Limitations Act 1980

[thephoenix]

I'm sure this has been covered 1000 times but thought I'd get your points of view on this.


The basic rule is that a claim in tort or in simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

“Cause of Action” has been defined as “every fact which it would be necessary for the plaintiff to prove, if traversed, in order to support his right to the judgment of the Court”.

Read v Brown (1888) 22 QBD 128 at 131.

The cause of action whether in tort or contract arises regardless of
whether or not the Claimant could have known about the damage. (being financial damage)

So wouldn't that be the at the point of your first request for the charges to be returned, at that point you then have 6 years to claim in a court of law.

Cause of action - Read v Brown (1888) 22 QBD 128 at 131.

The cause of action whether in tort or contract arises regardless of whether or not the Claimant could have known about the damage - Pirelli General Cable Works Ltd v Oscar Faber & Ptns [1983] 2 AC 1,

There is no general statutory provision for the extension of time in contract cases when the breach is not immediately discoverable. This is subject to only limited exceptions for cases of :
* Deliberate concealment of a fact relevant to the Claimant’s right of action will there be an extension of time. - Limitation Act 1980 s.32(1)(b))

Although the banks are not deliberately concealing anything are they :rolleyes:

[Glenn UK]

Re: Limitations Act 1980

I'm sure this has been covered 1000 times but thought I'd get your points of view on this.


The basic rule is that a claim in tort or in simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

“Cause of Action” has been defined as “every fact which it would be necessary for the plaintiff to prove, if traversed, in order to support his right to the judgment of the Court”.

Read v Brown (1888) 22 QBD 128 at 131.

The cause of action whether in tort or contract arises regardless of
whether or not the Claimant could have known about the damage. (being financial damage)

So wouldn't that be the at the point of your first request for the charges to be returned, at that point you then have 6 years to claim in a court of law. No, the cause of action was the unlawful levying of their charges, not your knowledge of the unlawfulness of the charges.

You can only rely on Sec 32 of the Limitations Act based on your mistaken payment in the belief the Defendants was lawfully allowed to impose such charges, or you can prove they concelaed the unlawfulness of thier charges. i do not believe that reliance on Sec 32 changes the date of the cause of action, only your ability to reclaim those charges.

Cause of action - Read v Brown (1888) 22 QBD 128 at 131.

The cause of action whether in tort or contract arises regardless of whether or not the Claimant could have known about the damage - Pirelli General Cable Works Ltd v Oscar Faber & Ptns [1983] 2 AC 1,

There is no general statutory provision for the extension of time in contract cases when the breach is not immediately discoverable. This is subject to only limited exceptions for cases of :
* Deliberate concealment of a fact relevant to the Claimant’s right of action will there be an extension of time. - Limitation Act 1980 s.32(1)(b))

Although the banks are not deliberately concealing anything are they :rolleyes:

I think the case law (Pirelli General Cable Works Ltd v Oscar Faber & Ptns [1983] 2 AC 1) supports my comments.

I dont think writing to the bank can be construed as the cause of action since this occurs with or without the claiamnts knowledge.

[strangewayofsavin]

Re: Limitations Act 1980

I agree with Glenn, writting to the bank via an LBA would be a personal point of veiw, quoting relevant points to highlight the pro's of your point.
Should the OFT get a result, then the 6 year clock could theoretically start again. For example last year I would have stated the OFT statement of the Credit card statment 2006, if they get a result in Jan 09 (god forbid) it would be open season again, or so I understand.