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S.28.4 Limitation Act

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  • #16
    Think this might come back to a power v authority scenario. I’ve always said that whilst the mortgage gave the bank powers of enforcement, the Bank was under a legal obligation to obtain the court of protections authority before exercising those powers, and interfering with the mentally incapacitated persons property/possessions. As I had already made the bank aware that a court of protection receiver was required, I imagine the right of action occurred when they ignored this requirement and just went ahead, helped themselves, and disposed of his property

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