6 May 2019

Debt Recovery – Successful Case

Howell Jones lead the way in debt recovery law and secure an important decision from the Court of Appeal.

Howell Jones are known as leaders in litigation law (not least debt recovery) and one of their Senior Solicitors (who also happens to be their Debt Recovery Manager) Vishalee Amin has just led a case to the Court of Appeal to give certainty in law.

Ms Amin represented the PRA Group in the case of Doyle v PRA Group. Judgment in that case has just been given by the Court of Appeal; indeed the Master of the Rolls (who presides over the Court of Appeal) gave the leading Judgment.

The case turned on whether the time to sue (6 years) ran from a default in a payment of a debt (under a consumer credit agreement), or from the Creditor issuing a default notice. Doyle sought to argue that limitation ran from the date of failure to pay and that the 6 year limitation had passed. PRA Group argued the ‘trigger’ date was that of the notice.

The Court of Appeal agreed that Ms Amin’s (and therefore PRA’s) argument was correct. They dismissed Doyle’s appeal and awarded PRA their costs (of the appeal).

This gives certainty to the Courts and legal professionals. It joins one of many limitation arguments successfully argued by Howell Jones and is hugely important in the law relating to debt recovery.

If you want lawyers who not just know the law, but develop it, look no further. Howell Jones act on litigation and debt recovery from small claims up to multi-million pound disputes, including international litigation.

If you are involved in litigation or are contemplating it and need to speak to a lawyer, call Howell Jones’ Litigation Team for a free initial telephone consultation.

our lawyers deliver an excellent quality service, independently recognised by The Law Society and our many returning clients.

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