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Restons letter Court claim - stat barred?

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  • #31
    Re: Restons letter Court claim - stat barred?

    Originally posted by Mickkk View Post
    Yes di , so what does it mean
    they are unlicensed ?
    can they not proceed.
    it is currently stayed yes
    under the Consumer Credit Act 1974 a creditor had to hold an Office of Fair Trading licence. When the regime moved over to the FCA it became necessary for companies to hold an authorisation from the FCA, Cabot do not hold the necessary permission which means they may be committing a criminal offence if they undertake regulated activities without permission.
    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


    • #32
      Re: Restons letter Court claim - stat barred?

      If this claim has been allowed to remain stayed for over a year then id also look at arguing that the claim has become stale, notwithstanding the limitation issues, id argue that Laches applies too. I had Lowells struck out on exactly that point recently so its certainly something the Courts will look at and consider
      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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