Lowell statue barred case dismissed by judge

charitynjw

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#16

10th November 2016, 11:40:AM

Re: Lowell statue barred case dismissed by judge

Originally posted by Nibbler View Post

ICO guidance is in relation to a default on your credit files, not a default notice under a CCA or contract. While there can be a relation between the two in timing in a practical sense in many cases, they are distinctly different legal issues and entities.

The timing of a credit file default and the ICO's opinion on when that should fairly happen under the DPA prescribes no legal limit on when a creditor must issue a DN under the CCA for example.

So even if you extrapolate the faulty logic of applying BMW vs Hart to CCA agreements (cards/catalogues etc), the ICO guidelines on when a credit file default should be applied have no bearing on the cause of action in a Limitation Act case.

This was my thought (honest, guv'nor!).
I couldn't quite see the legal application of the ICO/DPA to the Limitation Act or the CCA.

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