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Response to nhl still chasing after 10 years UPDATE

from (guy@skipwith107.freeserve.co.uk)
Hi there

I don’t like getting into arguments about these things, but "I was duped" is just plain wrong. You only need to look at the Limitation Act 1980 sections 29, 30 and 31.

Section 29 is headed "Fresh accrual of action on acknowledgment or part payment".

Specifically, section 29(5) states "... where any right of action has accrued to recover -

(a) any debt or other liquidated pecuniary claim; or (b) any claim to the personal estate of a deceased person or to any share or interest in any such estate;

and the person liable or accountable for the claim acknowledges the claim or makes any part payment in respect of it the right shall be treated as having accrued on and not before the date of the acknowledgment or payment."

Section 29 (7) states "...a current limitation period may be repeatedly extended under this section by further acknowledgments or part payments, but a right of action, once barred under the Act, shall not be revived by any subsequent acknowledgment or part payment".

I hope that is plain enough.

To advise people that a limitation period cannot be restarted by acknowledgment or part payment is totally misleading and grossly negligent. It just is not true. People who believed "I was duped's" last posting could have got people into a lot more difficulty if they had believed what was said.

Please do not post unless you are sure that what you are saying is correct.

"I was duped's" last posting needs to be retracted before any (more) damage results.

Guy

Guy

(posted 7948 days ago)

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