[ Post New Message | Post Reply to this One | Send Private Email to who?? | Help ]

Response to financial ombudsman

from who?? (who@idontwanttosay.com)
Its very hard to give you specific answers to your queries without knowing the full facts of your case as there are so many different considerations that need to be made when it comes to limitation.

Very simply, Lenders can chase for 12 years dependant on certain factors.(I have found that the majority of shortfalls can be pursued for 12 years) - This has been discussed in many previous posts on this site so check messages regarding limitation, cause of action - also the legal case bartlett v bristol & west.

The 6 year YOU refer to is the Council of Mortgage Lenders VOLUNTARY Policy. (see other postings)

The 6 year I mentioned was regarding undersale defence. This means that should the lender take you to court in year 10 since your last payment and it has been over 6 years since the lender first notified you of the eventual sale price of your house then you would not be able to defend the claim by stating that the lender undersold your house as it would be struck out.

If you require more personal assistance please provide the following

Date of Sale

Date last payment was made to the lender by you or a joint borrower

Which lender was it

When does the lender claim they first wrote to you regarding the house sale / shortfall

Have you ever provided income details or written to the lender and if so when

in1/12they originally advise you (see previous messages on this site as plenty of explanations already exist) So if

(posted 7337 days ago)

[ Previous | Next ]