6 or 12 years issue should put temp' hold on current casesgreenspun.com : LUSENET : Repossession : One Thread
A kind reader just sent me the following:
Re Limitations Act and 6/12 yerar rule.
There are three cases due to be heard in the Court of Appeal on this issue. They were due to be heard on July 24 and 25, but I have heard that they are now being heard in June.
The cases are:
Halifax v Grant
Bartlett v Bristol and West
A Paragon case (no further details)
Re statutory demands: I have recently managed to get a client' application to set aside a statutory demand (on the basis that the debt is statute barred after 6 years)adjourned until the CA decides.
All the best
If anyone can find out more details about these cases and their status, please share it.
Also, for anyone currently facing a claim that has a 6/12 year element: you should use the fact that a precedent-setting court is to hear these issues in the next few months to get your case put on hold.
You will need to apply to your court if a claim has already been filed against you.
Good luck, keep me up to date ;-)
-- Lee (firstname.lastname@example.org), June 06, 2002
The Halifax vs Grant case is no hope I'm afraid. I had a transcript and from what I can remember the defendants case was pathetic. It was something like as it was a mortgage it was a simple debt and 6 years - no mention of CML agreement used in the case - the judge simply said that it was a specialltiy and therefore 12 years. I do beleive that he did not give right to appeal as well so it may not be the same one or something has changed.
As for the other cases, no idea.
-- Matt (email@example.com), June 06, 2002.
Just to let people know, I wrote to Addleshaw Booth requesting that they adjourn my case until the outcome of the Court of Appeal ruling as they act on behalf of the Halifax.. on legal advice i had to write the following sentence to cover myself "i reserve the right to produce this at any court and any costs ordered" have been told that should they refuse,if they go adhead they will pay any court costs.. please note they have'nt aggreed to do this but in the claim form have asked for a month to settle out of court which handily falls three days before the court of appeal dates dates !!!!!!!!!!!!
-- amanda barton (firstname.lastname@example.org), June 08, 2002.
Amanda - sounds to me like the wigs have advised your Lender that they may be royally screwed. Stick to your guns - they will back off.
-- Too scared to say (email@example.com), June 08, 2002.
What are the exact dates of these appeals? btw, here's a link to some notes on the original B&W v Bartlett case: www.tltsolicitors.com/asp/site/legal_update.asp?page=686
-- Melody (firstname.lastname@example.org), June 09, 2002.
The latest info I have (from the June FIAC briefing) is that the appeals are due to be heard on July 23 and 24. The third case under appeal is Paragon v Banks.
-- Guy Skipwith (email@example.com), June 20, 2002.