Limitation period: when does it start?

Artybee74

When does the six-year limitation period start for a debt covered the Consumer Credit Act? I'm in England.

Some websites state it is six years from the date of the last payment (or other written acknowledgement of the debt).

Some websites state it is six years from the date the default notice was issued.

Can any of the experts provide some clarity please?

Thank you.

fatbelly

There was a court case which was only finally sorted in 2019, PRA v Doyle

https://www.addleshawgoddard.com/en/insights/insights-briefings/2019/financial-services/pra-group-uk-limited-v-christopher-doyle/

This determined that it was the expiry of a default notice that constituted the cause of action for a cca debt.

It is quite possible that website entries, even ones on this forum, would have given a different answer if they pre-date 2019. I made many such posts myself

cumbrianmale

fatbelly said:

There was a court case which was only finally sorted in 2019, PRA v Doyle

https://???.addleshawgoddard.com/en/insights/insights-briefings/2019/financial-services/pra-group-uk-limited-v-christopher-doyle/

This determined that it was the expiry of a default notice that constituted the cause of action for a cca debt.

It is quite possible that website entries, even ones on this forum, would have given a different answer if they pre-date 2019. I made many such posts myself

So if I have read it correctly the limitation act starts from expiry of the date in the default notice. I.E. pay us the arrears by DD/MM/YYYY so 6 years +1 day?

sourcrates

Technically yes, but its easier to judge it by the date of default on your credit file, six years from that date, provided no payment or written acknowledgement has taken place within those 6 years.

cumbrianmale

sourcrates said:

Technically yes, but its easier to judge it by the date of default on your credit file, six years from that date, provided no payment or written acknowledgement has taken place within those 6 years.

Ah in that case I have about 8 months before they become statute barred. The default dates have long gone but acknowledgment would have been later due to DMP.

Thanks for clarifying