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RE 12 year rule and 10years plus no contact from the building soc.

from Ian Turner (ian.turner001@ntlworld.com)
This I think may help many people who are getting demand from building soc some 10 years or more after repo. There is a paragraph in an appeal court judgement which states quite clearly that the cause of action begins when u go into default with your repayments not when the property was sold. The case is Bristol & West and Robert Wayne Bartlett 31 july 2002 para 28. "We consider, however, that the relevant cause of action is the cause of action for the debt and, following McHenry, that there is no fresh cause of action arising on the ascertainment of the deficiency. " http://www2.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2002/1181.html Worth looking at I think ,hope it helps someone.
(posted 7376 days ago)

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