Jump to content


Limitation Act 1980


DEC73
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2805 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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

Link to post
Share on other sites

They can backbill for 6 years according to the Citizen Advice site, who say that you should try to negotiate a discount, in view of the error.

 

But there is a question regarding when the cause of action accrued. Not something I know the answer in this situation, as no doubt there is specific law regarding water bills. When the water industry was privatised, because private water supplies cannot be cut off, the government passed law which gave water companies some advantages. For gas and electric, there are backbilling rules limiting this to 12 months, but this does not apply to water.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

If you're faced with a backdated bill and you don't pay it, the water company can take you to court to recover the debt. They have to do this within six years, under the Limitation Act 1980. There are no legal limits to amount they can recover, but in practice they may decide to charge you for this year plus the last six years. The Consumer Council for Water can give information on how debts have been recovered by water companies in the past. The water company can't disconnect your water supply if you don't pay.

 

http://www.legislation.gov.uk/ukpga/1991/56/contents Water Industry Act 1991

 

http://www.ofwat.gov.uk/search.form?dosearch=true&c=83a17063-3eb9-11dd-b29f-73f2a69b6c97 Determinations.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Hi Andyorch & Unclebulgaria67

 

Yes they can go back 6 years from the date the cause of action accrued.

 

TW are agrguing the cause of action was them raising a bill. Thus 6 years from 27th June 2014.

 

However I would like to know if actually the cause of action is when the breach occured - this being sometime on 2001 when they installed the meter and then failed to bill on it. If this is the case I may be able to argue that it is statute barred?

 

Any advice?

thanks

DEC

Link to post
Share on other sites

How much does the 45% discount amount to ?

 

If they have been overcharging you, and you habve paid these overcharged amounts, there is no time limit for claiming back the overcharged amounts PLUS 8% interest as per S32 of Limitation Acts, reagrding farud, conceal;ment or mistakes. I used this in a court claim and it came to a large amount when you add on 8% interest.

Link to post
Share on other sites

Hi Andyorch & Unclebulgaria67

 

Yes they can go back 6 years from the date the cause of action accrued.

 

TW are agrguing the cause of action was them raising a bill. Thus 6 years from 27th June 2014.

 

However I would like to know if actually the cause of action is when the breach occured - this being sometime on 2001 when they installed the meter and then failed to bill on it. If this is the case I may be able to argue that it is statute barred?

 

Any advice?

thanks

DEC

 

:nono: Im afraid that would not work DEC73...you cant extend a period to make it fit in line with the Statute of Limitation...they can go back 6 years

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...