Thread: A way around section 32 6 year rule??

Just a thought here guys...

The limitation act, section 32 states that when...

(b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant

...then the limitation period is postponed...

When I sent my pre-lim, the template asked the bank for a detailed Breakdown of what it costs to actually deal with the bounced cheques / O/D charges etc. In my response the bank did not include this information.

Surely this is a relevant fact which has been concealed from me by the defendant?

Any thoughts??

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Hi everyone, am thinking of sending this, any thoughts?

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17th February 2007

Alliance & Leicester Plc
Group Legal Services
Customer Services Centre
Narborough
Leicester
LE19 0AL

Dear Jackie McGuirk,

Re. Account number: xxxxxxxxxxxxxxx
Your ref: xxxxxxxxxxxxxxxxxxx


I refer to you letter dated 15th February 2007 requesting a detailed Breakdown of charges that I have incurred on the above account since 8th February 2001.

As requested, please find this list enclosed, together with a breakdown of interest added to these charges up until 8th February 2007 and £50 small claims court fee.


Section 32(1)(b) of the 1980 limitation act to which you refer postpones the commencement of the limitation period where "any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant". In this instance the commencement of the limitation period is postponed and does not begin until the claimant discovers the concealment to allow reasonable time to present my case, which I have taken.


In my letter dated 23rd January 2007 I requested that if you failed to refund my initial request for charges of £xxxx, I required you to send me “without further notice a breakdown and proof of all costs involved, in regards to your actual or liquidated losses involved in any breach of contract to which these charges relate with yourselves, and that these charges reflect your true costs in relation to the said charges, and are proportionate to the charges levied on my account as defined in Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e)”. Alliance & Leicester failed to refund the charges and failed to provide this breakdown of costs involved, thus, concealing a relevant fact to my right of action.

Therefore, please note that the full amount I will be pursuing my claim for though Northampton county court is £xxxx in full, inclusive of £50 small claims court fee. I have included this breakdown also.

Please also note that due to the attempts to obtain similar information on my closed credit card account on 12th December 2006, 23rd January and 29th January which have been ignored, I have raised a complaint against Alliance & Leicester through the Information Commissioner for a breach of the freedom of information act. You will be hearing from them in due course.

Yours Sincerely,


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