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PRA GROUP (UK) LIMITED v DIANA MAYHEW - WIN

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  • #31
    Re: PRA GROUP (UK) LIMITED v DIANA MAYHEW - WIN

    Originally posted by Joanna Connolly View Post
    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.
    Which begs the question who now owns my debt?

    The Judge mused it might still be MBNA if it was not lawfully assigned to the debt purchaser in 2009.

    After a moment of worry Jo reminded me that in any event the debt would be Statute Barred since the six year milestone from my last payment had been reached while PRA was busy taking me to court for a debt they didn't own (apparently)

    Di
    Legal Disclaimer

    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

    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

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    • #32
      Re: PRA GROUP (UK) LIMITED v DIANA MAYHEW - WIN

      A bit late to the party but well done!!
      Let your smile change the world but don't let the world change your smile


      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.

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      • #33
        Re: PRA GROUP (UK) LIMITED v DIANA MAYHEW - WIN

        The two MBNA credit card agreements were declared irredeemably unenforceable by the court. That was an end to any potential litigation from anyone 😊
        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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        • #34
          Originally posted by Joanna Connolly View Post
          ‘“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.

          It appears that PRA have issued a number of claims in the last fortnight. The ones I've seen are for ex-Barclaycard debts but there may be others for debts assigned to them by different creditors.

          I spoke with four AAD forum members in the last 24 hours who'd received claims from NCCBC. This has ruined their Christmases.

          So if anyone reading this post has received a claim from PRA then please post on this thread for help.

          Don't let it spoil your Christmas.

          If you read Jo's post you'll see that PRA can be defeated which is what happened when they issued legal proceedings against me.

          Di
          Legal Disclaimer

          I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

          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

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