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Limitations Act


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HI EVERYBODY

I A HAVE A PRELIMANRY COURT DATE for the 27/07/2007 againt abbey i have claimed charges going further than the six years allowed on my schedual of charges.I have not made any mention of the limitations act on my schedual of charges nor on my particulars of claim abbeys solicitors say they will defend any claim beyond 6 yrs

my questions are

1. can i claim on my statement of evidence quoting the s.32 (abc) sections adding some case law

2.should i reduce my claim to 6 yrs to be safe

3.could the judge strike out my claim because it is not set out correctly or would i be told to reduce my claim to within the six year limit (this would cost £200 on a £900 claim)

thanks for any info

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Hi......Abbey told me the exact same thing....just scare tactics. I claimed almost a year over six years....quoted the Limitations Act in my court bundle with some case histories and they settled in full out-of-court on the whole lot including the extra year. I made no mention of the Limitations Act prior to putting in my court bundle.....the judge made no mention of it in his directions either.

 

Obviously it is entirely up to you......but personally, I would not worry about it.

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