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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10239
Experience:  I have been practising for 30 years.
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My husband cracked the light of a friends Mini 10 years ago,

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my husband cracked the light of a friends Mini 10 years ago, he offered to pay for it then but his friend said not to worry about it. He is now sending us letters claiming he wants payment for the light and damage to the bumper and says he will take the matter further if we don't pay £200.00 to him. Our insurance company say the matter happened over 10 years ago and they would not process the claim. How do we stand on this?
I would be gratefull for any advice. thankyou

Hello - just checking are you still friends? or was this out of the blue?

Customer: replied 7 months ago.
just out of the blue, we don't have contact any more, but didn't part company as enemies just drifted apart

Whilst your husband may still feel that he has an ethical liability to pay this money, legally, it is way out of time for the friend to bring a claim after 10 years.

Under the Limitation Act 1980, section 2, the time limit for bringing a claim in tort (negligence is tort) is 6 years.

In certain types of negligence (personal injury and clinical negligence) the period is only 3 years.

If your husband doesn’t want to pay, then he just needs to tell the ex-friend that the claim is statute barred under the Limitation Act 1980. If the ex-friend decides he wants to take your husband to court, then he uses the same defence.

Can I clarify anything else for you?

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! All you need to do is press Submit. Thank you. If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.


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Customer: replied 7 months ago.
Many thanks for your answer, this is what i was hoping was the case.
again thankyou