BMW vs Hart and Statute Barred Debts

[nemesis45]

Re: BMW vs Hart and Statute Barred Debts

I have read this very interesting thread and it definitely applies to a leasing loan and not a money loan regulated by CCA. I also note that the floodgates haven't opened yet in creditors trying to circumvent statute of limitations, which makes me wonder if it applies only to leases?

I have a claim against me due to be heard in the CC in a few months where the creditor is using cause of action and going for a summary judgement. As their initial defence was that the agreement allowed this. When my defence showed this to be untrue they then said that as the agreement was never defaulted then the cause of action was on loans maturity date. When I then submitted my new defence showing an attached default notice, they are now alleging that the default notice never was registered.
In court I will show 2 things:

1. The default notice as shown on my Experian file for 6 years.

2. The actual copy of the credit agreement that I kept and didn't send back-unsigned and undated

They have a scanned copy of the same agreement with my signature on. But I suspect this cane from the credit card loan I had with same lender and I took out the loan to repay the credit card balance as it was a lower interest.

I spoke to a solicitor who said that even in statute bar cases judges can rule in favour of creditors because there is no dispute that the money is owed.
What are my chances here and should I talk to a different solicitor?

I would have thought that even if statute bar was allowed to be circumvented here, he who has the actual agreement and unsigned rather than a "true copy" scanned and signed is on the better footing?
Oh and they have overstated the balance owed by 100% as they got their numbers wrong and I have brought this to their attention

Good morning ,welcome to LB.

Point 1. The issue of a default notice is to inform you what May happen if you don't comply with the term laid down in the notice it is Not notice that a default has been registered.

Point 2. Have you made a formal request for a copy of the agreement (CCA Request £1 fee payable)?

The agreement is for a credit card it will say so.

Can you please post copies of the agreements you have in your possession, after removing personal identifiers.

nem

[Amethyst]

Re: BMW vs Hart and Statute Barred Debts

For information - Recent Judgment via Paul & HC

http://legalbeagles.info/forums/show...563#post738563

27 I believe that this is a condition precedent to issuing proceedings that is a procedural requirement and I am satisfied that I prefer the defendant’s argument that the cause of action arose at the time of the breach. To use the words of Taylor LJ, “anything else could be repugnant”.

It is, apparently, being appealled by PRA so watch that space.