[ Post New Message | Post Reply to this One | Send Private Email to F U Everschitz | Help ]

Response to 6 years begins from repo date or sale?

from F U Everschitz (everschitz@hotmail.com)
I'm not quite sure which '6 year rule' you are referring to here, but in so far as Eversheds told you 'the *6* year rule' started from the date of sale of the property, I am quite sure they were not referring to the Statutory Limitation Period for beginning proceedings for collction of a debt, since they would never concede that this is 6 years but rather 12 years.

I assume therefore that you may have been discussing the announcement last year by CML members that they would refrain from pursuing borrowers 'after 6 years' ' unless they had already begun proceedings against them'. You should bear in mind that this was (doubtless intentionally) very ambiguously worded & in any case purely voluntary, so that when the 6 years started was up to the lender to decide.

With regard to the Statutory Period of Limitation within which Proceedings must begin, it is seriously arguable that this begins from the time the debt 'becomes due' or was 'last acknowledged' by the borrower. In Mortgage cases the former is normally defined in the original Mortgage Deed, & typically is the date of first default of the Mortgage by the borrower.

The latter includes making any payment whatsoever towards the mortgage - if you pay nothing for 6 months then send your lender a tenner, you thereby acknowledge the debt just as if you wrote them a letter or sent them a completed I&E form.

I don't know if that is helpful, but in any case any correspondence with Eversheds should be in writing only, preferably via a 3rd party such as a solicitor. I suggest you change your phone number & make sure you're ex-directory.

regds

Everschitz

(posted 8499 days ago)

[ Previous | Next ]