Just received a bill for the first time that is 7 years Old? Do i have to pay it?

oswestryg

Seven years ago i purchased a house that needed a lot of renovation, a local window fitter came a fitted a patio door and a window and was asked to quote on replacing the rest of the windows in the house. He completed the work OK and although we tried to contact him on numerous occasions he never returned any of our calls or billed us for the work he completed. He has now out of the blue contacted us today, which is over 7 years since the original work was completed asking for payment.

I admire his nerve, considering we chased him for months. I accept he completed the work but the issue is after 7 years I do not have any records or memory of the price that was agreed. he was a contact through our builder at the time and there was no estimate/paper work.

the question i have is after 7 years, is the debt/bill still valid, legally do i have to pay it?

If i did not pay it could he legal pursue me?

I'm also self employed and accept that he completed the work so am willing to make an offer, but want to understand the situation before doing so

thanks in advance

molerat

The bill is still valid and the money is still owed ..... but ...... as the debt is over 6 years old it is statute barred which means he cannot pursue you through the courts and any debt collectors can be stopped with a statute barred letter.

WiggyDiggyPoo

Hmmmm

Interesting isn't it, technically yes its statue barred etc etc but its not from a debt it was for work done, legally not owed but morally you wish you to pay?

This almost should be this weeks Money Moral Dilemma!

Bottom line which is more important, your conscience or your wallet? Personally, I'd tell him to sling his hook. Cheek of the man.

National_Debtline

Hello there.

Prior to having the word done, did the window fitter provide you with any terms and conditions? Was there a contract at all?

Best wishes,

David @ NDL.

tulip28

Agree to pay half?

spacey2012

Reply asking for proof of claim.
Dear Sirs Ref unsubstantiated claim for money.
As far as I am aware all accounts were paid in full 7 years ago and unless some proof of claim is forwarded I shall close the matter in 14 days.

Finish on "in the meantime whilst I wait for your proof of claim to be presented, you may wish to read the statute of limitations act."
Obtain proof of postage or use recorded delivery.


DO NOT : mark it without prejudice !

McKneff

You have had 7 years interest on this money you owe while its been in the bank.


Its gotta be up to you though

spacey2012

If he was contracted through the builder, then the builder owes him his money not you.

National_Debtline

It's important to consider when the limitation period actually started. In some cases the 6 years will only actually start once there is a formal demand for payment made. It is unclear whether or not that has actually happened. If the windowfitter can argue that the 6 years started to run once they had demanded the payment there could be a situation where there is no limitation argument.

This particular situation shares similarities to that of the case of Swansea City Council v Glass [1992] which investigated whether the 'cause of action' accrued when the work had been completed or only once a written noitce demand was given. In that particular case it was held that the time started to run once the work had been completed. It's important to bear in mind that in the above case the notice was a statutory requirement, in oswestryg's case the situation appears to be less clear cut.

To succeed, they'll have to be able to argue that the six years started on completion of the work rather than only once the demand for payment was given.

Best wishes,

David @ NDL.

rizla_king

National_Debtline_representative wrote: »

In that particular case it was held that the time started to run once the work had been completed. It's important to bear in mind that in the above case the notice was a statutory requirement, in oswestryg's case the situation appears to be less clear cut.

Seems to be more clear cut if anything. :huh: Your logic is back to front.

If in the Swansea City Council v Glass case the fact that there was a statutory requirement to issue a written notice did not prevent the limitation period from starting to run from when the work was completed, then in this case where there is no such requirement there can be little doubt that it ran from when the work was finished.

spacey2012

A few people need to read the header of the board.
It Says money saving expert.
Not morals and do right expert.