response time limit in invoice dispute please

naomi83

Hi another long time lurker, mods I hope I am posting in the correct area. This is my first post I will try and be brief

We had a gas safe registered engineer undertake work for us in our home, which we did not get a quote for( he had undertaken work in the past and we were very happy with his invoice and his work) however when we got his invoice on this occasion we felt the costings were excessive.

I worked out hours on site, parts,and labour had a meeting with him neither party were entirerly happy it was agreed verbally to meet in the middle, we paid him cash in full and final settlement for the work carried out.It was agreed by both parties this was full and final settlement. End off Matter we thought.

We then got a comp slip and invoice for a further amount in excess of £1000.00 which we wrote back recorded del. saying that invoice was paid in full and final and both parties had agreed to this verbally.

We then received a letter ignoring our meeting and verbal agrement
stating monies still due and threatning legal action and debt collection agencies (sorry this is so long).

We responded in writing recorded delivery to this on the 16th Dec explaining the above, also requesting he contact us to reconclude the matter.
My questions are (i have tried internet search) is there a legal time limit for him to come back to us? as it has been over a month since we wrote and not had a reply, should I contact him again or wait for his response?

Sorry if the post is long winded and thank you for your help

fthl

yep. six years.

Was there a written quote or contract?

molerat

He has 6 years to pursue the debt. Keep all letters etc, make notes on what you remember of the meeting, dates & times etc, and wait for him to contact you again or issue court proceedings against you. Did you get a receipt for the cash ?

naomi83

thank you for your reply. No written quote or contract which i am aware in hind site for both parties is not a good thing.

POPPYOSCAR

Why did you pay him in cash?

Do you have it in writing that the payment was in full and final settlement if not if it goes to court it is your word against his.

I saw on tv once where a customer was disputing an invoice sent to them and sent a cheque for the amount they were prepared to pay quoting "in full and final settlement" because the cheque was then banked it was deemed that acceptance had taken place even though the sender of the invoice wanted the balance of the invoice they could not then pursue it.

naomi83

In answer to why i paid cash, cash payment was requested for the work, I did not ask for anything signed to say this was in full and final settlement, I did not think to ask if I had felt at the time there was a need to do so I would have asked.

I do appriciate that I am in this situation because I should have got quotes, contracts and written receipts I make no excuse for where I am with this matter.
again thank you

hippyadam

OP did anyone else witness the verbal agreement that the agreed payment was in full & final settlement?

If so you at least have a witness. If not then stick to your guns and ensure you continue to dispute the amount being claimed.

He may then choose to use a DCA (debt collection agency) but if you continue to dispute liability their is very little they can do.

His only option would be to issue in small claims for the £1000.00 either in person or via a solicitor. If this is the case you would be able to provide any witness statements etc to the court for the judge to make his decision. If neither of you have witnesses it would be a case of his word against yours.

If i were you i'd write to him once again stating your position and stating no payment will be made without judgement being secured. Then its put up or shut up time for him...

fthl

I saw on tv once where a customer was disputing an invoice sent to them and sent a cheque for the amount they were prepared to pay quoting "in full and final settlement" because the cheque was then banked it was deemed that acceptance had taken place even though the sender of the invoice wanted the balance of the invoice they could not then pursue it.

true, but this does not apply to debts.

POPPYOSCAR

fthl wrote: »

true, but this does not apply to debts.

Not talking about debts. Talking about disputed invoice which this is.

fthl

it is money owed to another - a debt. I think it was pinnels case that refers.

System

naomi83 wrote: »

In answer to why i paid cash, cash payment was requested for the work,

Sounds like a quiet word with HMRC may be called for.