I WAS IN HIGH COURT IN LEEDS ON TUES,HAD EVERYTHING IN PLACE FOR BARTLETT 6YR RULE.THEIR BARRISTER HANDED ME HIS CASE 5MINS BEFORE.HIS CASE BASED ON WESTBROMICH.I HAD NO ANSWERS TO THIS AND GOT BATTERED.I AM STILL SHOCKED AND DEVASTATED.JUDGE ORDERED 12YR RULE APPLIED.NOW OWE £22,000.1.BE CAREFUL WITHOUT PREJUDICE,SOME OF MY LETTERS WERE PRODUCED INCOURT.I REALLY DONT KNOW WHAT TO DO NOW,I STILL FEEL CHEATED.THE STRANGE THING I FOUND OUT WAS THAT I BOUGHT THE HOUSE IN FEB1990 BUT THE LEGAL CHARGE WAS JUNE1990.WHEN I QUESTIONED 3 WITNESSES THEY DIDNT KNOW WHY.IS IT WORTH AN APPEAL MAYBE GETTING ANOTHER OPINION NO MATTER WHAT IT COSTS,OR JUST ACCEPT IT

-- ian ward (wardyian2003@yahoo.co.uk), May 20, 2004

Answers

Ian,

I'm sorry things didn't work out for you. It's a pity you didn't read this Q&A site before because the Bartlett case decided the 6/12 year issue, i.e. the lender has 12 years from from the date of accrual of action, usually the 2nd or 3rd default on the mortgage payment (subject to the mortgage terms & conditions), this has been spoken of many times since July 2002. If it is an endowment mortgage and the default on the endowment policy repayments was prior to that of the mortgage payment then time could start running from the earlier endowment default. The WBBS mortgage issue has also been spoken about, the last time by Guy Skipworth, see his postings entitled "West Bromwich Building Society" dated February 17, 2004. The last info I received was that the WBBS appeal court case was to be heard at the end of this month?? Before committing yourself to further legal action I think you need good legal advice, I know it's often a problem to find someone who really knows their onions and who doesn't just want to milk you for all you are worth. Bear in mind too that the law is heavily weighted in favour of the lender. Lenders can also afford the best barristers, in contrast to most shortfall victims. I wouldn't be surprised to find that your case hadn't already been decided before you even walked through the courtroom doors. How many cases have you seen that have been won by the borrower ?? Sorry if this sounds negative but I think it's realistic. Good Luck anyway whatever you decide.

Mark.

-- M Amos (idgroms@hotmail.com), May 23, 2004.

The case that Mark refered to is Wilkinson v West Brom. It has been heard in the Court of Appeal and judgment is expected in two weeks or so

-- Guy Skipwith (guy@skipwith107.freeserve.co.uk), June 10, 2004.