is there a 'statue of limitations' for small claims?

Amleto

Amleto

Amleto

Soldato
Joined
13 Feb 2003
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I want to make a small claim against a garage for unnecessary work that they did, but it was in 2013. Does anyone know if there will be problems due to the amount of time it's taken to start a claim?

I did send them a recorded letter threatening action at the time but then I had a lot of personal things come up (family getting terminally ill, dealing with estates, dealing with inept solicitors, property sales, babies, buying & moving houses...).
 
That said I would be amazed that there isn't one.
I am sure somethings exists within the phrasing or wording of a reasonably time, and indeed, it might well be under the 'when did you know it was wrong' timing also.
Given that you contacted them at the time, I would think that is a good thing.
 
dcsarge said:
I believe the cut off is three years, I hate to say but I heard it on Judge Rinder :p.
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No, and yes.

Yes, there are time limits for most civil claims, with the effective back drop to it being 6 years. But various other claim types have different limits. For instance, negligence and personal injury resulting from assault are three years.

But for the OP, which sounds like a basic breach of contract claim, it's 6 years. Scotland is slightly different, due to the clock starting at a different point.
 
Glad to put your mind at rest a bit over that. I can see how it might worry you. However, I do hope you realise that anything less Olympian-gold reaction times over reaching for the TV remote when that comes on puts your TV-watching good taste award in doubt?
 
It will be nay impossible to prove any work on any vehicle three years ago was unnecessary...
 
~Divine~Wind~ said:
3 years ago?

How much are you wanting to claim?
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Personal injury is 3 years (except if it happened prior to 18 years old, or discovery, a few variables, and subject to limitation Act Section 33 for applying out of time)

Defamation is 1 year

Debt is 6 years I think.

It varies for different things.
 
v0n said:
It will be nay impossible to prove any work on any vehicle three years ago was unnecessary...
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It certainly won't make it any easier, but judges in the small claims track are generally pretty good at understanding the realities of real people's lives, and of things like
but then I had a lot of personal things come up (family getting terminally ill, dealing with estates, dealing with inept solicitors, property sales, babies, buying & moving houses...)
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It should come down to who can prove what, on balance of probability. My guess would be that in the absence of very clear documentary evidence supporting the claim's assertions it may depend on whether any form of indepedent examination of the vehicle was done at the time.

The chances of winning are obviously something that need to be taken into account before starting a claim, but the elapsed time is unlikely to help much.
 
v0n said:
It will be nay impossible to prove any work on any vehicle three years ago was unnecessary...
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No it wont be... I had the removed console cluster independently tested shortly afterwards... (there is nothing wrong with it)

The garage charged about £700 for parts & labour
 
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