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Claim received for 2 cards. Question over last cause of action date

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  • Claim received for 2 cards. Question over last cause of action date

    I received a claim for credit cards.

    Through the disclosure the default notices were sent 31st December 2019 and January 22 2020. They both gave two weeks to remedy the breach. The last payments are confirmed by them in October 2019,

    They issued the claim march 6 2026.

    They are saying they are not statute barred due to it running from 6 years from the last cause of action. The say the defaults were registered with the CRAs in May and June 2020 therefore their claim was in time.

    I am trying to get clarifiction on whether they are statue barred or not. Does the expiry of the time to clear the default notice start the clock or do they have the date they registered with the CRAs? If the latter then in theory they can just file defaults a long time later?

    Thanks for any advice
    Tags: None

  • #2
    Hi Darkstar9

    Welcome to LB

    The whole point of a Default Notice is that gives you notice that you've breached your agreement but they are giving you time
    to rectify the breach.

    The Credit Reference logging of the Default makes other lenders aware that you've defaulted and have an outstanding debt.

    It's once you fail to rectify the breach and they close your account.

    Write back thanking them for their letters. Explain that the Financial Conduct Authority (FCA) requires creditors are to be clear,
    fair, and not misleading in their communications. Under the Consumer Credit Sourcebook (CONC), lenders must not mislead consumers.

    Explain that you are minded to lodge a complaint with the FCA and Trading Standards.

    Comment

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