Re-contact after 8 1/2 yearsgreenspun.com : LUSENET : Repossession : One Thread
Re the 6 year rule, what about if you were contacted after 2 years, 1993, you argue and say you can't pay. Then 8 1/2 years later, they start chasing shortfall again? Anybody had a similar situaion?
-- michael atkins (firstname.lastname@example.org), September 14, 2001
What happened after the first contact was made. Did they just disapper? Have you moved around since - i.e. could they trace you easily?
If both of these are yes then it is possible that they are out of time depending on how you read current law. Although in theory, as the first contact was before the agreement on 6 years then they have 12 years from that date. However, if that is the case then why the totally unreasonable delay in contacting you and, if it goes to court, unreasonable delay in bringing proceedings. Recent legislation states that cases must be brought within a reasonable time although I am not sure if anyone has tested this out yet.
There is also legislation in place that states that any cases started before a certain date will be stayed if they are not brought before the court again before another date - both dates in 1999 I think. That being the case then they would not be able to take court action.
Has anyone more details on that?
-- Matt (email@example.com), September 14, 2001.