Statue of limitations??

[Guest]

Re: Statue of limitations??

Its not default date like Lowell's told me on the phone its last payment date.

My wife's default drops off in October 2012 and her last payment was march 14th 2006 so on 14th of march 2012 I sent Lowell's an email saying this debt is now statue barred and I will not be paying.

Received a letter from Lowell's saying after checking this account we find this debt now comes under sec 5 of the limitations act 1980 and have now closed the account.


So it is the last payment date

Glad it turned out well for you.

Peter

[charitynjw]

Re: Statue of limitations??

Nice one, Boogiemaster!

As a footnote, Swansea City Council v Glass is an interesting case re date of cause of action versus default notification.

https://docs.google.com/file/d/0B6i5...hl=en_GB&pli=1

[CleverClogs]

Re: Statue of limitations??

Statue of limitations

One keeps reading of these remarkable effigies, but nobody ever states whence such may be had.

If anyone has any ideas, please post them here.

I'd like a Statue of Limitations for my garden.

[labman]

Re: Statue of limitations??

As the name suggests CC, they were a limited edition. A small number were made each year for six years, then the company making them was banned from making more by law, hence the phrase Statute Barred.

They occasionally turn up at placesike Sotheby's, but are well beyond my pocket now.

[Guest]

Re: Statue of limitations??

Nice one, Boogiemaster!

As a footnote, Swansea City Council v Glass is an interesting case re date of cause of action versus default notification.

https://docs.google.com/file/d/0B6i5...hl=en_GB&pli=1

THanks for this C where do you find these?

Very useful. it seems to say that the default notice given in this cse is ,
mearly a prodeedural device and that the cause of action was when the work was completed and the payment become due.

Applyng this to a credit card scenario it would indicate that the cause of acton was when the agreement was terminated as that is when all liabilities under the contract become due.

This supports what i contended earlier in that the cause of action lies somewhere beween the last missed payment and the default notice.
It depends on when the court would consider the agrement terminated. This may be due to a term on the contract or requirments of the act.

Peter

[labman]

Re: Statue of limitations??

Wasn't there a link posted up to somewhere other than baillii or whatever it is a while back? I'm sure someone found another database of judgments.

Anyone?

[CleverClogs]

Re: Statue of limitations??

Do you mean Harrison v Burke?

[labman]

Re: Statue of limitations??

No, I'm not sure if it was Cynthesis trying to find a judgment, or somebody asked about a database of County Court judgments. Various things were posted in reply, but one was significant if my memory serves me correctly.

Charity!!!!!!! This is the sort of thing you'd have looked up - can you remember it at all?

[charitynjw]

Re: Statue of limitations??

Hi labman, you rang, sir? lol

Is this what is lurking on the peripheries of your memory?
http://www.city.ac.uk/centre-for-law...he-digital-era

As for existing databases, there is of course JustCite, but it will cost.
http://www.justcite.com/Register

[labman]

Re: Statue of limitations??

It could well be. Was that from the thread where Exc and co were all trying to find a database with certain cases on?

Thanks - I hoped you'd hear the bell!

[charitynjw]

Re: Statue of limitations??

It could well be. Was that from the thread where Exc and co were all trying to find a database with certain cases on?

Thanks - I hoped you'd hear the bell!

This thread? http://www.legalbeagles.info/forums/...ad.php?t=32518

[charitynjw]

Re: Statue of limitations??

THanks for this C where do you find these?

Very useful. it seems to say that the default notice given in this cse is ,
mearly a prodeedural device and that the cause of action was when the work was completed and the payment become due.

Applyng this to a credit card scenario it would indicate that the cause of acton was when the agreement was terminated as that is when all liabilities under the contract become due.

This supports what i contended earlier in that the cause of action lies somewhere beween the last missed payment and the default notice.
It depends on when the court would consider the agrement terminated. This may be due to a term on the contract or requirments of the act.

Peter

Also refer

Reeves v Butcher [1891] 2QB 509
West Bomwich Building Society v Wilkinson & Anor [2005] UKHL 44
Coburn V Colledge [1897] 1 QB 702
Royal Borough of Kensington and Chelsea V Khan [2002] EWCA Civ 279

[labman]

Re: Statue of limitations??

That's the one - I knew you'd remember!

Thanks Chaz! :beagle::beagle: