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Response to Its begun

from M Amos (idgroms@hotmail.com)
That's the way I read it, so does the solicitor, see his statement below:

"Is the lender claiming statutory interest? If so, liability for any such interest that relates to more than 6 years ago should be denied - as it is statutory interest, it comes under LA s9, a sum recoverable under a statute, and is limited to the last 6 years."

Some possible useful wording:

The Claimant has failed to distinguish between the interest and principal elements of the debt, as required by the Court of Appeal in Bristol and West plc v Bartlett. The Defendant therefore puts the Claimant to strict proof of the amount claimed, including proof of the mortgage account from the inception of the mortgage, and proof of a full completion statement relating to the sale of the property and a breakdown of the interest and principal elements of the debt.

I think you'll certainly give them more of a headache, but it shouldn't pose too much of a problem for them.

Cheers, Mark.

(posted 7647 days ago)

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