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Response to Help-has my SARN caught them out!
from Gordon Bennet (arsenewhinger@hotmail.com)
Sounds like you are on the right track Jen. I think a lot of us are
in similar situations concerning MIG payouts which make up the major
part of claims for shortfall liability. A lot would appear to balance
on the question of is a MIG payout a debt simple or a specialty debt
(as claimed by lenders). There was some talk in a recent posting
about upcoming Appeal court cases which may resolve this issue once
and for all (or until the next appeal anyway). I still think that the
lenders are shit scared of losing this argument which is why it
hasn't yet been tested in court and also why the CML introduced their
voluntary six year limit. I think you have a strong case but you may
just have to accept that they will not concede and get used to
rebutting their letters for the next few years.
(posted 8650 days ago)
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