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Response to confused about recovery of secured loans

from Guy Skipwith (guy@skipwith107.freeserve.co.uk)
Hi Jack

The limitation period for all mortgage/seccured loan shortfalls is, I am afraid, 12 years.

This seemed to be the result of Bartlett v Bristol and West, although it was not specifically stated, and was confirmed in the post Bartlett case of Thompson v Scottish Equitable.

You will probably have acknowledged the debt when you responded telling them you couldn't pay them if this was in writing and you made no specific denial of liability. If this is the case, the 12 years would have started to run on the date of the acknowledgment, and will have 2+ years still to run.

I can't locate the Thompson case reference but have it at work where I am back on Monday.

It might be useful to know who the lender is - the original agreement should really be checked to see if it complies with the complex technical requirements of the Consuner Credit Act.

Perhaps you could post or email me the name of the lender.

All the best

Guy

(posted 7392 days ago)

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