Having successfully set aside the S/D from Brittannic Money on Grounds that the figures presented in their copy statements were massaged and the demand for which the preceedings had taken place ( 36K )were thus questionable . The Judge (Jones) ordered costs to be bared by Brittannic. I am now seeking advise on how to pursue this further,as during the hearing at Slough County Court i had a statement from 15th /may 1992 suggesting that i was in arrears by (4k)and on their copy statement forwarded to myself it was (14900k)on the same day. plz help as i need to bury the ghost.plus am i now in a position to start requesting for the property documents ,valuationn reports,in relation to underselling and negligence on their part.

-- Mohammed Aleeem (maq7876uk@aol.com), September 12, 2002

Answers

Well done Mohammed! It sounds like you are doing a good job of trying to make them tell the truth (not easy for mortgage lenders). If you have not already done it, SARN Brittanic so you have all the paperwork. Good luck,

-- Melody (mbc109@york.ac.uk), September 12, 2002.

Mohammed well done. I am no expert but I seem to remember a posting, further down the site, relation to the 6/12 year rule for them persuing their claim. I think that the period allowed runs from 'When the default first occurred and a 'few' payments were missed'. From what you say that could have been 1992! As I said i am no expert but i am sure that others will chip in with comments on these thoughts.

Best of luck, Mike.

-- Mike (mail@resdev.freeserve.co.uk), September 12, 2002.

Mohammed,

When did you first default on your mortgage?

-- M Amos (idgroms@hotmail.com), September 15, 2002.

First default according to their statement is 1/1990 and then 10/1990,i am in the process of sarning them and want to know if i can obtain info on sale of properties within a specified area in middlesex for underselling of my as to justify negligence on their part.ie(land registry etc)please help all info appreciated.

-- Mohammed Aleem (maq786uk@aol.com), September 17, 2002.

Mohammed,

I think you should take a look at the following info I posted earlier. If you first defaulted in Jan 1990 then it's possible the mortgage shortfall is now statute barred. It has now been established that the 12 year limitation period runs from the 2nd or 3rd missed payment on the mortgage, see below for more precise details.

-------------------------------- Just a short note to let you know that the Court of Appeal handed down a reserved judgment in Bristol & West v Bartlett (and two other conjoined cases, Paragon v Banks and Halifax v Grant) this morning.

The case involved a determination as to the limitation period facing a lender seeking to recover the shortfall in the mortgage debt after sale of the secured property.

The headline news is that the Court of Appeal has decided that s.20 of the Limitation Act 1980 is intended to provide a complete code for mortgages. Issues as regards the application of ether s.5 or s.8 do not arise. The dicta of Auld LJ in Hopkinson v Tupper are dead and buried.

Therefore, in respect of capital, the bank has 12 years to commence proceedings after the cause of action accrued, usually when the entire mortgage debt became due on the monthly instalment payment being missed for the second or third month. s.20(1) applies.

In respect of interest, it appears that the bank has 6 years from that date to recover interest. s.20(5) applies. However, rather oddly the issue as regards interest accruing after the sale has been specifically left open.

Two other short issues are dealt with An express mortgage shortfall covenant does not give rise to a fresh cause of action accruing on the sale of the property. In order to avoid any issues as to appropriation towards either interest or capital, the lender should adduce evidence of how the net proceeds of sale were applied to the mortgage account.

-- M Amos (idgroms@hotmail.com), September 20, 2002.

Mohammed,

I forgot to mention it also depends on whether the court issued an MJO, or if you have subsequently acknowledged the debt in writing. If an MJO was issued they can pursue the debt indefinitely, and if you have acknowledged the debt at a later date it can restart the 12 year limitation period anew. As I understand it an acknowledgement has to be categorical,in writing, and signed by you. If you have made a part payment that can start the clock running anew again too. However I am not a legal expert, so please check all this out with your solicitor or the CAB.

Good Luck.

Mark.

-- M Amos (idgroms@hotmail.com), September 20, 2002.