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Response to Money Order Judgement

from Eleanor Scott (eleanor.scott@btinternet.com)
I have got a copy of an information sheet produced by Carol Riley. I could scan and email it to you if you want - contact me privately if you like.

My understanding is that if a lender gets a money judgement then it can pursue you for as long as it likes for the sum specified in it. Otherwise the 6/12 (in Scotland 5/20) year rules apply. (Although, significantly, the lenders must abide by Civil Procedure Rules pre-action protocols and the Human Rights Act.)

Just ask the lender if it has a money judgement. If the repo was voluntary, it probabaly won't have. At this point the lender will either back off (unlikely - though Carol I believe has had some interesting results), or say, 'we don't need one, we are relying on the mortgage deed'. At this point you ask to see the mortgage deed. (See this site, under Repossession, recently added section headed Why Lenders Refuse To Supply Documents) for why this is a document lenders don't like supplying.

Good luck.

(posted 8505 days ago)

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