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'New' Statute barred start date?

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  • 'New' Statute barred start date?


    I saw elswhere a posting about a new standard, decided by the Court of Appeal in 2019 of when the clock starts ticking for the 6 year statute barred limitations.
    It was a little confusing but the 'clock' starts ticking from either the date of the default notice or the date the default notice states payment needs to be made by - im not sure which.

    Can anyone clarify??
    Reference below.
    B e f o r e :


    THE MASTER OF THE ROLLS
    LORD JUSTICE FLAUX
    and
    LORD JUSTICE PETER JACKSON

    ____________________
    Between:
    Christopher DOYLE Appellant
    - and -
    PRA GROUP (UK) LIMITED Respondent
    ____________________

    Thomas Brennan-Banks (instructed by Wannops Law) for the Appellant
    Richard Jones QC and Philip Mantle (instructed by Howell-Jones LLP) for the Respondent
    Hearing date : 16 January 2019




    Tags: None

  • #2
    Logically (I think) the SB clock starts from the date the payment has to be made by, Until that date the account is not in default because it is still correctable by the making of such payment.

    Comment


    • #3
      Default Date means the date on which payment for service fees becomes past due.

      Comment


      • #4
        Originally posted by getsomehelp View Post
        I saw elswhere a posting about a new standard, decided by the Court of Appeal in 2019 of when the clock starts ticking for the 6 year statute barred limitations.
        It was a little confusing but the 'clock' starts ticking from either the date of the default notice or the date the default notice states payment needs to be made by - im not sure which.

        Can anyone clarify??
        Reference below.
        B e f o r e :


        THE MASTER OF THE ROLLS
        LORD JUSTICE FLAUX
        and
        LORD JUSTICE PETER JACKSON

        ____________________
        Between:
        Christopher DOYLE Appellant
        - and -
        PRA GROUP (UK) LIMITED Respondent
        ____________________

        Thomas Brennan-Banks (instructed by Wannops Law) for the Appellant
        Richard Jones QC and Philip Mantle (instructed by Howell-Jones LLP) for the Respondent
        Hearing date : 16 January 2019



        The Judgment was quite clear, Limitation runs from the expiry of the Default notice, that is if the creditor is demanding payment of the full balance on a running account credit agreement at least.
        I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Pt@roachpittis.co.uk .

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.

        Comment

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