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Is the Statute of Limitations changing?


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There seems plenty of rumours and counter-rumours on this forum about the Statute of Limitations changing from 6 to 3 years.

 

It started as speculation before the OFT announcement, then gathered strength after it, and resurfaces here and there in some posts, but I have yet to see anything actually confirming this.

 

I was given a link to the Statute site, whatever it's called, but couldn't find the relevant page, so I'm asking:

 

Is it a confirmed fact? Where does it say so? Does it give a date? Someone please HELP to put this one to rest!

 

Thank you.

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If it does change, it will certainly be a while away. As I understand it, change would require an act of Parliament, and as has been mentioned elsewhere, it could hardly be called an emergency...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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It has been going on for some time now - over a year I believe, so it already has taken some time. It's meant to be going through this year.

 

It's mentioned in the CPRs.

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Civil Procedure Rules. (linked to in the library).

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Or visit the DCA site:

 

http://www.dca.gov.uk/index.htm

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks for that.

 

The article in question is:

 

http://www.gnn.gov.uk/Content/Detail.asp?ReleaseID=27098&NewsAreaID=2

 

It's already been going 4 years. I only have the CPRs for 2005 and not before, which is how I knew it had been going on for at least a year.

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In broad terms, a claim would have to be brought within a primary limitation period of 3 years which would run from the date on which a claimant knows (or ought reasonably to know) the facts giving rise to the cause of action, the identity of the defendant and that any injury, loss, or damage (or benefit received by the defendant) was significant. No claim could be brought after the expiry of a 10 year longstop period which normally would run from the date on which the cause of action arose.

Our opt out clause, being unaware of the facts until quite recently...we didn't reasonably know because we weren't told...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi Guys-

 

I was informed about a year ago by a London Barrister, that the Limitations Rule, was in need of review. I cannot remember his exact wording but basically what he meant was that it was/ is in a Muddle and it urgently required reviewing.

 

Thanks

angry cat

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  • 12 years later...

This topic was closed on 08 March 2019.

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