Whether the cause of action for the outstanding sums accrued when D first defaulted in his payments or only when D failed to comply with the default notice stipulated by CCA s.87(1) and required by clause 8f of the Agreement. D appealed from a finding against him.
Held: The appeal failed. ‘The effect of the introductory wording of clause 8f of the Agreement (‘Subject to us sending you any notice required or taking any steps required by law’) and, more particularly, CCA s.87(1) is that, absent service and expiry of a default notice compliant with CCA ss.87 and 88, there would have been both a complete defence to a claim for all outstanding sums under the Agreement and an unanswerable right to strike out the claim.’ Whether a delay which had become abusive could be used under s140A and 140B to set aside the consequences of s87 was not before the court.
Judges:
Sir Terence Etherton Mr, Lord Justice Flaux
And
Lord Justice Peter Jackson
Citations:
[2019] ECC 13, [2019] EWCA Civ 12, [2019] 1 WLR 3783, [2019] WLR(D) 236
Links:
Statutes:
Consumer Credit Act 1974 87(1), Limitation Act 1980 5
Jurisdiction:
England and Wales
Citing:
Cited – Read v Brown CA 1-Dec-1888
Lord Esher defined the phrase ’cause of action’ to mean ‘Every fact which it would be necessary for the plaintiff to prove, if traversed, in order to support his right to the judgment of the court.’ . .
Cited – Coburn v Colledge CA 5-Apr-1897
A solicitor commenced an action on June 12th, 1896 for his fees for work which had been completed on May 30th 1889.
Held: A period of limitation runs from the date on which the ingredients of the cause of action are complete. The statute of . .
Cited – Central Electricity Generating Board v Halifax Corporation HL 1963
Under the 1947 Act, the assets of electricity undertakings were transferred to to electricity boards. Property held by local authorities as authorised undertakers should, on vesting day, vest in the relevant board. A question arose as to whether . .
Cited – Swansea City Council v Glass CA 1992
The defendant had failed himself to repair his property, and the Local Authority carried out the work itself under the 1957 Act. It sought to recover the associated costs from the defendant, but he said that their claim was time barred, being more . .
Cited – Sevcon Ltd v Lucas CAV Ltd HL 1986
A claim was brought for the infringement of a patent. It was brought after the specification had been published, but before the patent had been sealed.
Held: Time might run from a date before the plaintiff was entitled to sue. The cause of . .
Cited – Harrison v Link Financial Ltd Merc 28-Feb-2011
. .
Cited – Grace and Another v Black Horse Ltd CA 30-Oct-2014
The appellant had entered into a Consumer Credit Agreement with the respondent, but the form signed by him was not the same as that signed by the bank, and it was unenforceable. He fell into arrears. . .
Cited – McGuffick v The Royal Bank of Scotland Plc ComC 6-Oct-2009
Requirements for Enforcing Consumer Loan Agreement
The claimant challenged the validity of a loan agreement with his bank as a regulated consumer credit agreement. After default, the lender failed to satisfy a request for a copy of the agreement under section 77. The bank said that though it could . .
Lists of cited by and citing cases may be incomplete.
Limitation, Consumer, Banking
Updated: 09 August 2022; Ref: scu.632652