Doyle v PRA Group (UK) Ltd [2019] Questions

[dx100uk]

registering it on your credit file...it is not a date.

same as with registering a birth...think about it....

 

 

 

 

[Peterbard]

Thought I had just done that.

 

The cause of action under a regulated agreement starts after  the debtor has failed to pay the default note, issued under the section 87 88 and 89 of the Consumer credit act within 14 days, this was confirmed incase law.

 

No the permission the credit needs in order to record your data on a credit file, is made under the Data protection act. This is when the creditor feels that the relationship between creditor and debtor have 'broken down'. There is a guideline from the DPA and FCA which says the debtor has 28 days warning before the credit file is updated

 

The recording of data, 28 days has nothing todo with the warning of impending legal action given under the consumer credit act under section 87.

[whitelist]

Thankyou Peter for the clarity, and for the record, was aware of that

 

The point that I was making is that people read this forum as a source of reference and plain English does, as the majority are not proficient with case law and precedent.

 

Was asking genuine questions and do not expect insults with some replies being a self help forum

Edited March 19, 2022 by whitelist

[dx100uk]

p'haps others already understood ...and dont need plain english....though i cant see where replies to you are not in plain english......nor referring to go and self help.....

 

Doyle v PRA Group (UK) as the Hart ruling, seems to have had zero bearing on any court cases since either was handed down...else we'd have seen a wave of victories trumpeted by the debt buyers... hasn't happened...

 

dx

 

[Peterbard]

On 10/03/2022 at 16:56, whitelist said:

Good point, but is it unfair on the debtor?

The credit file would not be clean though as the creditor would still register late payment markers, as the account would not have been terminated on the back of that default notice. These are just as bad as the default being recorded.

Hi just to answer Andys point re when the record can be applied.

The creditor has 6 years to record the debt from the notice so its seven months. If he does not use the slot he loses it. 

 

Remember the not filing a notice of default is not actionable, nor is recording a default late, although they should remove it.

Filling a section 87 default notice incorrectly has the effect of rendering the proceedings void, if the judge agrees