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Response to Continuation from 8 threads down (Allocation Questionaire)

from Matt (mattyc@ntlworld.com)
I, somewhere, have a copy of the case. From what I remember the defence case was very weak and was based on the debt being 6 years as the mortgage had been closed due to repossession. In other words, as the house was sold then the mortgage contract was closed and the debt became a simple debt and the 6 yeqar rule applied.

Unfortunately, as we all know, when a repossession occurs the mortgage contract does not close. So in this case the 12 year rule was 'proved?' but this case holds no water when put nect to the CML agreement as it is an entirely different case.

I would ask their solicitors for a copy as they seems to be relying on the case. Once you get it I would ask the relevance in your case.

The lot after me quoted this case and when I had read it I could see nothing in it that proved their case. I asked them to tell me what the connection was and in three letters they duly ignored repeated requests. In my case, famous last words, it has been blissfully quiet since June.

(posted 8179 days ago)

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