Differences in Scottish and English Law

greenspun.com : LUSENET : Repossession : One Thread

My house was repossessed in England in 1993. I then moved to Scotland. It was auctioned by the Halifax and they got 21,000 (original mortgage 40,000). For some years after this, I was chased firstly by Halifax for 18,000 then 2 other debt collection agencies. I basically ignored everything as was not in a position to repay this amount. In June this year I was contacted by yet another debt collector, Experto Credite, on behalf of Royal & Sun Alliance for 10,000 (the Mortgage Indemnity claim). What i'm not sure about is what law will this come under? They quote about Contract under Seal (which I believe does not exist in Scotland). The threats vary from letter to letter of High Court and County Court proceedings - if it went to court, would I be expected to go to England? I am unsure of the Limitations - are they Scottish or English? I am Scottish so can they hold the same laws over me in Scotland? Can anyone help?

-- Elaine Kerr (laineythelush@aol.com), November 26, 2001


If the house was repossed in England then I would think that English LAw applies I am afraid. The fact that you are Scottish and now live in Scotland I beleive holds no relevance. - Sorry

-- Matt (mattyc@ntlworld.com), November 26, 2001.

Hi Matt

I spoke to you before on my case. I am still no further forward. The last letter stated that they have been to my house and are now going to return to serve county court proceedings. That letter was dated 29 October 2001. I just can't understand how they could expect me to appear at a court in England. If it all comes under English Law then am I right in thinking they have 12 years in chasing the money, and 12 years from when? They first contacted me in June 2001 which is 8 years after the house was repossessed. I also don't understand in the difference of the 6 and 12 year rule - which applies? Also do I have any say in the fact that the Halifax auctioned the house for 21,000 when I paid 40,000 approximately 3 years previous. It was a brand new flat. Any more help would be greatly appreciated. Thanks

-- Elaine Kerr (laineythelush@aol.com), November 26, 2001.

If it is Experto Credite who say they have been to your house then do not worry. They have sent me 3 letters like this, have never actuallt turned up and have never acted on their threats to serve proceedings.

I wrote back to say that as I have been corresponding then there is no reason for them to send round someone and that they should reply in writing at all times. If you have any outstanding points or letters also ask them to address these.

Ask for valuations, at least 2, and marketing information as it is their duty to obtain the 'best possible price'. It is possible that they have not done this.

I can't remeber all the details of your case so I can't make any further comment on the 6/12 year rule. When did they first make contact and when was the repo?

-- Matt (mattyc@ntlworld.com), November 27, 2001.

The first time Experto contacted me was in June 2001. The repossession took place in 1993. After the repo, Halifax used to contact me but they obviously eventually gave up when they got the Mortgage Indemnity money.

-- Elaine Kerr (laineythelush@aol.com), November 27, 2001.

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