Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 15-11-2017
[MENTION=110010]Caretaker237[/MENTION] This may be of interest to you if you haven't read it already - http://legalbeagles.info/forums/show...-on-limitation - which agrees with what you have said regards Judge's current viewpoint on the DN being required for cause of action. Hopefully it will go on to be appealed further.
We do now always try and mark cases as discontinued rather than won if they have been discontinued rather than won in court.
Since BMW v Hart the statute barring argument from last payment has been on very thin ice (wrongly IMO) so we've generally tried to ensure it is 6 years from default or termination rather than just last payment if that is the only ground of defence being used.
Caretaker v ( Restons ) ( COA / DN )
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