do I have to pay a 2 year old invoice?

Pinkie2

Hi

I made a will back in 2009, I was invoiced £143.00 and I sent off a cheque. I had a phone call from the company today, their first contact with me since 2009, saying they hadn't received payment.

I have checked back and they are right. I can't believe I didn't notice at the time. I really do not have that sort of money anymore, I'm a single mum and £143 is more than I have left each month after paying out for everything

Can anyone let me know where I stand?

Thanks

wealdroam

You have to pay the bill.

As they seem to have made the mistake, perhaps you could ask them if you can come to an arrangement where you pay it in instalments.

arcon5

As said above you do owe the money and have to pay the bill.

Maybe offer them 50% as full and final settlement and see what they say... worst they can do is say no...

Otherwise they may accept payment by instalments as mentioned..

pcombo

Pinkie2 wrote: »

Hi

I made a will back in 2009, I was invoiced £143.00 and I sent off a cheque. I had a phone call from the company today, their first contact with me since 2009, saying they hadn't received payment.

I have checked back and they are right. I can't believe I didn't notice at the time. I really do not have that sort of money anymore, I'm a single mum and £143 is more than I have left each month after paying out for everything

Can anyone let me know where I stand?

Thanks

Ask them to prove they didn't get paid before you pay anymore.

arcon5

pcombo wrote: »

Ask them to prove they didn't get paid before you pay anymore.

How do you prove you wasn't paid something?

NoSatisfaction

arcon5 wrote: »

How do you prove you wasn't paid something?

The onus is on the debtor to prove that they have paid. Unfortunate as it is, OP is probably best trying to settle with the creditor by installments or a full and final settlement.

OP, have you checked and rechecked your bank statements. Also, ask the bank to see if that cheque has been cleared (if by cheque) and make sure you stop it.

halibut2209

At the end of the day, you do have to pay. But the company will know that if they go through a legal route and go to court, if you are in hardship then they could quite easily only be granted £1 a month. Go to them, and offer them a reasonable amount that you can afford (don't go for more than you can afford out of a sense of guilt. Be realistic) and say that you really cannot afford anymore. They may accept, or they may reject. If they reject, then let them take you to court. At this point, you can show that you've made a fair offer.

arcon5

NoSatisfaction wrote: »

The onus is on the debtor to prove that they have paid. Unfortunate as it is, OP is probably best trying to settle with the creditor by installments or a full and final settlement.

OP, have you checked and rechecked your bank statements. Also, ask the bank to see if that cheque has been cleared (if by cheque) and make sure you stop it.

Thats my point (albeit should have proof-read the question first )

It's simply not possible to prove something hasn't been paid. A judge would simply want a bank statement or similar from the defendant to proof their case.

halibut2209

arcon, I think NoSatisfaction was agreeing with you

If the company went to court, the OP would have to prove they paid. Not the other way around.

(agreeing with both of you)

Flyboy152

pcombo wrote: »

Ask them to prove they didn't get paid before you pay anymore.

No, in this case it is up to the debtor to prove they have paid the money. It is not possible, nor would it be expected, for someone to prove something has not happened.

Flyboy152

halibut2209 wrote: »

arcon, I think NoSatisfaction was agreeing with you

If the company went to court, the OP would have to prove they paid. Not the other way around.

(agreeing with both of you)

I think Arcon was agreeing with NoSatisfaction.