Thread: Limitation Act 1980 & Time limits for claims.

I have been doing a little digging regarding the time limits for claims, in most cases & even legal advice comes down to Sect 5 limitation act 1980
http://www.lawcom.gov.uk/docs/cp151apa.pdf

Section 5. Time limit for actions founded on simple contract

An action founded on simple contract shall not be brought after the expiration
of six years from the date on which the cause of action accrued.

But do the unlawful charges fall under this simple contract clause? Is there a case to argue for

Section 32. Postponement of limitation period in case of fraud, concealment or mistake

(a) the action is based upon the fraud of the defendant; or
(b) any fact relevant to the plaintiff's right of action has
been deliberately concealed from him by the defendant;
or
(c) the action is for relief from the consequences of a
mistake;

the period of limitation shall not begin to run until the plaintiff has
discovered the fraud, concealment or mistake (as the case may be)
or could with reasonable diligence have discovered it.

Comments would be great, i don't quite understand what this is telling me. Does this mean we have have six years from the date we discover all of the mistaken/unlawful charges to recover all of the mistaken/unlawful charges taken in the years prior?

Similar Threads:

• Limitation Act 1980 s32(1),a,b,c + (2) Actual Case Law
• Does The Limitation Act 1980 Apply
• Limitation act 1980

This has been discussed elsewhere (not sure where do a search should come up), not sure of the outcome.

My argument was that you can only get round the 6 years on the grounds of 'b' but then did the banks conceal anything, they told you they would charge you, they told you what they would charge you for and how much. We just all assumed it was lawful, does that make it concealment?

But it's not a mistake on the banks part and the only mistake on our part is ignorance.

Would be differant if they said we'll take £5.00 but took £30.00 and we didn't notice the mistake.

Originally Posted by alanfromderby

Surely if the argued successfully against "b", then "c" could be used instead?

Thanks, that was my thoughts, i will get onto the task of going back to '94.

With regards to the DPA request how far back are the records required to be kept by the banks. HSBC say they have nothing prior to 6 years, is this just a fob off?

Alan you may be right, i'd be interest to find out, after all my charges go back more then 6 years as well.

The problem is going to be getting the banks to give us the information, i'm not sure how long they are required to hold on to the information for, although i would think it's longer then 6 years.

Mgizmogpc - Do you have a thread open for the claim you mention? it would be interesting to follow the story.

Are you going to use s32 to get around s5 Limitations Act?

Best of luck,

Just read this act.

It would seem to me that if they have been told that they have over charged their customers by the OFT, FSA, MPs and European Parlament and the acts of 77 & 99.

Its just as bad as the builders who say they will do A job for X £1000s of pounds and do nothing and then are jailed by the courts for 4 1/2 years, as seen on watch dog recently. After all they were paid for nothing.

And they have written thier contracts in full knowledge that the contract is unlawfull and thier legal department should no this.

And maybe we should point this out if it ends up in court.

Failing to establish and maintain the details of the debt history may also raise
concerns about compliance with the fourth principle of the Data Protection Act
which requires that 'personal data shall be accurate and, where necessary, kept up to date'...... http://www.oft.gov.uk/NR/rdonlyres/5...0/0/oft664.pdf

Any use when requesting records involving debt prior to 6 years from the banks?

Just discovered that i have paid out in charges in the last 5 years with Halifax, BOS, Halifax Visa, Citycard Visa, Capital One Visa,Barclaycard Visa,and Monument Visa the total sun of £5750 which i have statements showing these charges. I have also discovered that i was charged £2430 by the co-op bank dating back to 1996, I will be sending my Preliminary approach for repayment letters to the former, however not sure what to do about approaching the co-op because of the six years limit. Any advise would be most appreciated many thanks Groovycaz

It's for them to argue your "out of time"

There is another more comprehensive thread on this subject. I would provide a link but I ain't clever enough. I'm sure someone else will

Ruthbridge are trying to claim from me.
This Limitations Act is all new to me.
All I see is that if there has not been any "activity for 6 years it has lapsed ?"

Seb- Just ignore their begging letters. If they are stupid enough to start a claim against you, come back and we'll wipe the floor with them.