Response to HELP ive been unfairly treated by the district judge -shortfall

Hi again

I am afraid that it is not true that all debts are subject to a limitation period of 6 years.

Simple contract debts are subject to a 6-year period (s5), as are debts due under a statute (s9).

However, specialty debts (those made under seal or by way of deed) have a 12-year period (s8.1), unless the Act sets a lower period (s8 (2)). For example, a lease under seal is a specialty and rent arrears under the lease would normally be subject to a 12 year period under s8(1). However, s24 sets a 6-year period for rent arrears and this, under s8(2) displaces the 12-year period. Also, ther is no limitation period for tax debts. ALL mortgage shortfall debts come under s20 - 12 years for principal (s20(1)) and 6 years for interest (s20(5)). This was made absolutely clear by Bartlett and subsequent cases such as Thompson v Scottish Equitable.

All the best

Guy

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