Statute of Limitations - how to get past 6 year limit?

Sandtree

You also have to remember the law of limitations is what binds the courts, regulators/ombudsman are often guided by what the law is but aren't required to follow it in the same way as the court.

If OfWat have a rule that they will only consider 6 years then its broadly irrelevant even if you can prove there is a loophole in the statute... that's what you need to argue in court not with OfWat

ChrisBee13

Thank you very much.  

Aylesbury_Duck

ChrisBee13 said:

A local solicitor has advised that this is possible, through court, but I wondered if anyone had experience.

What would you gain from someone else's experience?

If you've already engaged a solicitor, get them to explain how it's achieved.

ChrisBee13

No solicitor has been engaged as I feel their fees would wipe out the refund.

Sandtree

ChrisBee13 said:

No solicitor has been engaged as I feel their fees would wipe out the refund.

Difficult to help when you change the story

ChrisBee13 said:

A local solicitor has advised that this is possible, through court, but I wondered if anyone had experience.

Aylesbury_Duck

ChrisBee13 said:

No solicitor has been engaged as I feel their fees would wipe out the refund.

Oh.  Given that the figure in question looks like being several thousand pounds, I'd get this "solicitor" you've spoken to to put their money where their mouth is.  If they have a way round it, surely it's worth the outlay?  

If by solicitor, you really mean a mate from the pub who once did a law course, take their advice with a pinch of salt.

FeaturelessVoid

ChrisBee13 said:

No solicitor has been engaged as I feel their fees would wipe out the refund.

If you win, their fees would form part of your settlement.  Although your solicitor, if they were real, would have already told you that...

ChrisBee13

Sandtree said:

ChrisBee13 said:

No solicitor has been engaged as I feel their fees would wipe out the refund.

Difficult to help when you change the story

ChrisBee13 said:

A local solicitor has advised that this is possible, through court, but I wondered if anyone had experience.

I don't recall changing the story.

Aylesbury_Duck

ChrisBee13 said:

Sandtree said:

ChrisBee13 said:

No solicitor has been engaged as I feel their fees would wipe out the refund.

Difficult to help when you change the story

ChrisBee13 said:

A local solicitor has advised that this is possible, through court, but I wondered if anyone had experience.

I don't recall changing the story.

You either got legal advice, or you didn't.  You may not have "engaged" a solicitor in the sense of paying them, but misleading people into thinking you've had legal advice and then saying you've had nothing more than a layman's opinion, isn't going to get their cooperation or support.

I'd engage that solicitor properly, given the amount at stake and the potential complexity of overturning the limitations.  If this person you mention is actually a solicitor, they'll know far more than anyone on here, anyway.

prowla

Manxman_in_exile said:

ChrisBee13 said:

A local solicitor has advised that this is possible, through court, but I wondered if anyone had experience.

Then why not ask him to elaborate on his "advice" rather than ask here?

Perhaps because they were asking if anyone here had experience of it?

Aylesbury_Duck said:

ChrisBee13 said:

Sandtree said:

ChrisBee13 said:

No solicitor has been engaged as I feel their fees would wipe out the refund.

Difficult to help when you change the story

ChrisBee13 said:

A local solicitor has advised that this is possible, through court, but I wondered if anyone had experience.

I don't recall changing the story.

You either got legal advice, or you didn't.  You may not have "engaged" a solicitor in the sense of paying them, but misleading people into thinking you've had legal advice and then saying you've had nothing more than a layman's opinion, isn't going to get their cooperation or support.

I'd engage that solicitor properly, given the amount at stake and the potential complexity of overturning the limitations.  If this person you mention is actually a solicitor, they'll know far more than anyone on here, anyway.

They're clearly saying they've had advice from a solicitor (not a layman), but haven't engaged them to proceed; it's not atypical to go to a solicitor and get an opinion ahead of taking any action.