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ARTICLE · 16 APRIL 2019

Finance Litigation April 2019: Recent Cases And Issues

Gowling WLG
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Gowling WLG's finance litigation experts look at a number of cases and issues affecting the lending industry.

United KingdomFinance and Banking
Ian Weatherall
Ian Weatherall
Turon Miah
Turon Miah
Jane Bates
Jane Bates
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Gowling WLG's finance litigation experts look at a number of cases and issues affecting the lending industry.

Default notice served pursuant to s 87(1) of the Consumer Credit Act 1974 starts time running for limitation purposes

The Court of Appeal has recently confirmed that service of a compliant default notice under s 87(1) of the Consumer Credit Act 1974 (CCA) is not merely a procedural precondition to issuing proceedings but is required to start time running for the purposes of the six-year limitation period under s 5 of the Limitation Act 1980.

In Doyle v PRA Group (UK) Ltd, Doyle entered into a credit card agreement (the Agreement) subject to the CCA with the card issuer. Clause 8f of the Agreement provided for payment of the whole outstanding balance in certain circumstances. Doyle defaulted in early 2009 and in December 2009 the card issuer served a default notice as required under clause 8f and under s 87(1) CCA requiring part payment of the debt by 21

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