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The default notice is dated the 9th August. If you missed July's payment you are one payment late but because you were paying off arrears then you were almost two payments late; you'd made a partial payment towards it but is considered missed. I'm guessing when you missed July's payment you were in breach of any agreement you had with them on your repayments so they demanded the full amount due under the default.
The termination notice is from September and the contractual arrears is the amount under the default notice plus the payment for September. They then stick a whole load of charges.
Any notice from October is probably including all of the charges and fees' they've applied for the termination.
Personally, I don't think you can argue the default notice side of it.
As for the limitations, they took you to court in 2017 for a loan and that claim was stayed when they couldn't produce the documentation. MC state that their original PoC was for a loan but it's actually an HP agreement and that they actually need to change their PoC to proceed. They would have to apply to change the PoC and lift the stay, that would have to be accepted by the court. It depends on whether the new PoC is radically different from the original. If they had to discontinue, then the SB clock would restart and it would immediately be statute barred since your last payment was July 2013. They know this so will try and keep it within the same claim to avoid that hassle.
Of course, there's always the possibility that the court could refuse to lift the stay. I personally don't see how it's fair to take someone to court and start proceedings without any of the documentation, (let alone getting the fundamentals of the PoC incorrect), and then attempt to lift it nearly 3 years after the whole thing started.
Your position on this is really down to you. Could you afford to offer them a 10% settlement? As in, could you pay it one go?
The termination notice is from September and the contractual arrears is the amount under the default notice plus the payment for September. They then stick a whole load of charges.
Any notice from October is probably including all of the charges and fees' they've applied for the termination.
Personally, I don't think you can argue the default notice side of it.
As for the limitations, they took you to court in 2017 for a loan and that claim was stayed when they couldn't produce the documentation. MC state that their original PoC was for a loan but it's actually an HP agreement and that they actually need to change their PoC to proceed. They would have to apply to change the PoC and lift the stay, that would have to be accepted by the court. It depends on whether the new PoC is radically different from the original. If they had to discontinue, then the SB clock would restart and it would immediately be statute barred since your last payment was July 2013. They know this so will try and keep it within the same claim to avoid that hassle.
Of course, there's always the possibility that the court could refuse to lift the stay. I personally don't see how it's fair to take someone to court and start proceedings without any of the documentation, (let alone getting the fundamentals of the PoC incorrect), and then attempt to lift it nearly 3 years after the whole thing started.
Your position on this is really down to you. Could you afford to offer them a 10% settlement? As in, could you pay it one go?
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