Limitation Act - when do "Proceedings" start ?greenspun.com : LUSENET : Repossession : One Thread
I defaulted on joint mortgage 1989. Being chased for MIG of 22k by RSA. (Their solicitors: Curtis). Letters to and from collections agency and solicitors between 1998 and 2002. I did not acknowledge debt or make payments. Under the Act, as I understand it, they have 12 years to sue (or, depending on which research source you read) "commence proceedings". Are these one and the same ? Do they have 12 years to write to me or 12 years to get an official court summons ?
Heard nothing since September 2002. (Which even by my rubbish maths is 13 years post-default).
Advice as to whether this will remain with me for ever or whether I will ever be free will be most welcome.
-- Richard Powell (firstname.lastname@example.org), May 11, 2003
Under the Limitation Act 1980 the lender or insurance company (the latter under rights of subrogation) have 12 years (6 years for interest) to commence proceedings/sue you or take legal proceedings, it's the same. The 12 years usually run from the 2nd or 3rd default on the mortgage payments (Bristol & West v Bartlett), but you need to check the terms and conditions in your mortgage to be sure, it can vary. There are a couple of other important points. Firstly, the other party to the mortgage can acknowledge the alleged shortfall for both by making a part payment towards the shortfall. Secondly, if an MJO has been issued they can, in theory, chase you indefinitely. I would respectfully suggest you read previous postings as all this and more has already been covered many times. If you have any further questions just post them up. Good Luck.
-- M Amos (email@example.com), May 12, 2003.
Yes, some of them do try and confuse the issue by claiming to have "commenced proceedings" by the simple act of writing to you asking for their pound of flesh. This is simply not true, and as Mark points out, proceedings have oficially started when the claim form drops on your hall floor.
Sounds to me as if you are home and dry anyway, as far as dates are concerned, lets hope so.
Good luck Stephen
-- (firstname.lastname@example.org), May 13, 2003.