connolly Solicitors]

Ive received an email from pra Thank you for getting in touch! just so we can help you, and just to make sure we are speaking to the correct person can could you please give us the following details
your date of birth
your current address and postcode
When you have replied with this information, we will get in touch as soon as possible.
Should I respond to this?

No don't respond!

I'll email you

Di

[Weakmoments]

ok thanks

[Joanna Connolly Solicitors]

Ive just came off the phone with Di and what a lovely lady. She has put my mind at rest and given me a lot to think about. Im in the process of emailing her details and will update my diary in due course. Thanks a million Di.

The thing is issuing a claim is not the same thing as winning a claim as PRA found out when they issued legal proceedings against me and lost


Jo explains the outcome of my case here >

‘“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

[Weakmoments]

So today Ive received county court claim form regarding PRA.

[Joanna Connolly Solicitors]

So today Ive received county court claim form regarding PRA.

Hello

We thought that might happen since PRA almost always issue, but you're prepared for it so email me with just the front page using di@joannaconnollysolicitors.co.uk (as before).

PRA may issue a claim but that doesn't mean they'll win as you'll see from this post by Jo about another claim where they were defeated >

Another headache for PRA Group (UK) Limited today as we won another case against them in Walsall County Court.

The District Judge found for us in all our defence points - the agreement unenforceable, no evidence of assignment, bad default notice, non service of statutory notices and s.78 CCA 1974 breach.

PRA Group (UK) Limited were refused permission to appeal.

It was a 10k claim.

Di