Ashcroft v Bradford & Bingley Plc
The appellant made part payments and written offers to pay within 12 years before the claim was issued, which constituted acknowledgment and/or part payment under s.29(5) of the Limitation Act 1980, restarting the limitation period. There was no pleaded defence or counterclaim based on sale at an undervalue, so the payments were referable to the whole debt. The claim was not statute-barred.
- Parties
- Appellant/defendant: John Howard Ashcroft; Respondent/claimant: Bradford & Bingley PLC
- Jurisdiction
- England and Wales
- Judgment Date
- 10 March 2010
- Procedural Posture
- Civil Appeal / Appeal From County Court Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Limitation of Actions, Mortgage Debt, Acknowledgment and Part Payment
Case Brief
Summary, issues, holding and outcome
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Parties
John Howard Ashcroft
Appellant/defendant
Bradford & Bingley PLC
Respondent/claimant
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Legal Issues
- 1 Whether the claim for recovery of mortgage debt was statute-barred under the Limitation Act 1980
- 2 Whether part payment or acknowledgment by the debtor restarted the limitation period
Ratio Decidendi
The appellant made part payments and written offers to pay within 12 years before the claim was issued, which constituted acknowledgment and/or part payment under s.29(5) of the Limitation Act 1980, restarting the limitation period. There was no pleaded defence or counterclaim based on sale at an undervalue, so the payments were referable to the whole debt. The claim was not statute-barred.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed; county court judgment upheld.
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