Restons Solicitors & ME 111 Ltd.

[reptile]

Re: Restons Solicitors & ME 111 Ltd.

I have penned a response, what do you think?

Is it too provocative?

I am prepared to fight this all the way, I think what they are doing is wrong.

Thank you for any advice you can give me, I am very grateful!

Thank you

Reptile

[reptile]

Re: Restons Solicitors & ME 111 Ltd.

Link?

I think this may be referring to a default with a Credit Reference Agency.

The link to the quote would be of assistance.

If so, a very different animal to a CCA default.

Sorry, I miss read your post.

The link can be found here, https://ico.org.uk/for-organisations/finance/

It links to here, http://www.scoronline.co.uk/sites/de...ment_final.pdf

I have successfully used this to get a Lloyds bank default removed where the default was registered two years after the account relationship had "obviously" broken down. There was little argument, one letter and they agreed.

[charitynjw]

Re: Restons Solicitors & ME 111 Ltd.

Sorry, I miss read your post.

The link can be found here, https://ico.org.uk/for-organisations/finance/

It links to here, http://www.scoronline.co.uk/sites/de...ment_final.pdf

I have successfully used this to get a Lloyds bank default removed where the default was registered two years after the account relationship had "obviously" broken down. There was little argument, one letter and they agreed.

Hi reptile

A 'default' on your credit file has little to do with your court case (though of course it can be dealt with at the same time as dealing with the claim).

The court claim, imho, should take precedence in order of priority.

[reptile]

Re: Restons Solicitors & ME 111 Ltd.

I appreciate that the Credit file default has little to do with the court case.

It is still unreasonable that the length of time from the last payment to the account and the account being terminated was over two years.

This is unreasonable and contra to the linked ICO guidines. It was obvious to a reasonable person that the account relationship was broken down and should have been terminated after no more than six months.

[reptile]

Re: Restons Solicitors & ME 111 Ltd.

Can somebody please explain to me why the limitations act seems to have no relevance in this case?

In most other "statute barred" claims on this site it seems to be key but in my case it seems to have no relevance?

I was under the impression that providing there had been no payment or acknowledgement on account then the case is automatically unenforceable. There is nothing that I can find that says the account also had to be terminated over six ago too?

Is there any legislation that I can be linked to please?

Thank you for your help, I really appreciate it.

Reptile

[charitynjw]

Re: Restons Solicitors & ME 111 Ltd.

http://www.legislation.gov.uk/ukpga/1980/58/section/5

5 Time limit for actions founded on simple contract.

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

[reptile]

Re: Restons Solicitors & ME 111 Ltd.

So is that it, it is categorically not statute barred?

I am so confused.

Reptile

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Nemesis45 had predicted that;

"I have no doubt that the claimant is relying on the Appeal Court Judgment in BMW Finance Ltd. - v - Hart in which their Lordships decided that the " cause of action " was the date when the agreement was terminated. ( However I believe thoughts on the judgment have moderated this)."

Has this ever been used to successfully issue a CCJ in court?

Has this been defended against before?

Thank you

Reptile

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I had read that the BMW case was unique because the T&C's specifically allowed for the termination to be the last cause of action. Is that relevant? I will try and find the link.

[charitynjw]

Re: Restons Solicitors & ME 111 Ltd.

So is that it, it is categorically not statute barred?

I am so confused.

Reptile

- - - Updated - - -

Nemesis45 had predicted that;

"I have no doubt that the claimant is relying on the Appeal Court Judgment in BMW Finance Ltd. - v - Hart in which their Lordships decided that the " cause of action " was the date when the agreement was terminated. ( However I believe thoughts on the judgment have moderated this)."

Has this ever been used to successfully issue a CCJ in court?

Has this been defended against before?

Thank you

Reptile

- - - Updated - - -

I had read that the BMW case was unique because the T&C's specifically allowed for the termination to be the last cause of action. Is that relevant? I will try and find the link.

Is there clause in your T&Cs which relates to the time in which a default/termination can be issued?

You could also counter-argue Swansea City Council-v-Glass

[reptile]

Re: Restons Solicitors & ME 111 Ltd.

I don't know, I don't have my T&C's.

I have done a DPA request to Black Horse.

Would there normally be one in a loan agreement?

Thank you

[reptile]

Re: Restons Solicitors & ME 111 Ltd.

Hmm, it appears I do have them!

They were on the back of the agreement.

What am I looking for?

[nemesis45]

Re: Restons Solicitors & ME 111 Ltd.

I think that a default placed and registered with credit reference agencies in 2007 should not result in termination some 3+ years later despite BMW Finance Ltd. - v - Hart it is manifestly unfair.

A complaint to the ICO ??

nem

[charitynjw]

Re: Restons Solicitors & ME 111 Ltd.

#5 on the T&Cs, I guess.

DNs usually are sent by the creditor/owner a month or so after the last defaulted payment.

Btw, are the T&Cs which you posted the original ones at inception, or are they a later variation?

[reptile]

Re: Restons Solicitors & ME 111 Ltd.

I think that a default placed and registered with credit reference agencies in 2007 should not result in termination some 3+ years later despite BMW Finance Ltd. - v - Hart it is manifestly unfair.

A complaint to the ICO ??

nem

I will pen a complaint to the ICO.

Would it be an idea to copy Restons and ME III in on the letter?

I shall post it up on here for your thoughts if I may once i have done it?

Thank you

Reptile

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#5 on the T&Cs, I guess.

DNs usually are sent by the creditor/owner a month or so after the last defaulted payment.

Btw, are the T&Cs which you posted the original ones at inception, or are they a later variation?

The default date isn't in question though?

It is the length of time from the default to the termination of account.

The T&C's are on the back of the original signed agreement that I received from black horse when the agreement was set up.

Thank you

Reptile

[nemesis45]

Re: Restons Solicitors & ME 111 Ltd.

I will pen a complaint to the ICO.

Would it be an idea to copy Restons and ME III in on the letter?

I shall post it up on here for your thoughts if I may once i have done it?

Thank you

Reptile

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The default date isn't in question though?

It is the length of time from the default to the termination of account.

The T&C's are on the back of the original signed agreement that I received from black horse when the agreement was set up.

Thank you

Reptile

Yes please post a copy of the complaint, as said by [MENTION=5553]charitynjw[/MENTION] sect. 5 seems to be all there is on termination/default very sparse imo.

The length of time from default to termination is imo manifestly unfair and can be construed as a deliberate attempt to thwart and claim that the alleged debt has become statue barred.

nem

[charitynjw]

Re: Restons Solicitors & ME 111 Ltd.

I will pen a complaint to the ICO.

Would it be an idea to copy Restons and ME III in on the letter?

I shall post it up on here for your thoughts if I may once i have done it?

Thank you

Reptile

- - - Updated - - -



The default date isn't in question though?

It is the length of time from the default to the termination of account.

The T&C's are on the back of the original signed agreement that I received from black horse when the agreement was set up.

Thank you

Reptile

It will be for you to convincingly argue the date when the cause of action accrued (as highlighted, post #21)