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Found 7 results

  1. Are PCNs subject to the 6 years (england) statute barred law anyone know?
  2. I have sent Halifax a CCA request several times over the past year, which they seem to be ignoring! This card was taken out in the late 1980's I'm guessing they are having difficulties retrieving any documentation. I have spoken to the Financial Ombudsman and they say they cannot force a company to produce documentation they do not have. If I raise a complaint with them they can only ask the same way I have. They have not sold the account, they have passed it on to a DCA to manage the account who are now demanding a massive increase in the monthly payments. Without the contract I do not now what my rights are. So, what should I do next? Thanks in anticipation sidley
  3. Hi I am trying to find out what can information retained under the limitations act be used for, I have data held by a university who state in their records retention policy that the information is the be retained for 6 year from end of program with the reason for retention of the data being given is the limitations act 1980. Can data retained under this act be used for any other purpose? the information relates to internal disciplinary hearing in 2009. I left the university in 2010 and returned in 2013 to do a different program. The university now wants to access this information from my previous course, I am arguing that my contract with the university ended on 2010 when i left and that in 2013 when i returned for a different course that was a new contract and staff on the new course should not have automatic access to data from my previous course. Really up against it here any relevant advice appreciated
  4. Pretext: Have been looking into the possibility of building a solar panel from scratch as part of an allotment project. Bit of fun more than anything. Discovered one of the major hurdles with building any solar panel (commercial or otherwise) is condensation and water vapour. It can severely damage the panel and reduce output, sometimes destroying it altogether. One of the ways they deal with this in commercial panels is to encapsulate the solar cells in a resin or epoxy, which are usually silicone based. Apart from being horrendously expensive to purchase, research is starting to show these encapsulants may still allow moisture to permeate. (You also have to wonder how "green" these resins and epoxies actually are!) Problem is there is not a lot of long-term data to state with any certainty how durable these solar panels actually are, especially in the UK climate. Many manufacturers and green organisations state panels can be expected to last 25 years or more. Installation guarantees are typically 5 years; product workmanship guarantees vary between 5 and 10 years; power output guarantees are usually 25 years. The expected payback time of a solar array is usually around 10 years. The question: If one or more commercial solar panels fail, in reality what protection does the consumer really have? Assuming of course these failures start to occur several years down-track. Are these guarantees really worth the paper they are written on?
  5. Hi All Can anyone offer me advise on the following: Thames Water have accepted responsibilty for incorrectly billing my business for 13years. So far I have negotiated a 45% discount on the money owed and they are adament that in line with the Limitation Act1980 they can back charge me 6 years. They quote: Time limit for actions for sums recoverable by statute. (1)An action to recover any sum recoverable by virtue of any enactment shall not be brought after the expiration of six years from the date on which the cause of action accrued. As no bills were sent for 13 years, and TW did not discover there error until June 2104 - does the cause of action start in June 2014 when they discovered the error or June 2008 the 6 years prior they say they are entitled to backdate? There had be no communication from TW prior to June 2014. Any thoughts? thanks DEC
  6. Hi I have been reading various threads on this forum with interest but need to know if anyone can clarify dates for me with regards to the limitations act and statute barred debts. I know if a County Court Claim is issued within 6 years then it is valid. However the creditor (Lowell Portfolio 1 Ltd) has jumped straight to a Bankruptcy Petition. My last payment for the debt was in July or August of 2006 and since then I have not paid towards or admitted the debt. In June 2012 a Statutory Notice was served on me personally, though I was asked for no id and no signature. I did not respond. This was served it appears (though records are fuzzy going back 6 years) just within the 6 year period of when I last paid/admitted the debt. In September 2012 the petition was presented to the court which is outside of the 6 years. The hearing date is in December. National Debtline believe the 6 year limitation is from the date I last paid/admitted the debt to the date of the hearing which is outside of the 6 year period. The date the petition was presented in September was outside of the 6 years. But the date the statutory demand was personally served was within. So is the debt Statute Barred??? Interestingly the Petition itself was posted and served personally, but the Statutory Demand was only served personally, no letter.
  7. Someone I am helping is being taken to court by a party claiming an alleged overpayment of wages relating to payments made to her that began in early 2003. These payments varied in the first year but remained a fixed amount since 2003 until the middle of 2010 when their employer noticed the payment. The former employer admitted that the employee had not caused these payments to be made in any way. Several times, it was pointed out to the employer that payments made six years prior to their discovery were certainly statute barred. They tried quoting the part of the Limitations Act that allows the clock to start from "the discovery of the mistake" but I pointed out to them that could only be the case if the mistake could not have been found, with reasonable diligence, earlier. They have ignored this. The employer are in possession of no more facts than they had when the payments were made. The former employee has not accepted that this debt is owed. In one communication, it was actually asked why this question was being ignored as though it did not exist. In 2011, Ascent are pursuing every single payment. Irwin Mitchell are pursuing the payment. They were advised that the whole sum could not be pursued as this included payments that were made in 2003. This year, the party, took her to court and have unbelievably refuted the Statute Barred defence with their defence that they did not discover the mistake(s) until 2010 and claimed that stopped the claim being Statute Barred. They have never claimed that the mistake(s) could not have been found with reasonable diligence at the times when the payments were made. Although, the individual payments have been supplied, the actual net payments made to her have never been broken down. Only the total net payment has been requested. It gets better, the party who are pursuing the debt are... wait for it ... the one and only Ministry of Justice. There are also other issues that can be had with their claim but I am interested to know about the time barred element of this situation. Am I out of perspective by stating this situations is BONKERS?
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