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Response to When is 'Contact' actually made?

from pendle (pendle@amun-ra.demon.co.uk)
I've been doing some research into various other repo cases reported in various media, and from what I can gather, although the lenders have agreed to 6 years as part of the Council of Mortgage Lenders Code, the actual mortgage agreement would also seem to play a part.

One particular case is Global Financial Recoveries -v- Jones - "HIS LORDSHIP said that the central issue concerned whether any claim upon a shortfall after a mortgagee had realised his security, even where the mortgage was executed as a deed, was a claim in simple contract, with a limitation period of six years (section 5 of the 1980 Act), or a claim upon a specialty, with a limitation period of 12 years (section 8(1) of the 1980 Act). "......

"In the present case, a term of the mortgage agreement, which was contained in a deed under seal, specifically addressed what happened in the event of a shortfall after the realisation of the security. Consequently such a claim was founded upon a specialty and not on simple contract. "

So it would seem that the type of mortgage document one has also plays a part.

For those where it has been over 6 years since any contact is made, the 6 year limitation can be used as argument, but if the lender points to a 12 year limitation, then surely an argument of bringing a claim within a reasonable time (Human Rights Act) applies?

In your case Mattyc, I would suggest that you write back and ask for copies of all letters that were sent during that 9 month period. If there are a number of them, the question must be asked, what happened to the letters when they were delivered? One would have thought that the occupier of the property would have sent them back marked "unknown at this address". You might, if you are pursued further, want to ask the occupier if they recall receiving such letters.

I think that a story such as "we wrote to you for 9 months...." to an address you didn't live at is a very poor argument and should be proved.

(posted 8535 days ago)

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