Wilkinson v West Bromwichgreenspun.com : LUSENET : Repossession : One Thread
Does anyone know outcome of this appeal?
-- Saul Lyon (email@example.com), June 17, 2004
The case has been heard and judgment is due in the next week or so.
-- Guy (firstname.lastname@example.org), June 18, 2004.
What was the substance of the appeal please?
-- David J. Button (email@example.com), June 20, 2004.
The WBBS appeal relates to when the limitation period in respect of a shortfall starts to run.
Wilkinson, and at least one other county court case that I have seen, held that it runs from the date of the sale of the repossessed property. This was due to the construction/interpretation of WBBS mortgages which do not say specifically that the loan becomes due for repayment after X number of missed payments.
The case is critical for many WBBS shortfalls because they often leave it almost 12 years from the date of sale to issue proceedings.
Still no sign of the judgment I'm afraid.
Another interesting point - in one of the WBBS cases, WBBS v Brown, Croydon County Court, 20th August 2002, the deputy district judge cut by 50% the interest that he awarded WBBS because he considered that the delay of over ten years in issuing proceedings was not 'reasonable or justified'. On this issue see also Adcock v Co- operative Insurance Society [2002 CA] and Adamson v Halifax [2002 CA] - an underselling case.
-- Guy Skipwith (firstname.lastname@example.org), July 09, 2004.
The judgment is now available from the court service website:
-- F Wong (email@example.com), August 06, 2004.