Limitation period confirmed as running from date of Default in CCA cases

[Amethyst]

Doyle v PRA Group (UK) Ltd [2019] EWCA Civ 12 (23 January 2019

http://www.bailii.org/ew/cases/EWCA/Civ/2019/12.html

[charitynjw]

So what do we do with this ruling?
How, if at all, will this affect CCA court claim defences?

& what about proof that the alleged DN was kosher in future CCA claims?

I can see it now.
Claimant's sol to Judge.
We have spoken to the original creditor. & they tell us that Old Henry down in the mail room (he's 87, but still sharp as a tack, M'lud) definitely remembers one being sent out to Dirty Debtor, & he swears that it was compliant as compliant can be!

Judge
If Old Henry says that, that's good enough for me......

Btw, can anyone explain how s6 Limitation Act agreements are 'broadly analogous' to the CCA claim being considered in 'Doyle'?

s6 loans
6(2)(b) does not effectively (whether or not it purports to do so) make the obligation to repay the debt conditional on a demand for repayment made by or on behalf of the creditor or on any other matter;

Isn't a DN a demand? (s6(2)(b) does not specifically state that the whole debt has to be repaid.....would this fall within the 'any other matter' part?).

[pt2537]

So what do we do with this ruling?
How, if at all, will this affect CCA court claim defences?

& what about proof that the alleged DN was kosher in future CCA claims?

I can see it now.
Claimant's sol to Judge.
We have spoken to the original creditor. & they tell us that Old Henry down in the mail room (he's 87, but still sharp as a tack, M'lud) definitely remembers one being sent out to Dirty Debtor, & he swears that it was compliant as compliant can be!

Judge
If Old Henry says that, that's good enough for me......

Btw, can anyone explain how s6 Limitation Act agreements are 'broadly analogous' to the CCA claim being considered in 'Doyle'?

s6 loans
6(2)(b) does not effectively (whether or not it purports to do so) make the obligation to repay the debt conditional on a demand for repayment made by or on behalf of the creditor or on any other matter;

Isn't a DN a demand? (s6(2)(b) does not specifically state that the whole debt has to be repaid.....would this fall within the 'any other matter' part?).

Doyle provides some excellent guidance, companies like Restons who dont plead a default notice at all are facing an automatic strike out lots of positives to take from that ruling

[charitynjw]

Doyle provides some excellent guidance, companies like Restons who dont plead a default notice at all are facing an automatic strike out lots of positives to take from that ruling

Hi pt2537

Bit of a mixed bag, I reckon, but yes.
& as you have mentioned elsewhere (& in the Doyle judgment), the possibility of s140A CCA.

I'm guessing that, as the agreement will have probably been terminated by the original creditor, the assignee can't right a wrong by issuing a compliant DN.
Also, if they don't plead the DN at an early stage, could they (if they realise the mistake), either quickly amend this before serving their statement of case (ie at pre-action protocol), or (if it's worth it) via CPR 17 after serving?

[Amethyst]

National Debtline have updated their advice on Limitations for CCA debts. A little vague but in context makes the relevant point - https://www.nationaldebtline.org/EW/...rred-debt.aspx

The Limitation Act says that the limitation period for simple contract debts is six years.

The cause of action (when the limitation period starts running) for simple contract debts is usually when your agreement says the creditor is able to take court action against you. With some agreements, this will be after a default notice has been sent to you and then expired, contact us for advice.

If your creditor didn’t issue a default notice soon after you missed payments, or if they no longer have any record of whether they ever issued a default notice, contact us for advice.