Can you get CCJ or Default twice on the same account?

utterbar

fermi wrote: »

The 6 year period runs from the last date that you acknowledged the debt in writing or by making a payment. The date of the default (or even if one is ever issued) is irrelevant for the purposes of the Limitation Act 1980.

Link: Factsheet | Liability for Debts and the Limitation Act

I disagree with that. The limitation period begins when the cause of action accrued. Unless there's a specific authority on the point the contract must have been breached at the date the first due payment was not made, not on the date the last payment was made.

The point that factsheet makes is probably relevant if the debt has been acknowledged or a payment made since the account was defaulted on. I don't consider the last payment / acknowledgment point relevant if an agreement has been defaulted on and no further contact made by the debtor after the default. I would say that a creditor could make a valid point that under the terms of (for example) a regulated credit agreement a debtor has a period to remedy a default before the account can be terminated and proceedings commenced and therefore any limitation should run from the date of termination.

Having said that there might be an authority somewhere but a quick browse on LNB and Halsbury's doesn't reveal anything.

fermi

I've queried that twice with NDL and twice been reassured that it runs from the last acknowledgement.

The reason I originally queried it twice was that I was sceptical on the point. I am now becoming so again.

There is at least one part of the Limitation Act 1980 and several of the CCA74 that originally made me see it in that former light.

If that factsheet is in error by omission, then that is rather poor on the part of NDL.

Although it relates to mortgage payments and a subsequent shortfall, some of the general principles drawn from the example below make interesting reading.

http://www.tltsolicitors.com/legal-update/Banking-and-Lender-Services-Update/P6279.asp