dav64,(posted 8189 days ago)To go back to your orgininal post, the lender can pretty much do what it likes in its interpretation of the voluntary 6 year code precisely because it is voluntary. You could waste a lot of time and energy, and end up sounding argumentative, by trying to get nationswide to change its mind. (And IMHO I don't think you would succeed.)
The actual interpretation of law is a different ball game altogether. I can pass on some details of various relevant case law and Acts etc, but - just to play devil's advicate for a second - do you really think that quoting these at Nationwide will help you? What would you hope to achieve by doing this? If it were me I would prefer to ask Nationwide (repeatedly if necessary) to prove its right to make the claim against me. Save the legal stuff for later, if you need it. Experience shows that lenders do not normally back off because an ex- borrower quotes a piece of law at them (unfortunately).
However, there is some circumstantial evidence that lenders don't want the Limitation Act tested in the higher courts (as indicated in the very interesting posts above).
I'll post the case law and Acts separately below. And see the rest of the material on this web site under 'Repossession'.