How long can a debt remain valid if no invoice is ever sent?

Devon_Dan_2

Thank you in advance for taking the time to read this. It is a bit of a complex one that I don't think is covered in posts I have seen so far.

During building work in 90's, a contract was made between a church and a local business with a car park stating that a small parish church would pay £75 a year for use of parking facilities. This parking was to be used by a small group who rent the church hall. The people who made this agreement have long since moved away.

While the group still use the parking from time to time, there has never been an invoice issued and no payment has ever been made. It was assumed that the agreement had been superseded by good will long before the new vicar took up residence. But the local business have now requested that this contract now be honoured and back dated to when it was first signed.

Furthermore, the local business thought that the group was owned and run by the church. The church thought that the sum had been superseded by good will because it had never once been asked for and the group have nothing in their new rental contract relating to the payment. So everyone's understanding of quite how the contract came into being in the first place is vague at best.

In this situation, do the rules of statute barred apply? So at worst, the church would have to back date payment 6 years? Can the local business even request a contract that had never previously been acted upon be back dated in such a way and when the original persons involved are no longer around? Is a contract of this nature that has never been acted upon still valid? Or does this fall under some other area I am yet to see?

Any guidance you could provide would be hugely appreciated, even if it is just links to places that are perhaps better placed to provide an answer.

Thank you again,
Devon Dan

[Note: I think I've posted in the wrong forum so if someone knows how to move it, please let me know]

Xbigman

As this involves land you might try the house buying board. I say that because if you have had uninterrupted and exclusive use of the land for 12 years you may have extra legal rights and I think they might know the rules on that (which I don't).

You need to find the original written agreement as what that says will have a big effect on the outcome.
Regards



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