Car Finance Deficit - Almost 6 years ago.

[ironman]

Re: Car Finance Deficit - Almost 6 years ago.

Then why bother having the statute of limitations??

The creditor will never terminate the account and simply sell the account to a DCA live

[ironman]

Re: Car Finance Deficit - Almost 6 years ago.

Then why bother having the statute of limitations??

The creditor will never Default/Terminate the account and just sell the account to a DCA live

[ironman]

Re: Car Finance Deficit - Almost 6 years ago.

OFT Debt Collection Guidelines

Legal Position

B.1
In England and Wales, statute barred debts are governed by the
Limitation Act 1980 and the limitation period is generally 6 years

The debt has not been acknowledged by, or on behalf of, the
debtor in The relevant limitation period


A relevant acknowledgement will normally be made by performance
of the debtor (or his representative). For example, by making
Payments or by making an unequivocal written admission clearly
Acknowledging that the obligation still subsist

[Guest]

Re: Car Finance Deficit - Almost 6 years ago.

There is a thread on here that gois into this including the full SB situation, the acknowledgment is just section 29 the COA is section 5.

It is the cause of action which will be in question in regards to the OP, the point regarding the issuance of a DN is well taken and is brought up in several analysis's of the BMW case, however there is still the matter of the termination of the agreement, or more accurately when the creditor can terminate.

The OP will have to argue that the OP was entitled to terminate the agreement after one missed payment and did not, and that this was the cause of action.

[ironman]

Re: Car Finance Deficit - Almost 6 years ago.

But under simple contract, any breach of whatever agreement will allow the other party for immediate redress unless expressly written into the contract.

That is normally a penalty clause

If a link to that thread is avaliable i would be much obliged for the link

[Guest]

Re: Car Finance Deficit - Almost 6 years ago.

But under simple contract, any breach of whatever agreement will allow the other party for immediate redress unless expressly written into the contract.

That is normally a penalty clause

If a link to that thread is avaliable i would be much obliged for the link

On a crdit agreement a missing single payment does not usually permit the creditor to terminate, it is usually classed as a contractual beach only and for that of course there can only be proportionate remedies otherwise tit would be a penalty and unenforceable in law/

See case of Reeves v Butcher [1891] 2 QB 509

[Guest]

Re: Car Finance Deficit - Almost 6 years ago.

http://www.legalbeagles.info/forums/...ion&highlight=

[exa3z]

Re: Car Finance Deficit - Almost 6 years ago.

Never thought I'd be saying this, but this is actually quite interesting.

Came across this on the BMW case, however it doesn't seem that was regulated by the CCA, whereas the agreement in question probably is.

So am a bit confused as to where to go from here. I need to file a defence by 01/08/2014. So am I right in saying that if I file defence claiming the debt is SBd, that the creditor then has to prove that it is not ?

There is a thread on here that gois into this including the full SB situation, the acknowledgment is just section 29 the COA is section 5.

It is the cause of action which will be in question in regards to the OP, the point regarding the issuance of a DN is well taken and is brought up in several analysis's of the BMW case, however there is still the matter of the termination of the agreement, or more accurately when the creditor can terminate.

The OP will have to argue that the OP was entitled to terminate the agreement after one missed payment and did not, and that this was the cause of action.

So are you saying that the creditor was possibly not entitled to terminate the agreement after the debtor missing only 1 payment ?

Many thanks for all of this.

[ironman]

Re: Car Finance Deficit - Almost 6 years ago.

Then why bother having the statute of limitations??

The creditor will never Default/Terminate the account and just sell the account to a DCA live

[exa3z]

Re: Car Finance Deficit - Almost 6 years ago.

I've got a week left to file a defence for this. What would be the best course of action, to defend it under statute barred ?

[exa3z]

Re: Car Finance Deficit - Almost 6 years ago.

Im about to file my defence for this.

What wording would be best:-

Under section 5 of the limitation act 1980, this debt is statute barred due to no written acknowledgment or payment made by myself to the account detailed in the particulars of claim within the last six years.

Or:-

1 The Claimant's claim was issued on (date).

2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

Any comments would be appreciated,

Also, do I need to send a copy of my defence to the solicitor or will the court forward my defence once filed to them ?

Thanks.

[exa3z]

Re: Car Finance Deficit - Almost 6 years ago.

Well I have a hearing soon. As expected the creditor is claiming that the statute barred date runs from the termination date, and that they are within 2 days of the 6 year period.

Any advise on what to expect at the hearing ?

Thanks.