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Response to Money Judgement

from Eleanor Scott (eleanor.scott@btinternet.com)
Interesting, this:

"Existing proceedings after one year:

19 1.If any existing proceedings have not come before a judge, at a hearing or on paper, between 26 April 1999 and 25 April 2000, those proceedings shall be stayed.

2.Any party to those proceedings may apply for the stay to be lifted.

3.Proceedings of the following types will not be stayed as a result of this provision:

a.where the case has been given a fixed trial date which is after 25 April 2000,

b.personal injury cases where there is no issue on liability but the proceedings have been adjourned by court order to determine the prognosis,

c.where the court is dealing with the continuing administration of an estate or a trust or a receivership,

d.applications relating to funds in court.

4.For the purposes of this paragraph proceedings will not be "existing proceedings" once final judgment has been given. "

Do shortfall cases, where people are 'only' being threatened with action, count as 'existing proceedings'? Even if not, the lenders nevertheless have to justify the undue and inordinate delay in contacting ex borrowers and then implying/threatening legal action. They can't have it both ways.

(posted 8427 days ago)

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