Aktiv Kaptil then the PRA Group, its a shame Aktiv werent more active and the PRA wer

[pt2537]

Around 2 weeks ago we attended a trial in a small claims case, the matter involved Aktiv Kapital AS Zug Branch which had transferred title of the debt to the PRA Group (UK) Ltd.
The client was quite prepared to settle the matter, indeed offers were put forward which the PRA groups lawyers rejected. The clients defence needed amending, so we pointed out that settlement would surely be a better option than going to Court, indeed the parties had a duty to avoid Court where possible.
The Claimant was seeking sums which simply weren’t payable, interest which it wasn’t entitled to due to the statutory prohibition where debts relate to the Consumer Credit Act 1974 etc. Plus we had identified numerous errors which the Claimant would have to put right first before they would be entitled to succeed on their claim in any event, and of course to put those errors right they would have to spend considerable amounts on lawyers fees etc.
Bizarrely the Claimants solicitors stated words to the effect that because their client was funded by a CFA or equivalent then they weren’t in effect concerned about settling. What a stupid thing to put in writing!!!
So, the amended Defence was put into play, we drafted it ourselves to keep costs to a minimum, and we took the clients witness statement and lodged it with the Court.
The Claimants evidence was awful, it exhibited grossly illegible documents in fact it brought back to me the BBC interview i gave in 2011 about this exact issue which is still live today. My BBC interview can be found here
So the matter went to trial, we highlighted to the Claimant on numerous occasions that section 78 had not been complied with so they couldnt win.
At the trial, the claim was dismissed and the clear message to those debt purchasers is dont be stupid, when someone offers to pay, take it, or get your ass kicked in court and embarrassed in public.
I wish to convey many thanks to Mr Thomas Brennan who is a barrister that has worked with me on a number of successful cases and provided the advocacy on this matter for the client.



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[Amethyst]

Re: Aktiv Kaptil then the PRA Group, its a shame Aktiv werent more active and the PRA

Well done It amazes me the banks still seem unable to comply with s.78 in so many cases, in fact most of the cases on here are discontinued/won precisely because they can't. Good to read the BBC article on Harrison again - hard to believe that was 4 years ago !

[Nibbler]

Re: Aktiv Kaptil then the PRA Group, its a shame Aktiv werent more active and the PRA

Amazes me, but does not surprise me, IYSWIM.

[pt2537]

Re: Aktiv Kaptil then the PRA Group, its a shame Aktiv werent more active and the PRA

What amazes me more, is the amount of people who have been in touch after losing, when the documents have been so appalling. The client in this case was warned by the Judge that their case was in difficulty at a CMC if i recall correctly, and this was what drove them to look at settling.

It is the lack of knowledge of the law, and the lack of understanding which is causing consumers defeat. I dont think me and tom have lost a case this year, and we have been involved in quite a few, but its because we have set the cases up properly and done everything right which has led to those results.

But it still shows even 5 years on from Harrison, and longer on some of my cases such as cresswell for example, creditors cant get it right and the banks arent keeping g ood enough records either

[basa48]

Re: Aktiv Kaptil then the PRA Group, its a shame Aktiv werent more active and the PRA

Indeed the more I read on forums is that the debtor loses rather than the creditor winning, if you see what I mean.

[pt2537]

Re: Aktiv Kaptil then the PRA Group, its a shame Aktiv werent more active and the PRA

Indeed the more I read on forums is that the debtor loses rather than the creditor winning, if you see what I mean.

indeed, in this case, Aktiv were their own worst enemies to be honest.

Clearly little thought went into this case from their side.

[basa48]

Re: Aktiv Kaptil then the PRA Group, its a shame Aktiv werent more active and the PRA

I have to assume the the Banks/DCAs are plain lazy. A pure guess but I expect a majority of delinquent accounts are relatively easily collected due to the debtor being frightened or simply ignorant of ways to defend. Enough to make it not worthwhile chasing the awkward debtors who inhabit forums like this !!

I had three quite large credit card debts any one of which might have been difficult for me to defend, but the DCAs were relatively easily put off by one or two carefully worded letters although to be honest some of my letters in the early days were quite nieve in their content.

[seduraed]

Re: Aktiv Kaptil then the PRA Group, its a shame Aktiv werent more active and the PRA

when I worked in debt recover I was always willing to settle . The better half a loaf principal is a very good one .

[FlamingParrot]

Re: Aktiv Kaptil then the PRA Group, its a shame Aktiv werent more active and the PRA

I have to assume the the Banks/DCAs are plain lazy. A pure guess but I expect a majority of delinquent accounts are relatively easily collected due to the debtor being frightened or simply ignorant of ways to defend. Enough to make it not worthwhile chasing the awkward debtors who inhabit forums like this !!

The DCAs get paid if they collect, so they concentrate their efforts where they can see they are going to get somewhere as opposed to people like us who challenge them and dispute the accounts.

I had three quite large credit card debts any one of which might have been difficult for me to defend, but the DCAs were relatively easily put off by one or two carefully worded letters although to be honest some of my letters in the early days were quite nieve in their content.

Same here.