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  • Check credit card is unenforceable

    Is there any way of posting credit card agreement and checking if unenforceable.

  • #2
    send unredacted to:- webmaster@all-about-debt.co.uk and refer to this thread

    meantime can you enlighten us to the issue etc start a diary, look around and you will see format:-
    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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    • #3
      Originally posted by Kazeaton View Post
      Is there any way of posting credit card agreement and checking if unenforceable.


      As has been said you can email a credit agreement to Niddy (the forum owner) who will give you his opinion on whether it's enforceable or not using webmaster@all-about-debt.co.uk

      I would add that there are many reasons for a debt to be unenforceable in court bedsides the actual credit agreement. The debt owner has to have complied with all their statutory duties such as any Default Notice and/or Notice of Sums in Arrears if applicable.

      It's also important for them to be able to prove their legal ownership of the debt if it has been assigned to a debt purchaser by the original creditor which PRA were unable to prove in the case of PRA v Diana Mayhew ( me )

      You can read about the case here >


      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.

      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. 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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      • #4
        Originally posted by Kazeaton View Post
        Is there any way of posting credit card agreement and checking if unenforceable.

        Have you emailed your credit agreement to Niddy (forum owner) for an opinion on whether it's unenforceable or not?

        Even if the agreement is enforceable there could be a myriad of different legal reasons for the debt to be unenforceable if the creditor hasn't complied with all their other statutory duties.

        I look forward to helping you when you you're ready

        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. 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

        Comment

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