Limitations Act query

[n20998]

I have an issue with an organisation dating back to 2012. I complained about this and had quite a bit of correspondence in 2016.

It would be a contract claim through small claims court and obviously beyond 6 years since the issues occurred. However, I’m wondering when the ‘action’ actually starts, is it the court claim, the letter before action or could I argue the complaint?

Also, any info or thoughts around using lack of mental capacity to ask the judge about an extension would be great. Particularly thinking about addiction and PTSD which was not properly diagnosed until later.

Many thanks

[R0b]

Time starts from th date the breach occurred. However, section 28(1) of the Limitation Act 1980 says that time does not run if the person has a disability, which means you lack capacity under the Mental Capacity Act 2005.

That's where it starts to get complicated, you would need to show evidence to prove the mental capacity such as medical notes, or a court may require an expert report on your capacity at the time based on the history - all of which can be time consuming and expensive.

Given that you mention this is likely to be a small claim, is it even worth pursuing? You could end up coming out the other end much worse off than you started.