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Response to Money Order Judgement

from Matt (Mattyc@ntlworld.com)
I found this at http://www.sprgr.co.uk/uplend.htm#claims under the heading 'A Guide for Lenders' just after a lot of stuff all about repossessions!! Following the last, VERY INTERESTING, comment it quotes Hopkinson v Tupper 1997.

Claims for Money Judgments · A Money judgment in addition to a claim for possession is simply a new remedy and not a new claim: Particulars of Claim can therefore be amended at any stage to include a Money Judgment. Lloyds Bank Plc - v - Rogers (16th July 1999) The Claimant Bank sought to amend the Particulars of Claimafter the limitation period had expired to include a Money Judgment in addition to the claim for possession. Held: The amendment was allowed as:- · it was a claim for a new remedy a new cause of action. · alternatively, if it were a new claim, it arose out of the same or substantially the same facts as the possession claim and the Court would have been prepared to allow the amendments. · It is seriously arguable that a mortgagee’s claim for the shortfall after he has repossessed and sold the security is in simple contract and therefore statute barred after 6 years.

(posted 8543 days ago)

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