Any exception to statute barred debt for criminal cases?

[jimwhite]

In April 2007 I was the victim of Internet fraud. The crim was tried, convicted and sentenced during December 2008. Unfortunately I was TIC'd (Taken Into Consideration) on the case and I did not receive any compensation nor did anyone else on the sheet.

 

Recently, I have noticed the crim is trading under his own name (sole trader) and I was hoping to issue a claim against him. Of course now it is more than six years since it has passed. The only thing I wondered was, given a criminal case was brought against him can I take the resolution of that as the time in passing? Otherwise I guess I'm shafted.

 

I feel like there should be a way, because some cases can take a very long time to come to Court and be resolved which could easily mean that compensation ends up being statute barred.

 

Issuing a claim before now seemed impossible, the CPS refused to disclose his details citing the Data Protection Act and with the claim being sub £1000 the legal costs to track him down would have been prohibitive.

 

Any advice is appreciated.

 

Jim

[Ganymede]

In April 2007 I was the victim of Internet fraud. The crim was tried, convicted and sentenced during December 2008. Unfortunately I was TIC'd (Taken Into Consideration) on the case and I did not receive any compensation nor did anyone else on the sheet.

 

Recently, I have noticed the crim is trading under his own name (sole trader) and I was hoping to issue a claim against him. Of course now it is more than six years since it has passed. The only thing I wondered was, given a criminal case was brought against him can I take the resolution of that as the time in passing? Otherwise I guess I'm shafted.

 

I feel like there should be a way, because some cases can take a very long time to come to Court and be resolved which could easily mean that compensation ends up being statute barred.

 

Issuing a claim before now seemed impossible, the CPS refused to disclose his details citing the Data Protection Act and with the claim being sub £1000 the legal costs to track him down would have been prohibitive.

 

Any advice is appreciated.

 

Jim

 

 

 

What do you want to sue him for? How exactly did he defraud you?

[jimwhite]

Thanks for your reply.

 

I want to sue him for the money that he stole of which I never got a penny back.

 

He was convicted for fraud by false misrepresentation.

 

Hope this clarifies things.

 

Jim

[jimwhite]

Looks like the Limitation Act 1980 means its 6 years in my case. I don't think this would be an exceptional case?

[jimwhite]

It's been some time since I first posted this. Would anyone have any further advice on a way to get around the Limitation Act or another way to go about this? Thank you.

[steampowered]

If you need to satisfy yourself you should refer directly to the legislation, especially sections 28 to 33 - http://www.legislation.gov.uk/ukpga/1980/58/contents

 

I'm afraid I am struggling to see how you would get around the limitation problem here. The exception would be if although the fraud occured in April 2007, you only found out about it less than 6 years ago.

[andydd]

Section 32 applies in cases of fraud, concealment or mistake but this only applies i believe if somehow the wrong doing was hidden or concealed from you but as suggested have a read of the legislation yourself.

 

I used s32 succesfully in court my argument was that the wrong doing in my case a grount rent charge had been hidden from me, i was sent fraudulant docs.

[Riz0]

If the fraudulent act took place in April 2007, how long did the police investigation last and when was he convicted?

 

Thanks

Riz0

[Riz0]

It is also worth remembering that although limitation is a complete defence, it is for the Defendant (or the party relying on it) to raise the issue. The court will not (or rather should not) stop you from pursuing the claim.