Does anyone have any details of exactly what a money order judgement is? I have been advised that to chase you for the shortfall one of these has to be obtained. If this is correct how can I find out if they have one and when it was obtained? (I've served SAR but none of their records on me are on computer so that showed nothing).

As the house that was repossessed is in Scotland and purchased under Scottish law Abbey have only 5 years in which to chase the shortfall but I'm unsure if they can chase for longer with a money order judjement or even if it's relevant and the time go's from the date the property was repossessed???

Any ideas?

-- Jo Berry (foxwood60@aol.com), December 13, 2000

Answers

If you go to the site map and do a search on Carol Riley ( can't put the URL in as I have a problem with my browser) you will find, in an old newsletter, lots of info about money order judgements. By rights they do need one although many will tell you they do not. They can, as has been shown on this site, go back after the supposed 1 year and get one but I would think this would be rare. How it all works in Scottish Law I do not know, you may want to try and phone Carol Riley - she was very helpful the once I spoke to her, but getting hold of her is VERY difficult.

If you want to e-mail me directly I have some docs about the money order contained in my letters, you may find these useful.

-- Matt (mattyc@ntlworld.com), December 13, 2000.

I have got a copy of an information sheet produced by Carol Riley. I could scan and email it to you if you want - contact me privately if you like.

My understanding is that if a lender gets a money judgement then it can pursue you for as long as it likes for the sum specified in it. Otherwise the 6/12 (in Scotland 5/20) year rules apply. (Although, significantly, the lenders must abide by Civil Procedure Rules pre-action protocols and the Human Rights Act.)

Just ask the lender if it has a money judgement. If the repo was voluntary, it probabaly won't have. At this point the lender will either back off (unlikely - though Carol I believe has had some interesting results), or say, 'we don't need one, we are relying on the mortgage deed'. At this point you ask to see the mortgage deed. (See this site, under Repossession, recently added section headed Why Lenders Refuse To Supply Documents) for why this is a document lenders don't like supplying.

Good luck.

-- Eleanor Scott (eleanor.scott@btinternet.com), December 15, 2000.