statute barred defence

[macredcar]

hi again i have now received all of the paperwork from bw legal that they are using in court, they claim that the cause of action is when the default notice was registered on my credit file (february 2013) and not when it was issued (october 2012) can any1 clarify this for me please

[lgfa92]

hi again i have now received all of the paperwork from bw legal that they are using in court, they claim that the cause of action is when the default notice was registered on my credit file (february 2013) and not when it was issued (october 2012) can any1 clarify this for me please

If it's a default notice under s87 of the Consumer Credit Act then possibly.

There was a relatively recent case in respect of a credit card debt (but it should be arguable in other similar cases) that found the 'cause of action' accrued at the date of the end of the period specified in the default notice. What date was this in your case ?
https://www.addleshawgoddard.com/en/...stopher-doyle/

[macredcar]

it is a default notice under section 87 (1) dated 14 october 2012 it then says to remedy this i am required to pay by 14 november 2012 default was registered on my credit file 01 february 2013 and northampton court claim was issued 01 november 2018
not sure if this is relevnt or not but the default notice is not a copy of the original but reconstituted

[lgfa92]

it is a default notice under section 87 (1) dated 14 october 2012 it then says to remedy this i am required to pay by 14 november 2012 default was registered on my credit file 01 february 2013 and northampton court claim was issued 01 november 2018
not sure if this is relevnt or not but the default notice is not a copy of the original but reconstituted

In the opinion of the Court of Appeal in the linked case then it would appear that they would regard the date as 14 November 2012 in respect of the start of the Limitation Act period so I'd certainly think it's worth looking at further - nothing to lose.

[pt2537]

In the opinion of the Court of Appeal in the linked case then it would appear that they would regard the date as 14 November 2012 in respect of the start of the Limitation Act period so I'd certainly think it's worth looking at further - nothing to lose.

On a payday loan , they are repayable at the end of the term, if it is a one month loan then after one month you are obliged to pay, thus you DO NOT need a default notice, it is a red herring, you only need a default if you wish to take advantage of the provisions set out in ss87(1) CCA 1974, you dont need a default notice for a short term loan unless you wish to call it in early, for example say you have a 6 month loan, 3 months in you fail to pay. Default needed? Yes. Lets say however you dont pay the last payment, default notice needed now? Nope, the term has expired.