Sales of Goods Act - Advice Please

iandv

Hi

I am just looking for some advice with the issue below please.

I bought a new gas boiler for my home 18 months ago and paid by cheque when it was installed into my house, I also had a reciept from the company saying paid in full.

However 18 months later they have just contacted me to say that the boiler has not yet been paid for and they require the £1,800 immediately.

They have said that most probably their employees who installed the boiler misplaced the cheque and it did not go through their system.

Where do i stand do I need to pay this £1,800? or is it only a % of the £1800 now that 18 months have passed as it was because of an admin error by the company who we bought the boiler from.

I have chequed my bank and the money did not come out of my account 18 months ago.

TIA

dmg24

This has nothing to do with SOGA!

You received the item, therefore you are legally liable for full payment.

withabix

You owe the £1800 - you've just admitted that.

You would only NOT have to pay it if they didn't contact you for six years.

Just because someone made a mistake doesn't mean you win the jackpot.

What would you do if someone paid you £1800 by cheque and then you lost it?

4743hudsonj

once again im amazed how somebody could not realise such a large discrepancy in their account


i mean £1800!:eek:

advent1122

4743hudsonj wrote: »

once again im amazed how somebody could not realise such a large discrepancy in their account


i mean £1800!:eek:

They realised, they just thought they had got away with it.
You owe them the money so pay up.

pinkshoes

If they didn't pay the cheque in, then you haven't paid for it, so you owe them £1800.

(but don't worry, you've had the benefit of 18 months of interest on it, and they can't ask for this!).

Amistoso_2

Yup, it's a fair cop OP, nothing to do with SOGA. You have the benefit of the goods so if I were you I'd get the cheque book out again and give them whats owed.

[Deleted User]

iandv wrote: »

Hi

I am just looking for some advice with the issue below please.

I bought a new gas boiler for my home 18 months ago and paid by cheque when it was installed into my house, I also had a reciept from the company saying paid in full.

However 18 months later they have just contacted me to say that the boiler has not yet been paid for and they require the £1,800 immediately.

They have said that most probably their employees who installed the boiler misplaced the cheque and it did not go through their system.

Where do i stand do I need to pay this £1,800? or is it only a % of the £1800 now that 18 months have passed as it was because of an admin error by the company who we bought the boiler from.

I have chequed my bank and the money did not come out of my account 18 months ago.

TIA

I would probably have done the same. Lie low and hope they never noticed but they have now so I reckon you're going have to cough up.

Devin_Shockwell

Make sure the original cheque you made is cancelled! Don't want to be charged £3,600 now do we

NeverInDebt

You dont have a leg to stand on if they didnt take your money 1st time

I bet you would be the first on here to complain if you paid 1.8k and not got any goods

Unless you are loaded I cant see how anyone can say they didnt notice that they got 1.8k still in there bank account 18 months later. You still a winner having accrued interest on that money

If you dont pay they may take legal action which would mean you may pay 1.8k plus interest and court costs

Sponge

Devin_Shockwell wrote: »

Make sure the original cheque you made is cancelled! Don't want to be charged £3,600 now do we

It was my understanding that cheques were only valid for 6 months, so taking into account that it was written 18 months ago should mean they're safe. But I was unsure so Googled it. I was led here:

http://forums.moneysavingexpert.com/showthread.html?t=282838

How long are cheques valid for?

Banks will usually reject cheques that are more than six months old but, in fact, it's at their discretion. They can choose to cash it if they want to so don't assume that if you wrote a cheque to someone over six months ago that you're off the hook from paying it! Cheques actually remain legally valid for six years - yes, I did say six years - and the only way to cancel a cheque is to ask for a 'stop' to be placed on it. However, cheques backed by a cheque guarantee card cannot be stopped.

So assuming the information is still correct, then I would be worried about them finding the cheque further down the line and banking it. They've already proved their admin skills leave a lot to be desired.

So maybe you should try to cancel the cheque and if there is a charge for doing so, ask them to cover it. It was their mistake afterall.