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Response to SARN- ABBEY NATIONAL

from Guy Skipwith (guy@skipwith107.freeserve.co.uk)
Just a comment on money judgments.

If a lender obtained a money judgment at the same time as getting a possession order, the Limitations Act 1980 does not apply (Lowsey v Forbes (House of Lords 29.7.98). This case held that s24 LA '80 (actions to enforce judgments) covers new court proceedings but not the enforcement of an existing judgment.

The enforcement of judgments is covered by the relevant rules of court.

This means that where a lender has got a money judgment, there is no limitation period applicable. All the rules of court say is that if an existing judgment is to be enforced by execution against goods (cty ct bailiff or High Ct sheriff) after more that 6 years, leave of the court must be sought first.

Cheers

Guy

(posted 7940 days ago)

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