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Response to Mortgage shortfall debt

from M Amos (idgroms@hotmail.com)
Patricia,

Make sure you read my earlier posting on Aug 3rd entitled 'Mortgage Shortfall Limitation -12 years or 6 years ?' re an appeal court case 'Bristol & West v Bartlett' where it was decided that the 12 year limitation period runs from the 2nd/3rd missed payment on the mortgage, subject to what may be written in your BS terms and conditions. It may well be that your shortfall is statute barred. You also need to check if you have acknowledged the shortfall as this can restart the limitation period from the date of the acknowledgement. Check it out with a good solicitor (one that hasn't got to worry about biting the hand that feeds him/her). The NAMV & CAB also offer free advice. Check out too (as Geoff told you) the voluntary 6 year code angle. If the shortfall is not statute barred or you have acknowledged the debt make sure you read the Home Repo site guidance from top to bottom, particularly the section on Do's and Don'ts, you will need to get the building society to prove that the shortfall is correct, i.e. have they sold your property for a fair price? etc. You may have to SARN them to find this out. Fortunately, as you handed back your keys a money judgment order shouldn't have been issued. Try and get your local MP involved too.

Hope this helps and Good Luck,Mark.

(posted 7849 days ago)

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