In my belief the whole issue of the Halifax, or other lenders, waiting any lengthy period of time until it suits them to take someone to court is now extremely questionable.(posted 8555 days ago)The Woolf reforms now encourage a "level playing field" approach to litigation. Therefore a period of intentional delay in pre-action which is only of benefit to one party may not be interpreted as contributing to a "level" condition. A judge may well question why a defendant, having received a letter from a claimant promising Court Proceedings within a matter of days or weeks, is only actually being taken to court years later. Claimants will need to be able to prove that they have complied fully with any Pre-Action protocol.
In my view The Human Rights Act may well also bring into question the delaying tactics of lenders. The "reasonable time" factor could possibly also limit this practice.