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Court of Appeal - PRA v Goodinson

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  • Court of Appeal - PRA v Goodinson

    We were in the Court of Appeal last week.

    The Appeal is in relation to the decision of HHJ Clarke, who dismissed an appeal from the County Court on a single issue within a trial which was adjourned part-heard. The claim relates to a credit card agreement, regulated by the Consumer Credit Act 1974, (the 1974 Act) between the Appellant and MBNA. The agreement was allegedly assigned by MBNA to a Third Party then further assigned by them to the Respondent.

    Although PRA Group (UK) Limited did not provide a copy of the Default Notice to the Court, the Deputy District Judge inferred that the Appellant had been served with a Default Notice in compliance with the 1974 Act on 12 December 2012.

    The issue before the Court of Appeal was the important principle or practice as to the extent which the existence of a compliant statutory notice can be inferred.

    Judgment was reserved.
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    I am a solicitor Advocate who specialises in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedence for creditors compliance with s.77 & s.78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at

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