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Response to Handed keys back in 1990, got County Court form today for Shortfall, help?

from M Amos (idgroms@hotmail.com)
John,

You made the following statement but..."Date we moved out of property Nov 1993, just after my daughter was born. Which means that they are now chasing us because the 12 year rule would apply from November 2004, so they can still get us!"...Don't forget that the 12 year limitation period runs from (usually) the 2nd or 3rd default on the mortgage payment, you need to check your mortgage terms & conditions to be sure, so providing the shortfall debt hasn't been acknowledged in writing or by part payment (telephone calls can't acknowledge a debt) then this debt may be statute barred (see previous postings). Furthermore, if you had an endowment mortgage and the defaults started on the endowment earlier than on the mortgage payments the 12 year period could start running even earlier. You should also check out the CML 6 year voluntary code angle (see previous postings). I would also suggest you look at the OFT website re the harrassment aspect "They then contacted me by phone at my place of work demanding the money". I would also get in contact with your local MP. If it is the case that the shortfall isn't statute barred or the CML vol. code isn't applicable in your case then you might want to consider making a nominal ex-gratia offer in full & final settlement of the alleged debt at the same time as putting the lender to strict proof. Failing everything one should also consider whether the new insolvency regulations might be of use, but that of course depends on each persons individual circumstances. Hope you find a good solicitor experienced in these problems to check all this out with. Good Luck.

Mark.

(posted 7308 days ago)

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