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Letting Agent contractor payment issue
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PH99
Posts: 8 Forumite
Hi all, hope someone can help...
I received an email out of the blue yesterday from a solicitor claiming to represent a contractor who did some work on my property Nov 2012. They claim payment of £111 is owed.
I let my property from 2011 to end of 2012 through a letting agent whilst I was working overseas. Several minor repairs were done on the property during this time and the cost was always deducted by the agent from my rental income, and I assume they pay the contractors.
I've not been in contact with the letting agent since I stopped letting my property with them, but I emailed them yesterday to see if they knew anything about this. Apparently the contractor didn't submit their invoice to them during the time they managed the property and only produced it recently. The agency informed them that they no longer manage the property and the solicitor has produced a court order compelling them to release details of landlords who they say owe them money as invoices were not submitted to the letting agency in a timely manner to deduct them from any rental payment received.
Where do I stand with this & can a company chase payment for work over two years ago if it seems they forgot to invoice at the time? Is it my problem or the estate agents, as per my letting agreement whenever I authorised work I expected it to be deducted from my rental income? Finally, is it usual for a solicitor to email demanding payment? I'd expect something more formal in the post. Also a quick google of the solicitors reveals they do genuinely exist but there is also a story of them being 'hacked' by fraudsters in 2012 so I'm not sure whether to trust this email or even if to respond to it..? help!
I received an email out of the blue yesterday from a solicitor claiming to represent a contractor who did some work on my property Nov 2012. They claim payment of £111 is owed.
I let my property from 2011 to end of 2012 through a letting agent whilst I was working overseas. Several minor repairs were done on the property during this time and the cost was always deducted by the agent from my rental income, and I assume they pay the contractors.
I've not been in contact with the letting agent since I stopped letting my property with them, but I emailed them yesterday to see if they knew anything about this. Apparently the contractor didn't submit their invoice to them during the time they managed the property and only produced it recently. The agency informed them that they no longer manage the property and the solicitor has produced a court order compelling them to release details of landlords who they say owe them money as invoices were not submitted to the letting agency in a timely manner to deduct them from any rental payment received.
Where do I stand with this & can a company chase payment for work over two years ago if it seems they forgot to invoice at the time? Is it my problem or the estate agents, as per my letting agreement whenever I authorised work I expected it to be deducted from my rental income? Finally, is it usual for a solicitor to email demanding payment? I'd expect something more formal in the post. Also a quick google of the solicitors reveals they do genuinely exist but there is also a story of them being 'hacked' by fraudsters in 2012 so I'm not sure whether to trust this email or even if to respond to it..? help!
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Comments
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If the contractor did do the work on your property and hasn't been paid then you should pay them.
However, I think it is unusual for a solicitor to contact you by email. I would check with the solicitor but not reply to that email.0 -
I have copies of invoices for a few other minor repairs carried out over this period, and money was always deducted by the letting agent from my rental income.
I have no idea what this £111 they claim I owe is for..? Before I contact the solicitor I have asked the letting agent to send me a full statement of accounts and details of this invoice and what work it is for.0 -
They served a court court order on the letting agent compelling them to release your name and address? They have instructed a solicitor?
All to claim a debt of £111? I very much doubt it!
If you agree that the work was actually done and not paid for - the correct contractual approach would be for the contractor to claim from the LA, and the LA to claim from you.
But you could save hassle by paying direct, if you want.
If you don't believe thay are really solicitors, and want a bit of a laugh, you can remind them that the Solicitors Act 1974 makes impersonating a solicitor a criminal offence. See: http://www.legislation.gov.uk/ukpga/1974/47/part/I/crossheading/unqualified-persons-acting-as-solicitors0 -
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Sorry a contractor is paying for a court order and a solicitor for £111?!
Not a chance!0 -
I agree. Getting a court order over a £111 debt sounds highly unlikely. More likely is that they threatened the LA and they just caved in and gave your details out to get them off their backs.
Ask the LA to show you this court order.0 -
yep, I get the feeling there may be several landlords involved and this contractor are chasing more than just the £111 from me - hence the court order.
I have asked the LA to send me evidence of the court order before I contact the solicitor.
Am I right that it seems contractually they should be pursuing money from the LA for this, then the LA would seek the money from me..?0 -
PS - is it weird for someone to only now be chasing payment for work done in 2012??!0
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yep, I get the feeling there may be several landlords involved and this contractor are chasing more than just the £111 from me - hence the court order.
I have asked the LA to send me evidence of the court order before I contact the solicitor.
Am I right that it seems contractually they should be pursuing money from the LA for this, then the LA would seek the money from me..?
Depends who they invoiced.
It sounds like they invoiced the letting agent. So the debt is there's.
The Contractor could easily have at least attempted to contact you via the address he had - i.e. the one he did work at.
I'd reply as follows:
Dear sir/madam
Thanks you for your email. I am surprised to recieve this and request you clarify the details of your claim.
I have been advised that a court order was issued for the release of my personal information. Please can you provide a case reference number so I am able to clarify this with the court.
At this stage, I would like to stress I dispute that any money is owed to your client as I do not have a contract with <contractor>
Regards0
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