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Response to Cut off point !!!

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

I echo your sentiments totally, I'm sorry to see you back again. I think the critical questions here are: 1)When was the last payment made to a debt collector/lender? 2)When was contact last made with the debt collector/lender? 3)Was an MJO issued ? A part payment can restart the 12 year limitation period from the date of that last payment. A contact in writing can also cause this depending on the wording. You need to speak to a solicitor to check this. I can give you a bit more info on acknowledgements if you wish, it's a difficult area (personally I feel, in unclear cases, that it will depend on the view of each individul judge, and who can afford the best barrister). If an MJO was issued they can pursue you indefinitely (although I suspect this isn't as straightforward as it sounds, I'm waiting to hear what the Treasury Minister has to say on this) I don't know whether you know, but in July of last year an appeal court case established that the 12 year limitation period usually runs from the 2nd or 3rd missed payment on the mortgage (subject to acknowledgements/part payments and the terms & conditions of the mortgage). Another, perhaps, useful piece of info I received from a solicitor is this:

Another interesting point held in Lowsley v Forbes was that the provisions of LA '80 under which 'deliberate concealment' postpones the running of time (s32) do not apply to the debtor concealing him/herself but rather to the debtor concealing that a cause of action had arisen.

Successfully hiding does not, therefore, stop time running.

I'm not a legal expert so please check all this out, but as far as I know it's all correct.

Hope this helps. Good Luck.

Mark.

(posted 7723 days ago)

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