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Mortage Shortfall


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Finally got all my documents from the claimant and its not looking good for them


1) Illegible agreement I have asked them for a legible copy

2) No statements for a number of years at the begining of the mortgage

3) Terms and conditions are for a different company who they didn't become until a while after the mortgage was started pre date the mortgage.

4) Payments on the shortfall where made by partner who wasn't liable for the debt as the mortgage was with another person prior to this relationship. I have statements from the bank for the whole period proving this and we have separate bank accounts


Am I right in thinking

No agreement - no debt

No statements - they can't prove the balances are correct

Terms and conditions - these aren't relevant

Interest is statue barred as payments made by third party who isn't liable and action can not be restarted once the time period has lapsed - Over 6 years since any payment made by anyone liable for the debt.

Outstanding balance is nearly statue barred but this is close and settlement offer was made 7 years after repossesion so this restarts the 12 year rule

Edited by Loser4u
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