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Acknowledgements/MJOs

from M Amos (idgroms@hotmail.com)
This is some info I have received from someone in NACAB recently,which you may find useful:

The general principle on limitations is that once you acknowledge the debt, the clock starts running again. The same time limits apply - so in line with the judgment, it will be 12 years for the capital and 6 years for the interest. However where a money judgment has been made, either at the possession hearing or subsequently, in a Court of Appeal decision a couple of years ago, the court held that the judgment could be enforced indefinitely, although they would need permission of the court to issue a warrant of execution/writ of fifa (ie sending round the bailiffs) once 6 years had passed.

I don't know how the judgment affects recovery of MIG payouts as I have not seen the transcript of the judgment yet. I think one of my colleagues has got a copy from which he is writing an article. I will see the article shortly, so I'lllet you know then.

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When I get any more info on this I'll post it up.

(posted 7916 days ago)

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