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Response to 12 year Expiry

from M Amos (idgrom@hotmail.com)
James,

I think Chris above is a little confused here. You say that there was a lack of progress when asking for the relevant information, presumably you asked the lender for information earlier? Did you SARN the lender? Even if you didn't reply to any letters this does not stop the 12 year limitation period. The following comes from a solicitor in regard to the 12 year limitation period " Another interesting point held in Lowsley & 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."

If you didn't acknowledge the debt or make a part payment and there was no MJO, and 12 years have passed since the 2nd or 3rd default on your mortgage payments (subject to the terms & conditions of your mortgage) then this alleged shortfall will be statute barred. Was your mortgage a joint one ? An ex may acknowledge a debt by making a part payment. I think that the best thing in your case would be (if what I said before applies) to write to the lender stating thst this alleged debt is now statute barred and see what they come up with. Make sure you still make clear in all your correspondence that you dispute their claim and deny responsibility. As I understand it they will be able to make entries with credit agencies, as you put it. When a debt is statute barred it does not mean it ceases to exist, it does mean though that the creditor cannot use court action to recuperate the loss, the debt just lies there so to speak. I am not a professional adviser so please double check all this with one.

Mark.

(posted 7612 days ago)

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