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Response to shortfall - 12 years - mortgage trust - edwards geldard

from M Amos (idgroms@hotmail.com)
It depends on what you sent them by means of correspondence over the past 12 years and whether you have made any part payment, you may have inadvertently acknowledged the debt this way and restarted the 12 year limitation period. Don't answer this question on site as lenders and debt collectors also read it. Hopefully, you should be able to get an idea from the info you received back on the Sarn, but you need a qualified lawyer to look at the paperwork to say ye or ne. You say your husband had his house repo'd in '92, don't forget that the 12 year limitation period usually runs from the 2nd or 3rd default on the mortgage repayments (subject to mortgage terms & conditions). If it was an endowment mortgage and there was a default on the endowment payments prior to that of the mortgage repayments there is case law to support the 12 years will run from the earlier date. If you haven't acknowledged the debt during those 12 years from the aforementioned 2nd/3rd default then you can tell them to get lost. Once the 12 years are up without acknowledging the debt, that's it, you cannot acknowledge it afterwards. You should also look into the CML 6 year voluntary code. Personally, I would write to the creditor stating that this debt is now statute barred under the 1980 Limitation Act and see what they come up with, the onus of proof is then with them. Make sure as I've said many times before that you always state in any correspondence that you deny liability and dispute the debt. Anyone operating on your behalf should also be told this in writing (recorded delivery) and keep a copy. If you have acknowledged the debt then put them to strict proof, all too often properties were sold for a song. It's too late to do anything legally, if that's the case, but it might help negotiate a low settlement. Please check all with a qualified lawyer CAB etc. Have to go now. Good Luck. email me if you like.

Mark.

(posted 7111 days ago)

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