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Response to Contact within 6 years.

from M Amos (idgroms@hotmail.com)
The 12 year limitation period can only restart if the borrower acknowledges the debt in writing or by way of a part payment. In joint mortgages an ex partner can restart the 12 year period for the other party/ies if he/she makes a part payment, but not by a written acknowledgement. A lender cannot restart the limitation period just by contacting the borrower. David Button has got a bit confused in his message to you, the lender does not have until 2014 to chase you, the 12 years runs from the 2nd/3rd missed mortgage payment subject to terms and conditions and acknowledgements as I stated before.

The CML voluntary code is different. Furthermore, the CML 'rule' won't apply to you as contact was made with the lender in Nov 2002 (within the 6 year period), providing of course your property was sold between date of repo 1998 & date of contact 2002. See their website where this is all explained (address in my previous posting).

Take a look at these two websites that should help:

http://www.osborneclarke.com/publications/text/mortgageshortfall.htm

http://www.propertylawuk.net/mortgageshortfall2.htm

Hope this has clarified things for you.

Mark.

(posted 7549 days ago)

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