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SLL Capital

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  • #31
    Thanks for all the replies and help so far.

    I’ll try and check on the alleged 2014 payment on Monday then respond. Mainly looking to cover the points around:

    the DN being issued so long after a default would have occurred,
    asking for confirmation how the debt was reduced down if only 1 payment made
    the agreement being incomplete and unenforceable ?

    Comment


    • #32
      Unsurprisingly @pt2537 is right, it is rare that he is not.

      It is a fixed term loan agreement. In my view, the consequence is that the cause of action accrued when you failed to discharge the agreement on the due date. At that stage the full outstanding balance fell into arrears. There is no need for a default notice as there is no accelerated recovery or early repayment.

      The recent case of PRA V Doyle will not help them as they needn't have issued a default notice to take action for the debt. That being the case, the agreement expiring over 6 years ago, it is statute barred unless you made a part payment in 2014 or otherwise acknowledge the debt in writing, limitation is pretty much all on whether there was part payment in 2014 bringing cause of action inside of 6 years.
      I am not legally qualified and my comments and observations are not given, nor are they to be taken or relied upon as legal advice. Debt matters are often complex and public forums should not be seen as a substitute for professional legal advice.

      Comment

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