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Response to Income and Expenditure form
from Melody (mbc109@york.ac.uk)
It is my understanding too that the lender has 12 years to chase a
shortfall debt, and that there is some disagreement whether this
period starts from the first mortgage payment default, from the
repossession, or from the sale. Lenders might even argue it dates from
when they quantify the debt, which might be some days after the sale.
My understanding is based on Section 20 of the Limitations Act 1980. I
think the confusion is added to by the voluntary CML agreement to not
chase shortfall debts if they have made no initial contact within 6
years. This much-feted agreement simply means they'll stop worrying
about the tiny number of really awkward cases which they fail to
contact within 6 years. It has no effect on the vast majority of us.
Call me cynical but I don't think you'll get anywhere with a 'disaster
fund'. But an 'amnesty' on debts arising from the recession of the
early 90s should be suggested somewhere about now, just at the time
when lenders are beginning to get nervous again. As time goes on, the
costs of chasing some of these debts must rise to meet the payments
they receive -- making them pale into insignificance beside the richer
pickings they can expect from the coming round of repossessions,
simply because the amounts involved have risen so dramatically.
Good luck
(posted 8698 days ago)
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