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  • #1

    Statute Barred date now from date of default

    I saw a tweet from a solicitor today stating that a high court ruling has decided that the SB date is now from the date of a default notice and not date of last payment. Not sure how that would affect people who entered into payment plans after receiving one, would it bring it about sooner?

    Also would this not encourage lenders to not issue a default notice for a long time?

    Have to be honest when I got into a mess my admin was shot to bits so I know when I last paid anything but couldn't tell you default dates, one of mine had the account terminated so no default served at all or to my knowledge with that one ever since.
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  • #2
    intresting, very interesting
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      Originally posted by josefk View Post
      I saw a tweet from a solicitor today stating that a high court ruling has decided that the SB date is now from the date of a default notice and not date of last payment. Not sure how that would affect people who entered into payment plans after receiving one, would it bring it about sooner?
      Also would this not encourage lenders to not issue a default notice for a long time?
      Have to be honest when I got into a mess my admin was shot to bits so I know when I last paid anything but couldn't tell you default dates, one of mine had the account terminated so no default served at all or to my knowledge with that one ever since.
      Personally my approach is as follows
      1/ Last Full Payment date
      2/ Default Notice if any issued? Or perhaps more than one issued? (there might be issues over the validity of a DN? )
      3/ Credit Entry date?
      4 Last acknowledged date of debt (could be by letter, at phone, sms, email, payment)

      My approach is to take the worst possible view of 1/ and or2/ and or 3/ and of 4/ above.
      Be your own devils advocate and if SB best be SILENT.

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      • #4
        Originally posted by Roger View Post

        Personally my approach is as follows
        1/ Last Full Payment date
        2/ Default Notice if any issued? Or perhaps more than one issued? (there might be issues over the validity of a DN? )
        3/ Credit Entry date?
        4 Last acknowledged date of debt (could be by letter, at phone, sms, email, payment)

        My approach is to take the worst possible view of 1/ and or2/ and or 3/ and of 4/ above.
        Be your own devils advocate and if SB best be SILENT.
        Sorry it was court of appeal and not high court.

        case available on Bailii.org. Doyle V PRA Group (UK) Ltd case B22YP133

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        • #5
          correct Judgment available http://www.bailii.org/ew/cases/EWCA/Civ/2019/12.html
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.
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          • #6
            Thank you Josefk for this!
            Originally posted by The Tech Clerk View Post
            correct Judgment available http://www.bailii.org/ew/cases/EWCA/Civ/2019/12.html
            I am aware (in my own Cases) of more than 1 DN being issued by an Original Creditor!

            For myself I think its best to take the worst view of SB date. In Mr Doyle's Case I would have taken the DN date (and that is without knowledge of this judgement) .

            Always best to err on the side of caution and not count the chickens until they are hatched!

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            • #7
              remembering that cause of action, it will have to be pleaded, produced, compliant , many a claim fails to even mention DNs?
              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.
              • 1 like

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              • #8
                The claimants tend to get away with submitting a default notice as evidence in a witness statement rather than having to amend their pleadings
                Legal Disclaimer
                I am a solicitor Advocate who specialises in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedence for creditors compliance with s.77 & s.78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk.

                If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.
                • 2 likes

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                • #9
                  As a result of this case I can see creditors serving further default notices to extend the limitation period - though they will have a problem if the debt has been legally assigned.
                  Legal Disclaimer
                  I am a solicitor Advocate who specialises in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedence for creditors compliance with s.77 & s.78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk.

                  If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.
                  • 2 likes

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                  • #10
                    Does that mean that multiple Default Notices are valid?

                    Alternatively, if an invalid Default Notice is served, and its invalidity raised as a defence, would/could a valid Default Notice overturn the defence and restart the clock?

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                    • #11
                      I would think it means you need to make sure you keep all paperwork to show an earlier DN was issued and not complied with .

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