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reclaiming outside of 6yrs Statute of limitations


phatram
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Could anyone please tell me what this paragraph is from?

 

 

c) The Defendant has concealed, and continues to conceal that the charges debited are unlawful. If this is not the case, and the Defendant truly believes that these charges are lawful, then the Claimant contends that the Defendant is mistaken. As the Claimant only became aware during February 2006 that the charges debited were unlawful, then section 32(1 Xb), or section 32(1 )©, of the Limitation Act 1980 should apply, and the charges debited are therefore within the primary limitation period.

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Well it looks like a POC or response to defence talking about claiming OVER the 6 year limit.

 

Here's the section in full

[quote name=32 Postponement of limitation period in case of fraud, concealment or

mistake]

(1) Subject to subsections (3) and (4A) below, where in the case of any

action for which a period of limitation is prescribed by this Act,

either--

(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

© the action is for relief from the consequences of a

mistake;

439

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.

References in this subsection to the defendant include references to

the defendant’s agent and to any person through whom the

defendant claims and his agent.

 

The whole Act is here: http://www.lawcom.gov.uk/docs/cp151apa.pdf

Be VERY careful whose advice you listen too

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