Announcement

Collapse
No announcement yet.

PRA GROUP (UK) LIMITED v DIANA MAYHEW - WIN

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • PRA GROUP (UK) LIMITED v DIANA MAYHEW - WIN

    ‘“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.
    Legal Disclaimer
    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 https://www.citizensadvice.org.uk.

    If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.

  • #2
    Re: PRA GROUP (UK) LIMITED v DIANA MAYHEW - WIN

    Brilliant, congratulations on an excellent job; AAD is extremely fortunate in being able to call on you for guidance.

    I think that all planb's cases appear to show posters that there is hope and that it is in the attention to detail.
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

    Comment


    • #3
      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
      I don't give advice, I share wisdom. Whenever the chips are down there's always a Plan B

      I'm a fully qualified mother which is the hardest exam I've ever sat. I have other more formal qualifications which are less important


      Comment


      • #4
        Re: PRA GROUP (UK) LIMITED v DIANA MAYHEW - WIN

        Awesome. Well done Di & great work Joanna

        * there's always hope & when you've lost all hope come speak to the best legal team
        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

        Comment


        • #5
          Re: PRA GROUP (UK) LIMITED v DIANA MAYHEW - WIN

          Originally posted by Never-In-Doubt View Post
          Well done Di & great work Joanna
          It was a gruelling three day trial in a surreal setting where I was both the Defendant (a perceived "debt-avoider") and part of my own legal team

          The assignment issue (and therefore the judgment) is important especially for those debtors who had their MBNA accounts assigned to Varde before being assigned again to Aktiv Katpital. Both were fronted by Experto Credite so many debtors may not have known who actually owned the debt.

          This is why I keep asking forum members if the name Varde or Experto Credite means anything to them.

          The claim was for £38k but with legal costs it became almost double that. Eeek. Anyway thanks to Jo I not only didn't have to pay PRA, they had to pay my legal costs.

          Oh, and I lost 7 lbs due to the stress so not all bad

          Di
          I don't give advice, I share wisdom. Whenever the chips are down there's always a Plan B

          I'm a fully qualified mother which is the hardest exam I've ever sat. I have other more formal qualifications which are less important


          Comment


          • #6
            Re: PRA GROUP (UK) LIMITED v DIANA MAYHEW - WIN

            Originally posted by PlanB View Post
            It was a gruelling three day trial in a surreal setting where I was both the Defendant (a perceived "debt-avoider") and part of my own legal team

            Oh, and I lost 7 lbs due to the stress so not all bad

            Di
            A double bonus
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment


            • #7
              Re: PRA GROUP (UK) LIMITED v DIANA MAYHEW - WIN

              Wow, this is really awesome!

              Jo and Plan B - what a team!

              As Niddy so rightly says, there is always hope ...

              And why, oh why do I comfort eat when I am stressed out???
              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

              Comment


              • #8
                Re: PRA GROUP (UK) LIMITED v DIANA MAYHEW - WIN

                Originally posted by PlanB View Post
                It was a gruelling three day trial in a surreal setting where I was both the Defendant (a perceived "debt-avoider") and part of my own legal team

                The assignment issue (and therefore the judgment) is important especially for those debtors who had their MBNA accounts assigned to Varde before being assigned again to Aktiv Katpital. Both were fronted by Experto Credite so many debtors may not have known who actually owned the debt.

                This is why I keep asking forum members if the name Varde or Experto Credite means anything to them.

                The claim was for £38k but with legal costs it became almost double that. Eeek. Anyway thanks to Jo I not only didn't have to pay PRA, they had to pay my legal costs.

                Oh, and I lost 7 lbs due to the stress so not all bad

                Di
                Thanks for this Di - pretty impressive stuff all round, I must say. Chuffed for you

                I do hope Jo got £38k in costs like - that would be extra special haha
                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                Comment


                • #9
                  Re: PRA GROUP (UK) LIMITED v DIANA MAYHEW - WIN

                  Originally posted by Never-In-Doubt View Post
                  Thanks for this Di - pretty impressive stuff all round, I must say. Chuffed for you

                  I do hope Jo got £38k in costs like - that would be extra special haha
                  You are kidding! Nowhere near - and mostly counsels fees etc.
                  Legal Disclaimer
                  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 https://www.citizensadvice.org.uk.

                  If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.

                  Comment


                  • #10
                    Re: PRA GROUP (UK) LIMITED v DIANA MAYHEW - WIN

                    Well done. Hopefully they will now revisit all their assignment and stop torturing others. It would be nice to see all of them dissolved (in acid baths, if poss)

                    Comment


                    • #11
                      Re: PRA GROUP (UK) LIMITED v DIANA MAYHEW - WIN

                      Wow, congratulations on a great win. What a team and what a result, although it must have been very stressful to be going through through the result will have made it worthwhile
                      When you have nothing you have nothing to lose

                      Comment


                      • #12
                        Re: PRA GROUP (UK) LIMITED v DIANA MAYHEW - WIN

                        Well done,really Chuffed for you both,
                        A Great win all round xxxx
                        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                        Comment


                        • #13
                          Re: PRA GROUP (UK) LIMITED v DIANA MAYHEW - WIN

                          In this instance, and this is why this case is so important, the two signed credit agreements they produced in evidence weren't "reconstituted" documents.


                          PRA Group (UK) Limited presented them to us and the court as scanned copies of the two original signed MBNA agreements with the prescribed terms & conditions on the back of both. The court found as fact this was not the case for each agreement and that both were therefore irredeemably unenforceable under s.127 (3) of the Consumer Credit Act 1974..


                          Similarly with the Deeds of Assignment even though virtually totally unredacted Deeds were presented to the court, together with letters confirming the assignment from MBNA etc again the court found that that there was no evidence of assignment of our client's debt presented to the court.
                          Legal Disclaimer
                          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 https://www.citizensadvice.org.uk.

                          If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.

                          Comment


                          • #14
                            Re: PRA GROUP (UK) LIMITED v DIANA MAYHEW - WIN

                            A great result. Congrats to you both and in fact congrats to all who have dealings with PRA. Great to see them get spanked!

                            Comment


                            • #15
                              Re: PRA GROUP (UK) LIMITED v DIANA MAYHEW - WIN

                              I do love good news here on AAD

                              And this is certainly good news

                              Well done Plan B for holding your nerve and to everybody who assisted - Such great news
                              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                              Comment

                              Who's Viewing Thread: 1 (0 members and 1 guests)
                              Who's Viewed Thread:
                              Working...
                              X