2006 debt being chased-threat to remove windows from house

oswestryg

In Dec 2006 I had 2 windows replaced in a house I was renovating and now live in; we wished for the other windows in the house to be replaced but although we chased and telephoned the company for 4 months we never received a bill for the first two windows or any communication from the company in question. So in April 2007 I appointed a new window company, who replaced the remaining windows and was paid



In January 2015 I received a letter, address incorrectly, name and house, from the original window company asking for the debt for the 2 windows they fitted in Dec 2006, a sum of around £670, saying if I did not pay in 7 days I would be taken to county court.


I replied, using a template saying I did not acknowledge the debt and it was statute barred etc.


I have just received another letter saying that as I do not acknowledge the debt they now plan to arrange a visit to remove the windows in the next 14 days, and claim that this is part of their condition of sale, a photocopied copy of which is enclosed with the letter. the treat on county court is no longer mentioned...



Questions

• Was I in my right to say the debt was statute barred? I had no communication written or verbal with them for 7 years +, between Dec 2006 and now.

• I never received an invoice or signed an agreement showing the “conditions of sale” or received any correspondence saying these could be viewed at etc..so can they now be enforced?

• [FONT=&quot][/FONT]If so do they have the right to remove my windows?

• Can they enter or threaten to enter my property to remove the windows legally?

Thanks in advance

lovinituk

Why don't you just pay them? You got the windows and I assume you are happy with them. Why try and get free windows on a technicality?

bambos

They can't legally enter your property without a court order and I'm assuming your windows are beaded on the inside making external removal impossible?

I do agree with lovinituk though you had the products and even if they didn't respond when you offered payment you surely kept the money one side no?

[Deleted User]

I agree that morally you should pay: as for removing windows, surely it would be breaking and entering if they attempted that.

poppasmurf_bewdley

There was a story in the newspapers last week of a company that had actually done this. Was it you?

And they may not need access to your home to remove the windows. They could probably wait until you are out and remove them from the outside.

Legally, you do not own the windows. Although the debt may be statute barred, you have not paid for the goods so the title remains with the supplier, and they are entitled to them back, but they can't do so via a court. That leaves them with the other alternative that they have stated.

redux

This part of the forum is called debt free wannabe.

The simplest way of doing that is to pay it off.

The problems occur when someone can't afford to pay for a while, and that's the point of this board. This case doesn't fit that category. Why try to argue against paying?

Plum444

Pay what you owe. Non payers put companies out of business- they have staff with families to pay. The least you can do is communicate with them and come to a payment arrangement... All a bit shameful if you ask me.

DCFC79

Just pay what you owe.

nottoolate

poppasmurf_bewdley wrote: »

There was a story in the newspapers last week of a company that had actually done this.

???

http://www.dailymail.co.uk/news/article-2949242/Mother-returns-school-run-gaping-hole-extension-14-000-windows-stolen-fitters-row-payment.html

xsinaftersinx

https://forums.moneysavingexpert.com/discussion/4824547

Didn't you come here in 2013 asking the same thing? So you knew about this 18 months ago and did nothing about it then. The company can come and take the windows out, they are still legally their property as you did not pay as agreed. Contact and come to an arrangement to pay off the balance, they can't sell them on so it makes sense that they would accept.

tripled

They surely can't sell on windows that are nearly 10 years old. I'd suggest making them a "goodwill" offer to settle the matter, being careful not to agree to actually owing them anything or having not paid anything. If they don't accept, let them take them back and get yourself some nice new ones rather than pay for old ones!