Connolly Solicitors making good progress with consumer credit appeals
Some of the more interesting cases that we have been involved with... MFS Portfolio Ltd v Phelan West (2019) (Cambridge County Court) – We were unsuccessful at first instance and the Claimant obtained judgment against our client. The judgment was successfully appealed after a four-day appeal before HHJ Walden Smith on the issue of assignment and the current account overdraft itself was declared to be unenforceable under s.127(3) the Consumer Credit Act 1974.
The issue of the applicability of the exemption in paragraph 55 of the Schedule to the Financial Services and Markets Act 2000 (Exemption) Order 2001 still needs to be determined at a higher court.
Lowell Portfolio 1 Ltd v R (2019) (Oxford County Court) successful appeal – although not pleaded in litigant in person. Defence - claimant had not complied with s.78 CCA 1974 and no evidence that a compliant default notice was served.
H v Promontoria (Chestnut) Limited – High Court (Rolls Building) – ( Barling J – on appeal from DDJ Wright, Liverpool County Court) (2019) applications for permission to appeal a lower court decision not to set aside the statutory demand, to extend the time for appealing and rely on a ground that had not been disputed in the court below. Appellant granted permission to appeal on the issue of whether the respondent, an assignee, had title to the debt.
National Westminster Bank Plc v Chen (2018) (Dudley County Court): Successfully set aside a summary judgment for over £22,000 in an application where the defendant had delayed in making an application to set aside the judgment upon receiving notice of a final charging order during enforcement proceedings.
Wright v Emirates NBD PJSC (Manchester County Court) Successful in setting aside a statutory demand issued for an Emirates credit card debt.
PRA Group (UK) Limited v Cliff (2018) (Peterborough County Court ) Successfully appealed the decision in the 2 preliminary issues of defective default notice and noncompliance with s.78 CCA 1974. Claim dismissed.
IDR Finance UK Limited v Harris (2018) – (Southend County Court) we successfully defended this three day multi-track Consumer Credit Act case before HHJ Auerbach. Issues regarding assignment, enforceability of credit agreement, invalidity of the default and termination notices, failure to comply with a Section 78 CCA 1974 request. The case is also notable for a preliminary decision by the Circuit Judge that posts made on the online consumer rights forum Legal Beagles were not protected by privilege and could be relied upon by the claimant.
PRA Group (UK) Limited v Boorman (2017) (Brighton County Court) PRA had obtained judgment in the lower court. Permission to appeal was initially refused by HHJ Simpkiss on paper but subsequently granted at an oral reconsideration hearing before HHJ Coltart. Two day appeal took before HHJ Simpkiss who allowed the appeal and dismissed the claim as he found that PRA were unable to prove that title had been assigned to them
PRA Group (UK ) Limited v Mayhew (2017) (Central London County Court) – Recorder Bellamy in PRA Group (UK) Limited v Mayhew, at the end of a three day multi track trial, dismissed PRA’s claim against our client as he found the reconstituted MBNA credit card agreements to be irredeemably unenforceable and that the unredacted Deeds of Assignment had not proved an assignment from MBNA to PRA.