The Law Society recommend 3 year limitation period after repossessiongreenspun.com : LUSENET : Repossession : One Thread
It seems that the Law Society (the professional body for solicitors in England and Wales is to recommend that there should be a 3 year limitation period after repossession for the recovery of any outstanding debt.
Full report at:
I will be writing to the Law Society to express my support for their recommendations.
The Law Society web site also has very relevant information for mortgage shortfall victims and the Human Rights Act:
and they provide a link to the Government's HRA site:
-- Tony Hayter (Tony@Hayter.com), November 02, 2000
After you have read the details of the Law Society response to the Housing Green Paper compare the Council of Mortgage Lenders response and make your own judgement about how the CML address the issues:
-- Tony Hayter (Tony@Hayter.com), November 03, 2000.
Article 6 of the ECHR (aka the Human Rights Act) states that trials and all civil hearings must be brought within 'a reasonable time' and that they must be 'fair'. It would seem that there is unease about lenders' claims that they to have the power to initiate court proceedings up to 12 years after repossession, for a number of reasons. If any change in Limitation law is predicated on the Human Rights Act, it is going to be very significant that the HRA is, effectively, retrospective.
-- Eleanor Scott (firstname.lastname@example.org), November 03, 2000.