1987 Mortgage debt - still being chased!!

[Ell-enn]

I'm with you but I feel they might have got this CCJ through right at the end of the 12 years However, if they sent the papers to an address that he was not living at, then he had no opportunity to defend it and therefore another reason for a set-aside. Might be a good idea to get a copy of the original claim from the court so he can see where it was addressed to.

[inspectorgadget]

Hi all, I can see what you are saying, so will apply for the subject access request.

 

PostGGJ - The Mortgage was with TSB, but TSB are now Lloyds TSB, so I should really go to Lloyds TSB head office or the branch where my account was held... if they are still there?

 

Elll-Enn, just so you are aware, the CCJ was claimed at my current address in Jan 2008, I did get a visit (whilst I was not in, in 2009 asking me to contact the court, but I did not as was unsure of the consequences of that action)

Edited January 10, 2010 by inspectorgadget
adding to response

[inspectorgadget]

I have contacted the court though, this is how I received a copy of the CCJ, so they are aware I live at tmy current addres

[wonderman]

Here is an blog that I found which contains helpful information for anybody that is being chased for very old mortgage shortfalls. Posted below is the link for the full blog (highly recommended reading), and also below is a extract of the blog to give you a flavour of the very helpful legal defences that you may be able to assert.

 

Seal67

 

 

If you owe your Bank a shortfall on a Mortgage, they have six years to come after you if the shortfall is on the Interest and 12 years if it consists of the Principal Mortgage Loan. This is because the Contract for Interest is separate for the Contract for the Principal Loan. The latter is contained in a Mortgage Deed, described as a Contract of Speciality, which as said has a 12 year time span for a Claim to be brought in Court as opposed to 6 years for the Contract for Interest, which is under what’s called a Simple Contract. This principle of Limitation applies to all actions for Money and is not necessarily restricted to Mortgage Shortfall cases.

The time is calculated from the date you default in your Mortgage repayment, i.e when “the cause of action accrues”. (This principle has recently been firmly established as the current Law on this subject by the House of Lords last year in West Bromwich Building Society v Wilkinson [2005] 1 WLR 2303)

 

If they do not do this then you can raise it as a defence to the Court action they’ve brought against you. Its called a Limitation Defence. Bear in mind however that if the Bank issues a demand after the cause of action “accrues”, then the Limitation period then has to be calculated from the date of the demand.

 

If however the Bank gets or has gotten Judgement against you, then there is no time limit for it to enforce the Judgement. Enforcement refers to action taken by a party at law to recover a Judgement its obtained, such as Attachment of Property (the good old Bailiffs), Attachment of Earnings, etc. For this there is no time limit. Be careful.

 

In conclusion a word of warning, never ignore demand letters, always keep a conversation going with creditors and always demonstrate good faith by making a payment no matter how small. If however the Lenders adopt a rigid stance, talk to an IFA or a decent Solicitor. The main lesson is that in a capitalist world they never go away (debts that is- not the Solicitors and IFA’s).