Erudio Claim Form - old student loans

[dx100uk]

defence due by 4pm 5th

but as this is statute barred

there is no need to wait.

 

The following defence is all you need if it is SB

 1 The Claimant's claim was issued on (insert date).

 2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. 
.
If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.
.
 3 The Claimant's claim to be entitled to payment of £[insert figure from their POC]  or any other sum, or relief of any kind is denied.
..
..ends..

 

[snowtime]

thanks for the above wording etc. I had a query a dew posts ago about there being a change in how the limitation has been applied to a case this Feb 2019 it was flagged up on the national debtline site before I found yourselves, I have found the details it relates to a credit card case, county court defence failed and its a precedent, now its all a bit confusing to me, hence me query, my best defence is still probably what you have stated clearly to me! but would you mind having a read of this info i post the link, its for professional advisers on the full details on 

https://england.shelter.org.uk/professional_resources/debt_advice/archived_emails/2019/february_e-bulletin

Case law

The default notice now confirmed as a cause of action regarding limitation

The Court of Appeal has made a ruling in the case of Doyle v PRA Group (UK) Ltd [2019] EWCA Civ 12 on 23 January 2019, which now sets precedent on when the limitation period should start with regards to Consumer Credit Act cases.

It was decided that in relation to claims for debts due under a credit card agreement the limitation period starts to run after the time specified in a 'default notice' served on the borrower pursuant to s87 of the Consumer Credit Act 1974 (CCA).

[dx100uk]

we are well aware of that and to date it's played no part in any claim here.

[snowtime]

ok thanks for your assistance, I will file my defence after the weekend and then let things play out. 

[AndyOrch]

Given that you were never served a default notice or possibly even issued one the above case law (which is very questionable and easily defeated) is irrelevant.....as they cant even prove the cause of action in your claim ?

[snowtime]

looking at the mountain of paper I was served one 01/06/2016 as far as I'm aware the 1 st one prior to that Notice of Sum in Arrears every 6 months starting form 30/07/14, my application to defer was mid march 2013 which is over the 6 years, had their agreement to this on 19/06/2013 and period deferment started 25/06/2013  until 24/06/2014