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Response to time clock starts from?

from Guy Skipwith (guy@skipwith107.freeserve.co.uk)
Any payment that is made within an existing limitation period restarts time unless it is clearly stated to be 'ex gratia', i.e. on the basis that liability is not accepted, as does an acknowledgment.

A letter is probably not protected by 'without prejudice' unless it contains an offer to negotiate or is part of negotiations.

A financial statement that has been signed may well amount to an acknowledgment but it depends on the context.

For example, if a letter categorically denies liability and then goes on to say the the person does not have any money to pay the alleged debt anyway, and includes a financial statement to back this up, it probably isn't an acknowledgment.

I know of one claim where a signed financial statement was held to be an acknowledgmet, and I think this will usually be the case.

In the vast majority of mortgages time starts to run as per the terms and conditions of the mortgage - usually after two or three missed payments. Where time has started to run follwing default, no new cause of action arises (i.e. time is not restarted) on the sale of the property, even where there was a covenant in the mortgage to pay any shortfall. Bartlett was quite specific about this.

However, as above, time is restarted by acknowledgment or part payment.

There is currently uncertainty as to when time starts to run in respect of West Brom mortgages, but this is due to be resolved shortly by the CA - see West Bromwich Building Society postings.

Hope this helps.

All the best

Guy

(posted 7366 days ago)

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