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Second charge mortgage question

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  • Second charge mortgage question

    Hi,
    I have recently received an offer to reduce an outstanding amount from a well known(infamous) secured lender, in relation to my complaint about interest charges and unfair terms. One of their caveats in making the offer is that my complaint was made outside of the 6 year time limit, even though they are still prepared to make an offer. My question to those legal beagles here is, is that time limit assumption correct? The loan application was agreed with the completion of a deed of postponement. I believe that complaints about deeds have a 12 year time limit. Would that be the case under these circumstances?
    Thank you very much for any input you can offer.
    Tags: None

  • #2
    IMO they are incorrect.
    A mortgage deed being under seal is a specialty, and the Limitation Act 1980 sec8 states:
    "An action upon a specialty shall not be brought after the expiration of twelve years from the date on which the cause of action accrued."

    Wait to see if others have a different view

    Comment


    • #3
      Hi DES8, thanks for your quick response, I will wait as you suggest to see if there are any differing views.

      Comment

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