John,(posted 7445 days ago)I believe a number of solicitors and debt advisors have inadvertently restarted the limitation period for mortgage shortfall victims, the only way you can check this is by getting a solicitor or debt advisor who knows what he's talking about to check through the paperwork. If this is the case, I doubt if you'll have any comeback, they'll probably have it all stitched up. Furthermore, the issue of what exactly constitutes an acknowledgement is not always clear cut, and may have to be decided in court. From what I've heard the court usually comes down on the side of the lender, don't expect the law to be fair, call me cynical if you like but I think more often than not it depends on whether the judge has shares in that particular BS, or is a member of the "old boys' club". All written communications with lenders or debt collectors etc should always state that you do not acknowledge the alleged debt, that you dispute it and deny liability. Any offers should be made "Without prejudice" and on an "ex gratia" basis. Failure to do the aforementioned can restart the limitation period. It should also be mentioned that if the mortgage was a joint one an ex partner may restart the limitation period for both by making a part payment, though cannot restart it for the other by a written acknowledgement (see previous postings on this as there is some argument on this).
Lastly if a Money Judgment Order was issued the lender (in theory) may be able to chase you indefinitely, however, a lender would need to return to court where more than 6 years has passed since issue to obtain leave to enforce, but where more than 6 years has passed before the lender tries to enforce a judgment by execution against goods, it has to show the court that there were good reasons for the delay. I suggest that you check it all out with an experienced legal professional/s, Ahmed Butt from the Mary Ward Legal Centre or NAMV for example. Good Luck, please let us know how you get on.
Mark.