**DISMISSED** Pra group lifted the court stay i defended on money claim on line

[Darren104]

Pra group submitted a claim against me through the money claim on line site march 2016 i defended the claim by denying that i owed the debt as i had not received any statements of accounts, deed of assignments, credit card agreements etc.

Pra group did not respond to my defence within the time scale so the case was stayed. In the mean time they have now sent me the information, except the deed of assignment, because they say it is too confidential and are not obliged to send me it.

They have applied to northampton to have the stay lifted march 2017 and has been granted by the court.
I have now received papers from the court asking me to complete a notice of proposed allocation to small claims track . The claimant pra group wants the case to be heard without a hearing.

The debt was originally with mbna 2006 credit card where i defaulted and was on a debt management plan.
They sold it to a company called experto credit, then experto credit sold it onto activ kapital. I wrote to aktiv kapital asking for the original credit agreement and deed of assignment, which they admitted they could not provide. I heard nothing for a few years so assumed this was the end of the matter. All of a sudden pra group who must have bought the debt off aktiv kapital - hence the position i am in now with court action.

Amongs the court papers there is the option of a mediation service, but i would rather hope the debt would of been written off but its showed its ugly head. Please help

[Diana M]

Re: Pra group lifted the court stay i defended on money claim on line

Hello

I note that you mention both Experto Credite and Aktiv Kapital in the chain of events but does the name Varde also ring a bell?

Have a read of this thread and I'll pop back to ask you some more questions tomorrow in the hope that here may be some parallels to share.

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: http://legalbeagles.info/forums/show...l=1#post723304

I look forward to helping you.

Di

[Diana M]

Re: Pra group lifted the court stay i defended on money claim on line

except the deed of assignment, because they say it is too confidential and are not obliged to send me it.

Well they would say that wouldn't they.

The Deed of Assignment may be crucial to your defence.

My firm forces disclosure of the Deed (even though we have it ) . You may need to do the same.

What is the disputed sum in this claim?

Di

[Diana M]

Re: Pra group lifted the court stay i defended on money claim on line

I defended the claim by denying that i owed the debt as i had not received any statements of accounts, deed of assignments, credit card agreements etc.

Did you send a formal s 77-79 CCA Request to PRA together with the £1 statutory fee?

If not then you may need to do that asap.

Di

[Diana M]

Re: Pra group lifted the court stay i defended on money claim on line

they have now sent me the information . . . .

They have applied to northampton to have the stay lifted march 2017 and has been granted by the court.
I have now received papers from the court asking me to complete a notice of proposed allocation to small claims track . The claimant pra group wants the case to be heard without a hearing.

Do you mean that the Claimant has made an Application to lift the stay AND also an application for a Summary Judgment to strike out your defence since they have now produced some documents?

I ask because you say the Claimant is happy to progress things without a hearing.

Or have you received a Directions Questionnaire from NCCBC not your local county court?

Or have you received a Notice of Hearing from your local county court and a copy of the Claimant's Application/Witness Statement etc?

Di

[percival]

Re: Pra group lifted the court stay i defended on money claim on line

#Tag/dave

[Darren104]

Re: Pra group lifted the court stay i defended on money claim on line

Hello thanks for your interest diane, it was my mistake the company was varde experto and not experto credit sorry. I will have a good read of the post later. Thank you daz

hello

i note that you mention both experto credite and aktiv kapital in the chain of events but does the name varde also ring a bell?

Have a read of this thread and i'll pop back to ask you some more questions tomorrow in the hope that here may be some parallels to share.






Link: http://legalbeagles.info/forums/show...l=1#post723304

i look forward to helping you.

Di

[Darren104]

Re: Pra group lifted the court stay i defended on money claim on line

yES I SENT THAT CHEQUE FOR £1 ASKING FOR THE CCA AND OTHER DOCUMENTS AND THEY SENT A LETTER BACK AND RETURNING MY CHEQUE AS THEY SAID THEY DID NOT REQUIRE THIS FOR THE REQUIRED INFORMATION.

SHALL I COPY ALL THE LETTERS AND CORRESPONDENCE AND POST THEM ON HERE IF IT HELPS.

[Diana M]

Re: Pra group lifted the court stay i defended on money claim on line

#Tag/dave

Who's dave?

Di

[Amethyst]

Re: Pra group lifted the court stay i defended on money claim on line

[MENTION=107139]percival[/MENTION] is Dave...

( Dave - to tag it's. @ then the user name - followed by a semi colon ; )

[Diana M]

Re: Pra group lifted the court stay i defended on money claim on line

it was my mistake the company was varde experto and not experto credit .

You didn't make a mistake but PRA may have made a mistake if they left the assignment to Varde off the Particulars of Claim which I see happen - perhaps unintentionally or perhaps not.

Experto Credite were managing the accounts for both Varde and Aktiv Kapital so it wasn't always obvious to the debtor when it went from one to the other (assignment issues).

I wouldn't post the correspondence on a forum since I know they read them. Keep it to yourself for now.

Can you clarify whether you have received a Directions Questionnaire or an Application for a Summary Judgment to strike out your Defence?

Di

[Diana M]

Re: Pra group lifted the court stay i defended on money claim on line

@percival is Dave...

( Dave - to tag it's. @ then the user name - followed by a semi colon ; )

I couldn't figure out why they had been tagged on this thread about a PRA claim with assignment issues.

Di

[Darren104]

Re: Pra group lifted the court stay i defended on money claim on line

You didn't make a mistake but PRA may have made a mistake if they left the assignment to Varde off the Particulars of Claim which I see happen - perhaps unintentionally or perhaps not.

Experto Credite were managing the accounts for both Varde and Aktiv Kapital so it wasn't always obvious to the debtor when it went from one to the other (assignment issues).

I wouldn't post the correspondence on a forum since I know they read them. Keep it to yourself for now.

Can you clarify whether you have received a Directions Questionnaire or an Application for a Summary Judgment to strike out your Defence?

Di

The debt was £4226.49 and they have added interest making it £4874 plus £185 court fee and £80 for legal representative totaling I £5139.49. This makes me sick because when i was originally with MBNA i paid no interest because it was frozen as i was on a Debt management plan. I have already defended this claim and Pra Group did not respond in time so i though i had won the case. 12 months later they have had the stay lifted and the directions questionnaire has been granted. This Pra Group are gunning for me. I have to complete a Directions questionnaire (small claims track) and it worry's me as i don't like courts i get really nervous and anxious. Does my case all hinge on whether they can produce a deed of assignment. What if they can? I was also told that even if they have not got a deed of assignment the judge can still judge in their favor. I also have the opportunity to settle the case via mediation. What do you think?

[Darren104]

Re: Pra group lifted the court stay i defended on money claim on line

No Pra just sent me the documents through the post, and i dont think they have sent anything to the court yet.
They have sent me a load of statements that dont seem to go in some sort of chronological order, payments that i have made over the years. plus they sent me the credit card agreement where i can see it was ticked in the terms conditions box. Must have done it on line. This was 01/01/2006. Pra also seem to think or they have got mixed up by saying i took this agreement out with Varde Experto. i didnt it was Alliance and Leicester (MBNA) and they sold it to Experto Credite or Varde Experto. I personally think the deed of assignment is missing because when i originally asked Aktiv Kapital to supply it they sent me a letter saying they could not locate it or could not get it off Varde.

[Diana M]

Re: Pra group lifted the court stay i defended on money claim on line

I was also told that even if they have not got a deed of assignment the judge can still judge in their favor. I also have the opportunity to settle the case via mediation. What do you think?

I think you've been talking to the wrong people

If PRA can't prove the assignment then how can a judge rule in their favour! Read post # 2 again and also read the link to my case.

No one likes being in court except lawyers. The aim should be to dispose of a claim before it gets that far. The goal is a Discontinuance. PRA aren't gunning for you (personally) they're extremely litigious so issue claims by the bucket load.

Have PRA instructed solicitors to deal with this claim such as Judge and Priestley or Howell Jones? Or is it being dealt with in-house?

What is the deadline for filing your DQ?

Di