How long does the right to collect charges under the Act, or to receive repayment of an advance payment, survive if it is not exercised?
General information · Not legal advice
Material to check
In a practice file we read the papers establishing the underlying entitlement, such as the determination of charges or the record showing an advance payment was made, alongside correspondence, demands or collection steps showing when the right was last exercised, since the provision turns on non-exercise.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the list of rights at face value: the right to collect charges or other collection money under the Act, and the right to receive repayment of an advance payment or charge, are extinguished by limitation if not exercised for the period the provision sets, with everything the Act does not cover following the Civil Act and interruption of limitation applying through the mutatis mutandis use of the collection provisions named.
Another reading notes that the provision states only that the right is extinguished if not exercised for the period, and names no event from which the period begins, so the Civil Act it points to must supply when the clock started, when it was interrupted and what still counts as exercise.
Your judgment
When did each right first become exercisable, and what in the file shows that date?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to name the event from which the period runs or to change its length, or if a court decision fixes when the period begins on a right to repayment of an advance payment.