[ Post New Message | Post Reply to this One | Send Private Email to M Amos | Help ]

Response to Limitation Act - when do "Proceedings" start ?

from M Amos (idgroms@hotmail.com)
Richard, Under the Limitation Act 1980 the lender or insurance company (the latter under rights of subrogation) have 12 years (6 years for interest) to commence proceedings/sue you or take legal proceedings, it's the same. The 12 years usually run from the 2nd or 3rd default on the mortgage payments (Bristol & West v Bartlett), but you need to check the terms and conditions in your mortgage to be sure, it can vary. There are a couple of other important points. Firstly, the other party to the mortgage can acknowledge the alleged shortfall for both by making a part payment towards the shortfall. Secondly, if an MJO has been issued they can, in theory, chase you indefinitely. I would respectfully suggest you read previous postings as all this and more has already been covered many times. If you have any further questions just post them up. Good Luck.

Mark.

(posted 7647 days ago)

[ Previous | Next ]