PRA full and final settlement advice

[AFC]

Re: PRA full and final settlement advice

One final thing, should I inform Moneysolve that I am sending these requests? They have been quite persistent in recent weeks of pursuing income/expenditure etc, plus telling me that they will need to inform my creditors of my non compliance if I fail to submit forms within 30 days. It almost feels like they are in cahoots!

[Diana M]

Re: PRA full and final settlement advice

should I inform Moneysolve that I am sending these requests? They have been quite persistent in recent weeks of pursuing income/expenditure etc, plus telling me that they will need to inform my creditors of my non compliance if I fail to submit forms within 30 days. It almost feels like they are in cahoots!

Your paranoia may not be misplaced.

I see no reason for you to tell your DMP provider that you've sent s.77-79 CCA Requests to any of your creditors.

You make them them sound like a cult who won't let you break free after 8 years under their spell!

It's your life and your debt - although from what you say your ex may have been involved at some point along the way

Di

[AFC]

Re: PRA full and final settlement advice

To be honest I was in such a financial mess courtesy of my ex, they did seem like the messiah after they took control of all the calls etc - fast forward 8 years and my credit file is in good shape, I just feel that if I don't 'comply' something is just round the corner to put me back 10 steps. I am aiming to get a mortgage later in the year after 8 years of renting and am worried these DCA's can hinder me.

[Diana M]

Re: PRA full and final settlement advice

should I now be considering sending all of my creditors these requests?
(Lowell, Nationwide credit card, PRA, Capital one, Apex, idem)

Did you make any positive progress with this situation?

Di

[Busymum]

Re: PRA full and final settlement advice

No not at all. They sent me a letter to say they would try to locate the paperwork and have not been in contact with me since then and that was months ago. I really don't know what to do now.

[Diana M]

Re: PRA full and final settlement advice

No not at all. They sent me a letter to say they would try to locate the paperwork and have not been in contact with me since then and that was months ago. I really don't know what to do now.

^ ^ ^ Busymum is this new post to do with your thread here > http://legalbeagles.info/forums/show...572#post728572

This is AFC's thread (or do you post under two different usernames?)

Di

[Busymum]

Re: PRA full and final settlement advice

Sorry just replied to a link I received from you and didn't check the thread in titL

[AFC]

Re: PRA full and final settlement advice

Hi - apologies for the late reply. I am about to send the CCA requests to all of my creditors this week. I have been making hay while the sun shines so to speak and have put my DMC issues to the back of my mind for a while - 6 months on and still they threaten and send the same letters - hot air springs to mind.

[AFC]

Re: PRA full and final settlement advice

Did you make any positive progress with this situation?

Di

Today I received a response from PRA stating that they would put my account on hold until they have investigated my query, and have returned my £1 postal order as a gesture of goodwill???

I have noticed that the original client is marked as "Varde Experto" on the letter - who are they??

[Diana M]

Re: PRA full and final settlement advice

received a response from PRA stating that they would put my account on hold until they have investigated my query, and have returned my £1 postal order as a gesture of goodwill???

I have noticed that the original client is marked as "Varde Experto" on the letter - who are they??

I was hoping you'd ask that question

In my case (and other cases which we've won) PRA were unable to prove the assignment from MBNA to Varde so the claim(s) failed.

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

[AFC]

Re: PRA full and final settlement advice

I was hoping you'd ask that question

In my case (and other cases which we've won) PRA were unable to prove the assignment from MBNA to Varde so the claim(s) failed.






Di

So I'm guessing I just sit and wait for them to reply? I have decided to part company with my DMC and manage my affairs myself - hindsight is wonderful, but I wish I'd had this knowledge 8 years ago.

Thank you for your invaluable advice.