Time To Start Sorting Things Out!

[Diana M]

Re: Time To Start Sorting Things Out!

see the other CCJ was lodged against me on 17/1/2017 for the amount of £20,040. There is no other detail provided apart from the Case No. I presume I would have to contact the court to get the other details? How do I try to get this set aside?

In my Financial Account Information I have an MBNA debt of £14,386 at 31/10/2102 listed as a closed account marked with the status of "Satisfied". This was from an old Virgin Credit Card

In the Open accounts I have a default balance of £14,386 dating from 31/10/2012 with Pra Group UK. This balance leaps up to £25,694 in the balance history for some reason in April 2017!! The Balance history shown only starts from June 2016. I can only imagine there is some tie here to the CCJ ?

I think you may be right that this £20k CCJ relates to a MBNA account assigned to PRA.

Was the CCJ registered at an address where you no longer live or is there some other reason why you didn't receive the claim form?

If you recognise the debt do you remember if it was assigned to any of these names Varde, Experto Credite and/or Aktiv Kapital before it was assigned to PRA?

You need to act promptly if you plan to make an Application for a set-aside so I'll be asking you loads of questions

In the meantime read this where you'll see that I recently won a case against me where PRA had both assignment issues and irredeemably unenforceable credit agreements >

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.

I have full knowledge of this case since I was the Defendant (Diana M is short for 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 (aka Diana Mayhew)

Link to thread here > http://legalbeagles.info/forums/show...304#post723304

Di

[Sunday Morning]

Re: Time To Start Sorting Things Out!

Diana, that's fantastic! :-)

I don't hope to enjoy complete success on this but at the very least would like the debt to be in the amount of the 14k as opposed to the 20k on the CCJ or the 25k now shown on my credit report!

Everything concerning this was based on a previous address of mine, where I had not lived for three and a half years at the time of the court judgement. I did not know a thing about it until a good repute check bought it up a work, which has led to some trouble since the only CCJ I had declared was the one in respect of my tax position.

Of the names you listed Aktiv Kapital is definitely one I recognise and am 99% sure the debt would have first been assigned to them.

Many thanks for your continuing assistance on all of this

.

[Diana M]

Re: Time To Start Sorting Things Out!

Diana, that's fantastic!

Everything concerning this was based on a previous address of mine, where I had not lived for three and a half years at the time of the court judgement. I did not know a thing about it until a good repute check bought it up a work, which has led to some trouble

Of the names you listed Aktiv Kapital is definitely one I recognise and am 99% sure the debt would have first been assigned to them.

Many thanks for your continuing assistance on all of this

If the claim form was served on an incorrect address then you need to get the Default Judgment (CCJ) set aside. You will also need to demonstrate to the court that any Defence you may subsequently file would have likely prospects of success.

I'm glad I mentioned Aktiv Kapital and I note this was possibly a Virgin credit card at the beginning

Di

[Sunday Morning]

Re: Time To Start Sorting Things Out!

Thanks again Diana..... what's the first step in trying to get the Default Judgement set aside? Do I ring the court and ask them to send the full details to me? I guess the first basis of my defence would be to enquire why the judgement is nearly 150% of the default debt?

[Kati]

Re: Time To Start Sorting Things Out!

what's the first step in trying to get the Default Judgement set aside?

you could start here ~ http://legalbeagles.info/library/how...-judgment-ccj/ xx

[Sunday Morning]

Re: Time To Start Sorting Things Out!

Thanks Kati. Is it possible to get the any details from anywhere? All i have is a case number which doesn't mention who the claimant is. I am presuming it to be PRA but how can I get confirmation of this in order to ask them to agree to set aside the decision?

[Diana M]

Re: Time To Start Sorting Things Out!

Thanks again Diana..... what's the first step in trying to get the Default Judgement set aside? Do I ring the court and ask them to send the full details to me? I guess the first basis of my defence would be to enquire why the judgement is nearly 150% of the default debt?

Yes, ring the court.

You need to get the information before you can start an Application. Ask the court to email you the "Case Details" which will have the Particulars of Claim included. Also ask them for a copy of the Default Judgment Order.

The object of a Defence is to put the other party (Claimant) on strict proof that they've complied with all (not just some) of their statutory obligations.

At this stage you'll need a Draft Defence to give the court a flavour of what you'll be pleading/arguing once the set aside is granted and the legal proceedings go back to the file-your-Defence stage (then you can file a proper one).

Since this claim is for £20k it will be allocated to the Fast Track where the loser normally has to pay the other side's legal costs so you need to tread carefully.

Here's some information on what lies ahead after a successful set-aside > https://www.justice.gov.uk/courts/pr...rt28/pd_part28

The CCJ will stay on your CRA file until the set aside is sorted, but your employer should be comforted by the fact that you are taking steps to resolve the issue.

Di

- - - Updated - - -

Is it possible to get the any details from anywhere? All i have is a case number which doesn't mention who the claimant is. I am presuming it to be PRA but how can I get confirmation of this in order to ask them to agree to set aside the decision?

Our posts have crossed

Di

[Sunday Morning]

Re: Time To Start Sorting Things Out!

Thanks again Diana

I rang the court and they advised I would need to go through the solicitors to get the details.

I was given the name of Judge and Priestly, a telephone number and a reference.

I was also advised that a warrant or bailiffs order (?)has been issued on 27th July 2017 and that i would need to go back to the court in Luton to get this cancelled as a pre-empt to getting the decision set aside.

[Sunday Morning]

Re: Time To Start Sorting Things Out!

Have rung Judge and Priestly who say they will send me copies of the claim form and of their correspondence, but who say I need to get the court to send me a copy of the default judgement order. I'd already asked the Court for this but was told I had to get it from the solicitor! However, upon the second time of ringing the court I was advised by a kind lady that it was no problem and she took my email address to send it to me.

Unfortunately I will have to wait until I get from home to access my email

While on to J&P she asked on what grounds I would defend it. I was evasive but simply said what I need to see before deciding anything was what all the details were! For example how did a debt of under £14.5k become a judgement of over £20k? She said she thought this would be fees etc, but how can the claim be loaded up by 40% in respect of fees for this claim when the current claim I'm defending is only loaded up by around 7.5%?

[Diana M]

Re: Time To Start Sorting Things Out!

While on to J&P she asked on what grounds I would defend it. I was evasive but simply said what I need to see before deciding anything was what all the details were! For example how did a debt of under £14.5k become a judgement of over £20k? She said she thought this would be fees etc

So Judge & Priestly asked you what your Defence would be and you told them

It's never wise to rehearse your legal arguments with the other side since it only gives them an opportunity to get to work on challenging them and/or source or reconstitute the documentation needed.

Di

[Amethyst]

Re: Time To Start Sorting Things Out!

Sounds like you were pretty vague and just questioning how the amount had increased so not too much info so no need to worry xxx

The claim form should have the breakdown court fees etc on. Your cca and cpr 31/18 requests should get you the full breakdown - as should sending the subject access request to the original creditor.

Just tagging [MENTION=26498]ploddertom[/MENTION] for an idea how to deal with that warrant of control you need to get suspended while you sort the set aside. Did that come up in conversation with j&p at all re suspending it?

[Diana M]

Re: Time To Start Sorting Things Out!

Your cca and cpr 31/18 requests should get you the full breakdown

Unfortunately that can't be done now that there is a CCJ, only after it has been successfully set aside.

Di

[Sunday Morning]

Re: Time To Start Sorting Things Out!

Thanks Amethyst and Diana

I inadvertently mentioned the word "defence" which prompted the J&P question, but thereafter I made out that I really couldn't do or decide anything until I'd seen some details of what the judgement was all about, and cited the difference in the default debit amount and the judgement amount as an example of the detail I needed to see.

Regarding the warrant, this only came up in my conversation with the court on the first call to them. It wasn't mentioned in my discussion with J&P. I must admit though to being a little worried about having giving them my current address to send the documents to. Obviously baliffs are not a worry at the old address which was a property in my name. But I currently pay rent on the share of a flat with a relation of the guy who owns it. I don't know what that means in respect of any rights of access?

[Diana M]

Re: Time To Start Sorting Things Out!

Thanks again Diana
I rang the court and they advised I would need to go through the solicitors to get the details.
I was given the name of Judge and Priestly, a telephone number and a reference.

Never take advice from court staff who are not legally trained.

As it turned out they were wrong and NCCBC should/could and then did send you the information you need.

I'd already asked the Court for this but was told I had to get it from the solicitor! However, upon the second time of ringing the court I was advised by a kind lady that it was no problem and she took my email address to send it to me.

But by then you had inadvertently put J&P solicitors on notice that you may be seeking a set aside since you mentioned the 'Defence' word.

This is not a 'telling off' I simply want to get the message across to anyone else reading your thread who finds themselves in a similar situation to you.

Di

[Sunday Morning]

Re: Time To Start Sorting Things Out!

But by then you had inadvertently put J&P solicitors on notice that you may be seeking a set aside since you mentioned the 'Defence' word.

This is not a 'telling off' I simply want to get the message across to anyone else reading your thread who finds themselves in a similar situation to you.

Di

I appreciate that and regretted it as soon as I'd said it! I should have been on my guard when the first receptionist I spoke to didn't recognise the reference and asked if it was a PRA related case. Then she put me through to a different area!

Having to use my phone because my laptop is coming up with a malware warning when I try to get on here. But the court doc has come though. The award is for £19055.58 for debt (and interest to date of judgement) and £984.52 for costs