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I have just recieved the summons for the shortfall claim

from Jon S (jks_uk2001@yahoo.co.uk)
I have just recieved the summons for the shortfall claim from MAES Finance. In the limitations the solicitor states " For the aviodance of doubt and in order to make the claimants position on limitation clear the claimant says as follows:

This is an action on a speciality debtfor the purpose of s 8 limitation act 1980. The defendant is in breach of covenant to pay principal and interest and the date of breach must (given that the mortgage was less than 12 years old both at the date of issue of proceedingsand the date hereof) be less than 12 years ago.

This can not be an action to which s 20 limitation act applies because: for the purposes of s 20(1) ( action to recover principal) the principal is no longer "secured by a mortgageor other charge on the property"; and

for the purposes of s 20(5) (action to recover arrears of interest) the arrears of interest are not payable in respect of any sum of money secured by a mortgage or other charge.

The claim is not founded as an action founded on simple contract for the purpose of a 5 limitation act 1980."

The thing is the claimant is MAES finance, whereas all along I have been dealing with Eagle Star, who am i fighting here? MAES finance have no record of the house, my name or claim number in a reply to a SARN served on them.

Any comments would be welcome

JonS

(posted 8231 days ago)

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