The 6 year limitation period!

[Stormbird]

I'm almost at the point of winning, but Abbey have written to me offering a settlement figure of £391.50......My claim is for £987.60 plus my court fee of £80.

 

The one thing that is worrying me now is that they have said that "This offer however is subject to verification of the bank charges claimed, and will not include any charges outside the 6 years limitation period."

 

The first of the charges that I am claiming back was on 30/6/2000 and the second was on 29/11/2000.

 

The claim against Abbey was deemed to have been served on them on 12/12/2006, although I actually started the process of asking for statements on 23/5/2006, having read about the possibility of claiming back charges a month before in April.

 

Obviously, I am not a accepting this offer but wonder where I stand in relation to the fact that two charges are outside the six year period in relation to my Court claim....although not in relation to my first letter requesting statements.

The second charge is also within the 6 year period in relation to my original request to Abbey for the refunding of the charges having been sent in September and before there 2 gesture of goodwill payments.

 

Could anyone offer some advice please.

 

Steve....

[prushton]

section 32 of the statute of limitations act might get you out of the 6 yr limitation it says:

 

 

 

Section 32 of the Act provides, so far as relevant:

"(1) …. where in the case of any action for which a period of limitation is prescribed by this Act, either—

(a) The action is based upon the fraud of the defendant; or

(b) Any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or

© The action is for relief from the consequences of a mistake;

The period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it. ….

(2) For the purposes of subsection (1) above, deliberate commission of a breach of duty in circumstances in which it is unlikely to be discovered for some time amounts to deliberate concealment of the facts involved in that breach of duty. ….

(5) Sections 14A and 14B of this Act shall not apply to any action to which subsection (1) (b) above applies (and accordingly the period of limitation referred to in that sub-section, in any case to which either of those sections would otherwise apply, is the period applicable under section 2 of this Act)."

Lord Browne-Wilkinson, noting that the 1980 Act was a consolidating Act, said, at p 144, that:

"unless there is an ambiguity, it is not permissible to construe consolidating Acts in the light of their statutory history"

And that

"Much of the difficulty in this case is raised by the investigation of the statutory history and the decisions of the courts on earlier statutes"

He held, at p 145, that:

"Section 32 of the Act of 1980 is not ambiguous. On the plain meaning of the words any deliberate concealment of relevant facts falls within section 32(1) (b) with the consequence that, in applying the statutory time limits, time does not begin to run until the concealment is discovered."

[Stormbird]

Thank you prushton...I'm not quite sure what to make of that but does it mean that I can claim for 6 years of charges from the date that I first learned about them i.e...From April 2006 back to April 2000?

 

Steve....

[prushton]

Basicly, they concealed the true nature of thier charges, they continue to represent them as fair and proportionate and clearly they are not.

 

"Section 32 of the Act of 1980 is not ambiguous. On the plain meaning of the words any deliberate concealment of relevant facts falls within section 32(1) (b) with the consequence that, in applying the statutory time limits, time does not begin to run until the concealment is discovered."

My reading of the statement above is that you can , but check with a Mod as they have far more experience than myself.

[Stormbird]

OK....many thanks....I'll go down that road....As I found out about the charges in April of 2006 and sent my first request for statements off on 23/5/2006 and have proof of this (Special Delivery receipt), then the claim for charges going back to 30/6/2000 seem valid.

 

Abbey have already refunded all my charges for last year (One each in May, June, and July)...and one from 2/11/2005, as they stated in their correspondence that the GOGW covered the most recent charges.

 

This leaves the period 30/6/2000 --2/10/2005 as the period in which all my other charges were incurred.

 

Thanks again....

 

Steve....