I have been overpaying property management fees for 13 years but the firm will only repay for the last six. Is this right? 

By Philip Scott For Thisismoney.co.uk

Published: 03:47 EST, 11 September 2015 | Updated: 03:47 EST, 11 September 2015

I have been paying some property management fees since 2002, but it has now come to light that I should not be paying this money at all. 

The property management firm refunded the money but only for the last six years saying that the money before this is 'statute barred'. Is this correct? 

Less than expected: The reader wanted 13 years of payments refunded - instead they received just six

Less than expected: The reader wanted 13 years of payments refunded - instead they received just six

Philip Scott, of This is Money, replies: The term ‘statute barred’, comes under the 1980 Limitation Act and refers to a debt that is not contractual or enforceable because the time period a creditor has to chase money has run out. The limitation period for recovering money due is six years.

It is this that the firm is referring to. 

Peter Wright, director and adviser at Plan Money adds: In this situation however it may be possible to argue that the period does not run until the reader became aware of the existence of the overpayment and acquired the necessary knowledge to be able to pursue it.

But whether it is worth pursuing will depend upon how much is at stake given that for claims valued at less than £10,000 no legal fees are recoverable.  

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