Response to does the 12 years start from sale of property and mig payout

Joanne The accrual of the cause of action begins at the point where the whole debt becomes payable. You will find this is the lenders terms and conditions, and as has been explained this is normally after two or three months missed payments. I have also seen it written as “two consecutive months”.

Once you have decided where the accrual of the cause of action is as per section 20 of the Limitations Act 1980 you then need to refer to section 29 which states that accrual of action restarts upon an acknowledgement or part payment. In effect it’s the last time a payment or an acknowledgement was made.

If a Money judgement was issued at the point of repossession or at some later stage the feeling is that they can chase you indefinitely. However, section 24 of the limitation act 1980 states…………..

24 Time limit for actions to enforce judgments (1) An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable. (2) No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

Although I have not been able to find a definitive answer, I believe that a creditor cannot issue a claim twice for the same debt – maybe someone can enlighten me.

As for being chased by Royal Sun Alliance or their solicitors. The Insurance company have no authority to chase you unless they have rights of subrogation.

Subrogation means Substitution. Used particularly of the right of an insurer who has paid a claim to succeed to the rights of the insured.

You need to establish dates etc as Curtis Solicitors have a nasty habit of issuing a Statutory Demand. These can be set aside but you only have 18 days in which to do so. The defence is usually the same – they never complete the stat demand properly giving all details of their claim.

I am unable to answer personal emails at the moment as I will be away from Friday – but keep us all posted of your progress and good luck.

I hope this helps

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