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

Response to Facility Trading Services and Knowle Portfolio Investments - what are their tactics

from M Amos (idgroms@hotmail.com)
Be very very careful at this stage not to acknowledge the alleged debt, otherwise you will restart the 12 year limitation period. The limitation period usually starts from the 2nd or 3rd missed mortgage payment (subject to the terms & conditions in the mortgage). It also depends on whether an MJO was issued. Was this a joint mortgage? If so, the other partner may have acknowledged the debt by making a part payment and restarted the limitation period for both. Make sure in any communications regarding this that you state you do not acknowledge the debt and that you dispute the debt and deny liability. Also write "Without prejudice" on any letters too. If you can establish that the alleged debt is time expired and has not been acknowledged I would write and tell them that the alleged debt is now statute barred under "Bristol & West v Bartlett" July 2002, still making sure you deny liability etc as stated above. Let them prove otherwise if they can. I'm not a professional advisor so please check all this with one, particularly with the NAMV if 'Ocwen' is involved, as Jane has said. You could also try the Mary Ward Legal Centre (Ahmed Butt) or Michael Thomas Consultancy Ltd, or Derek McConnell at South West Law Services (Legal Services in the Community) Ltd, 1 hide Market, West St, Old Market, Bristol BS2 0BH (0117 314 6400), or of course your local CAB, but, whoever it is, make sure you find someone highly experienced in mortgage shortfall cases. Hope this is of some use. Good Luck.

Mark.

(posted 7603 days ago)

[ Previous | Next ]