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Birmingham Midshires - Arrears Claim Refund Statute Barred? - Urgent


removalman
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Hello,

 

I'm into some "Without Prejudice" correspondence with inhouse counsel acting on behalf of HBOS (Birm Midshires) following a claim I've made for a refund of arrears.

 

They are contending that this is statute barred as the claim relates to a mortgage taken out in 1990 and redeemed in 1996 therefore the whole thing finished more than six years ago.

 

Can anyone give me (urgently) an appropriate form of words pointing out that I was not aware that arrears charges were unfair until recent case law brought this whole thing to the fore? Therefore how can it possibly be statute barred if I didn't discover the possibility of being able to make a refund claim until about six months ago?

 

Can anyone help me please?

 

Many thanks.

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