Court tomorrow - please help?

Just_Di

versace1888 wrote: »

Thanks Di! My husband actually referenced your case in the last hearing and the judge asked him to bring information regarding it today!

Reading this post again it seems you are saying that the Judge told your husband to bring "information" (i.e. evidence) to the court Hearing today not 14 days ago. Is that correct?

Perhaps PRA's solicitosr are trying to argue that they need time to consider the contents of any new evidence your husband produces today since they didn't get it (the evidence) 14 days ago (there may be a Scottish CPR or similar about that).

If the Judge told your Husband to bring the evidence today then it appears he may not have breached any court Order.

Perhaps PRA will seek an adjournment to consider this new evidence.

I'm boxing in the dark so can only make suggestions on what you've posted on your thread in relation to your husband's case.

Di

Just_Di

versace1888 wrote: »

my husband has spoken with mbna over the phone who has confirmed that is is governed by the country you live in, which would mean the debt is extinguished as we live in scotland.

. . . . We are now due in court tomorrow morning, and pra solicitor has contacted us saying it's in both our best interests to cancel court tomorrow and give them 56 days so they can liaise with mbna and giving pra time to investigate further or build their case

^ ^ ^ this post now makes sense in the light of what you have subsequently posted.

You need to decide whether it is a good or bad thing to consent to an Adjournment.

That may depend on the 'quality' of the evidence your husband intends to submit today.

If it's just him telling the court what MBNA told him on the phone then the Judge may need written evidence to back that up. If your husband has asked MBNA to confirm what they told him in writing but that hasn't arrived yet then consider whether an Adjournment is the right thing if the Judge won't listen to your husband's version of events on the phone.

If you do live to fight another day then I strongly suggest you send a Subject Access Request to MBNA asap to get the full history of this account so it can be produced as evidence in black and white. Ideally as a WS from MBNA but I doubt they would be willing for obvious reasons

Di

versace1888

I am pleased to say that the judge dismissed the case :-) due to the fact that PRA group hadn't supplied an original signed agreement, when probed the solicitor said they didn't have one and weren't likely to produce one. He ordered them to pay our costs and suggested that they should have brought the original agreement.

The judge said to be fair to them they are still able to re-apply to go through the procedure again (as a new case) but as far as he is concerned they were unable to provide the information their case was based on, so we are hoping that now he has dismissed it they now won't come after us again, and finally we have an end to this stressful situation.

Thank you so much everyone for your support and advice.

iolanthe07

Good result, and thanks for telling us the conclusion. So many posters don't bother.

Just_Di

versace1888 wrote: »

I am pleased to say that the judge dismissed the case :-) due to the fact that PRA group hadn't supplied an original signed agreement, when probed the solicitor said they didn't have one and weren't likely to produce one. He ordered them to pay our costs and suggested that they should have brought the original agreement.

Yay!

That's excellent news

I don't know when/what year your husband's account was opened but in my case (PRA v Diana Mayhew) they produced an agreement with my signature on it, but still the Recorder (Judge) ruled it irredeemably unenforceable.

I'm also glad that PRA were ordered to pay your costs. Get someone to help you calculate those. Even though you didn't instruct solicitors you will have expenses and time spent preparing your case (including three Hearings). In the English court system a LIP (Litigant in Person) can charge £19 per hour for their time but I don't know how it works in Scotland.

Thank goodness it's over. I'm so happy for you.

Di

PS did the Judge also rule on the Statute Barred argument?