Cumbernauld Housing Partnership Ltd t/a Sanctuary Cumbernauld v Davies

Limitation of actions – Prescription. Court of Session: In an action in which the pursuers sued for outstanding fees for management services provided in respect of the defender's flat, the court held that the short negative prescription applied to the sum sued for, that no relevant claim was made interrupting the 5‑year period until service of the initial writ on 15 April 2011, but that the defender was to be taken to have made a relevant acknowledgement by making payment of £14 on 27 November 2010. On that basis it was agreed that the sum due was £3,620 (liability to pay to the extent of £6,157 having prescribed).

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