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Hendersons - Barristers' Chambers
Articles Banking, Finance & Financial Services 24th Jan 2019

Limitation and section 87 of the Consumer Credit Act 1974

In Doyle v PRA Group (UK) Ltd [2019] EWCA Civ 12, the Court of Appeal has decided that where a borrower defaults under a regulated credit agreement, the lender’s cause of action to recover a debt becoming due by reason of the default does not accrue until:

  • the lender has served a statutory default notice under section 87(1) of the Consumer Credit Act 1974, and
  • the time specified in the default notice for the borrower to remedy the default has expired without the default having been remedied.

See Julia Smith’s alerter here.


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