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PRA GROUP (UK) LIMITED v DIANA MAYHEW - WIN

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  • #16
    Re: PRA GROUP (UK) LIMITED v DIANA MAYHEW - WIN

    Originally posted by Joanna Connolly View Post
    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.
    I don't quite understand the first part.
    Does this mean that the 'scanned copies' presented in court were scanned from documents 'created' using a John Bull Printing Set and a signature 'rescued' from correspondence?

    Having seen a redacted single entry on an abbreviated Excel spreadsheet line I can see why most people would reject it a evidence.

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    • #17
      Re: PRA GROUP (UK) LIMITED v DIANA MAYHEW - WIN

      Warmest congratulations what an awesome outcome xxxx
      if you do it today and you like it you can always do it again tomorrow


      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.

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      • #18
        Re: PRA GROUP (UK) LIMITED v DIANA MAYHEW - WIN

        I do like it when MBNA get very much kicked in the balls. I cant think why though
        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.

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        • #19
          Re: PRA GROUP (UK) LIMITED v DIANA MAYHEW - WIN

          many congratulations, a fabulous result!

          Delighted for plan b and the forum in general, so helpful to me over the last few years.

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          • #20
            Re: PRA GROUP (UK) LIMITED v DIANA MAYHEW - WIN

            Good to see the celebrations continue

            The judgment will have a lasting effect too.

            I'll update a bit more next week.

            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

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            • #21
              Re: PRA GROUP (UK) LIMITED v DIANA MAYHEW - WIN

              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. Refused permission to appeal. It was a 10k claim.
              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.

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              • #22
                Re: PRA GROUP (UK) LIMITED v DIANA MAYHEW - WIN

                That's excellent news, well done. I wonder which company will be you next victim?
                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.

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                • #23
                  Re: PRA GROUP (UK) LIMITED v DIANA MAYHEW - WIN

                  Originally posted by cymruambyth View Post
                  That's excellent news, well done. I wonder which company will be you next victim?
                  Hoping it's Restons. They're being typical twats again.
                  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

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                  • #24
                    Re: PRA GROUP (UK) LIMITED v DIANA MAYHEW - WIN

                    this is great news, long may it last , they will have to start a fund to keep themselves in work soon,
                    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.

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                    • #25
                      Re: PRA GROUP (UK) LIMITED v DIANA MAYHEW - WIN

                      Originally posted by nightwatch View Post
                      this is great news, long may it last , they will have to start a fund to keep themselves in work soon,
                      See I am more of the thinking that PRA have bullied their way through thinking (incorrectly) that the law does not apply to them and have never really been squared up against. However luckily for us, Jo knew she was right and knew they were wrong so she did in fact square up to them and this is the outcome - repeated beatings.

                      I hope it does more than require a fund, I hope it forces them to reconsider their whole business plan because they have now been proved wrong and in fact, I wonder how many incorrect judgments have been made as a result of their bullying?

                      It's firms like this which give the whole industry a bad name, unnecessarily so.

                      Well done Jo. Keep at it
                      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

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                      • #26
                        Re: PRA GROUP (UK) LIMITED v DIANA MAYHEW - WIN

                        Fantastic news once again. Well done!

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                        • #27
                          Re: PRA GROUP (UK) LIMITED v DIANA MAYHEW - WIN

                          Originally posted by Never-In-Doubt View Post
                          Hoping it's Restons.
                          I do hope so.
                          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.

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                          • #28
                            Re: PRA GROUP (UK) LIMITED v DIANA MAYHEW - WIN

                            Brilliant news, well done to all involved
                            Niddified and proud!

                            Fought and won the UE battle, thanks to Niddy and this forum...
                            SB since 2016. Now have my life back!

                            (I used to be MustGetStraight but I've lost a "t")

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                            • #29
                              Re: PRA GROUP (UK) LIMITED v DIANA MAYHEW - WIN

                              Wow,what fantastic news.Well done Jo and PlanB .Reading such achievement is so inspiring.

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                              • #30
                                Re: PRA GROUP (UK) LIMITED v DIANA MAYHEW - WIN

                                Congratulations to everyone. Well done.

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