Prescription Begins Running on Default

In light of the decision of the Court of Appeal in the  English case of Doyle v PRA Group UK Limited (2019 EWCA Civ 12), I am grateful for Paul Tilley of Wannops LLP for sharing a decision of the Scottish Sheriff Appeals court that was decided in October 2018, and has not previously been published on the Scottish Courts Website.

The decision, PRA Group Ltd v MacPherson, considered the same point considered in Doyle, advanced by the PRA Group in the Court of Appeal, and that is when does prescription begins running in a consumer credit agreement?

The decision by Sheriff Principal Turnbull found it began running, not on breach of the agreement, but when a default notice was served.

MacPherson, it is understood, was relied upon by the PRA Group in the Doyle case.

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