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    • Having reviewed my previous response, whilst the overall position remains the same, where I referred to a Default, this should have referred to the full amount falling due for payment/the demand for full payment.  I apologise for any confusion that this may have caused and have amended my explanation below to replace any reference to the Default Notice.   Our client’s records show that the last deferment date was the 24 April 2011. Once deferment ends, the agreement takes effect in accordance with the terms thereof – i.e. the monthly payments fall due.   The relevant limitation period in respect of this type of agreement is 6 years, pursuant to section 5 of the Limitation Act 1980 (‘the act’).  In respect of this type of agreement, limitation starts to accrue when the full amount owing falls due for payment, as the creditor does not have a cause of action to bring proceedings for the full amount of the claim until that time.  The full amount owing under the agreement becomes due (and the cause of action accrues) in one of two ways, namely:   1.    If the customer fails to make required payments, the creditor can serve a Default Notice pursuant to section 87 of the Consumer Credit Act 1974.  In the event that the customer does not pay the arrears in accordance with the Default Notice, the creditor can terminate the agreement.  Limitation then starts to accrue from that date; or 2.    If the agreement is not terminated due to failure to comply with a Default Notice, the full amount falls due for payment when the full term of the agreement expires.  Limitation then starts to accrue from that date.   In this case, the agreement was not terminated under the terms of a Default Notice.  The cause of action and hence, the limitation period therefore, started to accrue from the date when the term of the agreement expired.  This was a 60 month agreement.  When a student loan account reaches its 60th month and there is still an outstanding balance, the account matures. This means it will exit the Terms and Conditions of the agreement and the balance becomes due in full. The maturity date is moved on by 12 months with each deferment period meaning that this account matured on the 31 March 2016, which is when the relevant limitation period therefore, started to accrue.  Limitation would not therefore, have expired until March 2022.  As you are aware however, proceedings were issued against you in June 2019 – i.e. comfortably within the relevant limitation period.   Further to the above, even if limitation did not start to run from the date specified above (which it did) and actually started to run from the date of last deferment in 2011 as you incorrectly allege, you did make some payments in respect of the debt, the most recent of which was on the 28 March 2015 in the amount of £90.73, which was paid to Capita under a direct debit.  Pursuant to section 29(5) of the act, the relevant limitation period accrues afresh upon each part payment.  In view of that payment, even if your view of when limitation initially started to accrue was correct (which it is not), it would have accrued afresh based upon the payment and would not therefore, have expired until March 2021.  Again, as proceedings were issued in June 2019, this was comfortably within limitation.   The Subject Access Request supplied to you by Erudio enclosed a number of letters that were issued to you throughout 2016, in which they clearly informed you that your account was in arrears. These letters made it clear that the client wished to work with you to agree an affordable repayment arrangement and that failure to do so may result in a Default being registered against you. Unfortunately, they were unable to reach an amicable resolution resulting in a Final Demand being produced on the 12 January 2017 and issued to you on the 14 January 2017 and it ultimately, becoming necessary for our client to then issue proceedings against you due to non-payment.   As such, whilst I apologise if you feel that our client deliberately delayed the cause of action in order to prolong the limitation period, I assure you that is not the case. As set out above, as the agreement was not terminated under the terms of a Default Notice, Erudio were contractually obligated to allow a 60 month period between the last deferment date and the account maturity date.  They then acted in a fair and reasonable manner by allowing an additional 10 months after the account maturity date to give you the opportunity to resolve the matter before the Demand in Full was issued.    I have also had sight of an email that you sent to my colleague, Richard Senior in which you requested us to confirm that we have complied with FCA regulation. Having reviewed the matter, I am satisfied that throughout our instruction we have acted in accordance with the relevant FCA regulation.
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Cases still being heard after OFT ruling *POST HERE*


claret74
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I have read that some cases are still being heard in court despite the OFT ruling. As part of the application to lift the stay, it would be really useful to include details of courts where the Judge has decided to carry on with the case.

If you case is still being heard, or if you have managed to get your stay lifted, please post here so we can include the court details.

Thanks so much,

 

Claret74

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It appears that these courts are keeping business as usual and hearing cases.

Very useful to include in applications to lift a stay.

 

Aldershot & Farnham County Court,

Bow County Court,

Blackburn County Court,

Bristol County Court, NEW CLAIMS BEING STAYED ?

Caernarfon County Court,

Chester County Court,

Chichester County Court,

Croydon County Court,

Gateshead County Court,

Guildford County Court,

Hitchin County Court,

Hull County Court,

Kettering County Court,

Lancaster County Court,

Leeds Combined Court Centre,

Medway County Court,

Newcastle County Court,

Northampton County Court,

North Shields County Court,

Norwich County Court,

Nottingham County Court,

Oldham County Court,

Oxford Combined Court Centre,

Peterborough Combined Court Centre,

Salford County Court,

Scarborough County Court,

Scun.thorpe County Court,

Slough County Court,

Sunderland County Court,

Thanet County Court,

Watford County Court,

Wellingborough County Court,

West London County Court,

Winchester Combined Court,

Woolwich County Court,

Worcester County Court,

Wrexham Count Court,

 

Claret

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Remember the banks CAN REQUEST a stay of action but it is ultimately down to the individual judge/court to whether or not they will grant it.

 

if you are lucky to get a judge that is peed off with the whole abuse of the courts time, then you will prob be allowed to continue.

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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I have a court hearing against Barclays in the North Shields Courts on Thursday 16th August A.M.

 

I received a letter from Barclays on Saturday that my case had been stayed. However I rang my court this morning and they said no the judge is going ahead as Barclays had not submitted a specific application to a Stay in my case ( which would cost them £65 per case).

 

I'm nervous about going to Court - however I firmly believe in this ( not just about the money now) I have been trying to re-claim since Feburary!:rolleyes:

 

( I have successfully already claimed £745 from Barclays another account & Lloyds £3000 through letters and MCOL)

 

Any advice on Court preperation anyone?

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my only advice is make sure you get your bundle is as soon as you can & then just get familiar with it

 

i have my court date tomorrow & have heard nothing from barclayts except a generalised letter to many about how they "intend" to stay all claims in court until test case goes through

 

I hope they simply forget to turn up!!

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Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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erm.... what exactly is 'my bundle' please? Is it the term for all my documents pertaining to this case?

 

Sorry

 

Yes it's the Court Bundle which contains all the relevant documents that will be viewed & considered by all parties in court (Bank, Judge, You)

 

I advised to get them in asap just because I never realised I had to do this & thought my initial particulars of claim and general blurb on Money Claim Online was OK which is silly in hindsight but I just didn't know you see..... :|

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hi folks . i went to court today birkenhead county court ,i am claiming from the hsbc bank ,they sent me a letter on thursday to say that they are applying for a stay ,turned up at the court and the rep for hsbc was there he also represented other banks ,he chatted to me before hand to introduce himself & said that he is applying for a stay ,i said that i was opposing the stay .anyway went into court spoke to the judge ,he was saying that a decision would be made by january 08 by the high courts & he obviously did not know which way it would go .anyway the hearing lasted about 10 mins .it was stayed ,he also stayed all other cases ,so why we went in there i dont know ,as i got a feeling that he knew already what the outcome would be ,done all i can do now just a case of waiting to see i guess .sorry i cant be more positive but feel a bit gutted at the mo .ps if you havnt been to court before it is not scary just in a room with you ,the judge,rep for the bank,the rep askes for his stay then thr judge takes over with his speel & you argue your case . good luck everyone :Cry:

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I was in court today at Morpeth (Judge Kramer) v citicards who tried to apply for stay on the basis that the underlying arguments are the same in credit card and overdraft charges. I managed to look at the CAG doc for appealing stays and read this out in court. The stay was refused with judge seeming particularly interested in Human Rights Act and the fact that Citi can still charge me.

All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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I was in court today at Morpeth (Judge Kramer) v citicards who tried to apply for stay on the basis that the underlying arguments are the same in credit card and overdraft charges. I managed to look at the CAG doc for appealing stays and read this out in court. The stay was refused with judge seeming particularly interested in Human Rights Act and the fact that Citi can still charge me.

 

Wonderful to hear this.

Citi have run the Gauntlet for far too long......they have been given more stays than the Ritz Hotel

Just out of interest was the others that were favoured Citi or other banks ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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OK guys, I really need help on this one.

 

as you may well can see from this thread Brighton County Court has slapped a general stay on all bank charges cases pending the outcome of the OFT test case.

I applied for a lift to the circuit judge,and lo and behold,a hearing will be held soon(a clerk at the courthouse told me from looking into her comp.system)

 

So,what do i do???? Anybody been to such a hearing yet?What do i have to do?How do i present my case?How do i argue?pls. pls. help as this is my BIG chance to sway the judge and have my case heard and not wait 2 years...

 

PLEASE HELP!!!!!:-) :-) :-)

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Looks like my First Direct current account claim is continuing at Morpeth.

 

http://www.consumeractiongroup.co.uk/forum/first-direct/98802-first-direct-should-i.html#post1091678

All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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