*** DISCONTINUED *** PRA Group for Ex MBNA Debt - CCJ Claim Form

[MIKE770]

Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

well done

[Diana M]

Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

Concerned that aspects of my defence may have been lacking in substance such that I might not have been able to mount a successful challenge as LiP I opted to engage forum Members Jo & Di in their professional capacities via Joanna Connolly Solicitors and found their help and advice (at what was a very challenging time health wise) to be invaluable, especially as I was perilously close to the court deadlines.

A revised defence was duly submitted by Jo in March and the case handled by her firm thereafter.

Then out of the blue SUCCESS !!

Today I received an email from Jo containing the latest document received from the court service advising me that PRA Group had discontinued their claim......whoooha!! Rarely could such a simple single page document (Notice of Discontinuance) mean so much to me!! It finally lifts a great weight off my shoulders.....one that on several occasions has made me ill throughout much of this year!

I would now very much like to take this opportunity to thank everyone on the Legal Beagles forum for all of their help and advice especially of course to Jo & Di, who's expertise finally brought closure to this whole distressing (and totally unnecessary) saga.

A very happy and grateful....

PC Pilot

Jo and I are pleased that you're so happy with the outcome after nine long months of fighting.

As soon as I saw the word "Varde" in your first post (and they were not mentioned in the POC) I knew that you would need a bespoke Defence to deal with the assignment chain issue, not a basic template one.

The claim has now been Discontinued and that is the end of the matter since you've filed your Defence. You can finally put this behind you.

Well Done You

Di

(I'll ask @Kati to move this thread to the concluded cases section)

[Amethyst]

Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

That's fabulous news [MENTION=98341]PC Pilot[/MENTION]; and thank you for your kind words. Congratulations xxx

Hi to All,

Sorry that there has been a considerable interval between my last post and this update but I feel it is now appropriate to bring everyone up to date and to share some very welcome news!

Concerned that aspects of my defence may have been lacking in substance such that I might not have been able to mount a successful challenge as LiP I opted to engage forum Members Jo & Di in their professional capacities via Joanna Connolly Solicitors and found their help and advice (at what was a very challenging time health wise) to be invaluable, especially as I was perilously close to the court deadlines.

A revised defence was duly submitted by Jo in March and the case handled by her firm thereafter. Despite various requests for documents (non of which adequately satisfied the information requested of them) PRA Group made clear their intent to pursue the claim and eventually I received a 'Directions Questionnaire' at the end of July seeking my availability for potential future court dates.

Then out of the blue SUCCESS !!

Today I received an email from Jo containing the latest document received from the court service advising me that PRA Group had discontinued their claim......whoooha!! Rarely could such a simple single page document (Notice of Discontinuance) mean so much to me!! It finally lifts a great weight off my shoulders.....one that on several occasions has made me ill throughout much of this year!

I would now very much like to take this opportunity to thank everyone on the Legal Beagles forum for all of their help and advice especially of course to Jo & Di, who's expertise finally brought closure to this whole distressing (and totally unnecessary) saga.

Due mention must also be given to members QC Kate and Charitynjw who's calm and understanding responses at the onset stopped me from panicking and made sure that I got things efficiently underway thus buying me valuable time to take in the magnitude of events. Credit must also go to everyone who (in quite similar circumstances) posted their support and encouragement to my thread, I truly hope you have all had equally good news in respect of your various claims/circumstances.

Finally, thanks to Amethyst for providing this wonderful resource in the first place, without which non of the success would have ever been possible and I would likely be quite ill and considerably out of pocket.....non of it bears thinking about!!

Sufficient to say bless you all for your thankless dedication of behalf of those of us who find ourselves in such a distressing position!!

My sincere thanks,

A very happy and grateful....

PC Pilot

[Diana M]

Re: PRA Group for Ex MBNA Debt - CCJ Claim Form - Received Today 23.02.17 - Issue Dat

As you anticipated I was busy (in court defeating PRA )

I hope you have kicked them into touch

Yes I did

You can read about my case here > http://legalbeagles.info/forums/show...l=1#post723304

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)

Di

[warwick65]

Re: *** DISCONTINUED *** PRA Group for Ex MBNA Debt - CCJ Claim Form

Congratulations to you and I am sure you must be incredibly grateful to Jo and Di for what , no doubt was many hours of background research and work.

You must be so very pleased to have this one behind you

lets hope that the good news keeps flowing

[PC Pilot]

Re: *** DISCONTINUED *** PRA Group for Ex MBNA Debt - CCJ Claim Form

Congratulations to you and I am sure you must be incredibly grateful to Jo and Di for what , no doubt was many hours of background research and work.

You must be so very pleased to have this one behind you

lets hope that the good news keeps flowing

Thanks [MENTION=98117]warwick65[/MENTION] !

Indeed I am incredibly grateful to Jo and Di for all of their hard work and comprehensive research on my behalf.....I am not in good health and like so many on these forums struggled to comprehend why this PRA outfit chose to go after the debt when payments had been made without fail until the collapse of Experto Credite forced closure of the receiving bank account.

Obviously I now understand that any 'arranged payment' can (at any time) be called in by way of CCJ by these parasite institutions irrespective of the distress and misery this brings upon those unfortunate enough to fall victim to their deplorable practices.

As Di so eloquently put it in her post above

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.

many of the cases appearing here on Legal Beagles are not reflective of those "unwilling" to meet their commitments but who as a result of the Banking Industry's greed (which precipitated the Global Credit Crunch in the first place) found themselves dangerously exposed with accrued debt resulting from personal emergencies (in my case costs involved in meeting the care needs of my elderly father who's untimely death precipitated ALL of my problems) and not a wilful, carefree spending spree.

I can only hope, for the sanity of others going through this despicable merry-go-round, that sensible regulation will ultimately be imposed upon the debt collection industry and to call time once and for all upon the shameful practice of selling and re-selling debt over and over again especially where (as in my case) the debt collector does not even own title of the debt they are so intent on vigorously pursuing and in the process creating so much despair and misery.

Probably too much to expect, but as a caring society due consideration should also be taken of the circumstances of the individual and the manner by which the unmanageable debt was accrued in the first place.

I thank you for your kind words and I can only hope as you reflect

"that the good news keeps flowing"

Best regards

PC Pilot

- - - Updated - - -

Jo and I are pleased that you're so happy with the outcome after nine long months of fighting.

As soon as I saw the word "Varde" in your first post (and they were not mentioned in the POC) I knew that you would need a bespoke Defence to deal with the assignment chain issue, not a basic template one.

The claim has now been Discontinued and that is the end of the matter since you've filed your Defence. You can finally put this behind you.

Well Done You

Di

(I'll ask @Kati to move this thread to the concluded cases section)

Thanks Di for your kind words and for all of the hard work put in by Jo and yourself on my behalf.......so very much appreciated

PC Pilot

[Joanna C]

Re: *** DISCONTINUED *** PRA Group for Ex MBNA Debt - CCJ Claim Form

Thanks @warwick65 !

Indeed I am incredibly grateful to Jo and Di for all of their hard work and comprehensive research on my behalf.....I am not in good health and like so many on these forums struggled to comprehend why this PRA outfit chose to go after the debt when payments had been made without fail until the collapse of Experto Credite forced closure of the receiving bank account.

Obviously I now understand that any 'arranged payment' can (at any time) be called in by way of CCJ by these parasite institutions irrespective of the distress and misery this brings upon those unfortunate enough to fall victim to their deplorable practices.

As Di so eloquently put it in her post above many of the cases appearing here on Legal Beagles are not reflective of those "unwilling" to meet their commitments but who as a result of the Banking Industry's greed (which precipitated the Global Credit Crunch in the first place) found themselves dangerously exposed with accrued debt resulting from personal emergencies (in my case costs involved in meeting the care needs of my elderly father who's untimely death precipitated ALL of my problems) and not a wilful, carefree spending spree.

I can only hope, for the sanity of others going through this despicable merry-go-round, that sensible regulation will ultimately be imposed upon the debt collection industry and to call time once and for all upon the shameful practice of selling and re-selling debt over and over again especially where (as in my case) the debt collector does not even own title of the debt they are so intent on vigorously pursuing and in the process creating so much despair and misery.

Probably too much to expect, but as a caring society due consideration should also be taken of the circumstances of the individual and the manner by which the unmanageable debt was accrued in the first place.

I thank you for your kind words and I can only hope as you reflect

Best regards

PC Pilot

- - - Updated - - -



Thanks Di for your kind words and for all of the hard work put in by Jo and yourself on my behalf.......so very much appreciated

PC Pilot

We were pleased to deal with this case for you and bring it to a successflu conclusion for you,