Unpaid invoice.

marliepanda

ScorpiondeRooftrouser wrote: »

The idea that any reasonable person with their own family to support would spend nine months, virtually full time, working unpaid. That's simply not a credible story.

Assuming the OP is telling the truth, put the mother up in court to tell her story to a judge. Back it with the evidence that you worked full time on it for nine months. Would I guarantee a win? No. It's down to who the judge believes. Their evidence of an agreement is their own testimony.

If they had any evidence of asking for payment over the last six years, that would help - leaving it that long doesn't look great. Evidence always helps. But it's perfectly possible the mother won't even deny the truth when faced with it in court.

How can you argue that point, when the OP's partner didn't even pursue payment (with evidence) until 2015.

I'm not saying the OP has no chance. I'm not saying the OP has a great chance. I'm not a judge, I'm not a lawyer.

There are a myriad of scenarios where this would have been done for free, and also in expectation of payment. It will come down to what proof there is and at the moment, no one seems to have much of anything.

marliepanda

ScorpiondeRooftrouser wrote: »

Basically, there is no dispute (we are told) that a substantial amount of work has been done. Nine months worth of work isn't painting a room.

It's only the familial connection that makes the OP's case in any way dubious.

My argument would be that the timescale and the substantial nature of the work means that the family connection is no longer important ...family or not, nobody gives up nearly a whole year to save their parents a bit of money. A retired parent might do it for his kids. Not the other way round. It's not credible.

Clearly the OP and their partner survived this 9 months of no money, so Im assuming were not in a particularly fragile financial position.

People do all sorts of things for all sorts of reasons, tax reasons, moral reasons, family reasons, whatever. You can't say a judge will find the idea of a child helping a parent unlikely.

ScorpiondeRooftrouser

marliepanda wrote: »

How can you argue that point, when the OP's partner didn't even pursue payment (with evidence) until 2015.

I'm not saying the OP has no chance. I'm not saying the OP has a great chance. I'm not a judge, I'm not a lawyer.

There are a myriad of scenarios where this would have been done for free, and also in expectation of payment. It will come down to what proof there is and at the moment, no one seems to have much of anything.

I'm not saying they have no chance or a great chance either. Just that they have a chance.

Not pursuing payment doesn't look good; and as I say, if they have evidence they have been asking, and getting fobbed off, until 2015 then that would also help. Evidence can be them saying so, of course. If they are telling the truth and the mother is lying, judges can often tell. Not always, but often.

I honestly cannot imagine a "myriad of scenarios" where this would be done for free unless there was some concrete consideration involved, and if this was the case, we haven't been told about it. Of course if there WAS something like "do this and we will leave you the house in our will" that changes everything. But we have the facts we have.

ScorpiondeRooftrouser

marliepanda wrote: »

Clearly the OP and their partner survived this 9 months of no money, so Im assuming were not in a particularly fragile financial position.

People do all sorts of things for all sorts of reasons, tax reasons, moral reasons, family reasons, whatever. You can't say a judge will find the idea of a child helping a parent unlikely.

Fragile doesn't matter.

I could survive a year with no income, which is c £50K for me, but that doesn't mean £50K wouldn't be very useful to me. I could do a hell of a lot with an extra £50K. It's a deposit for the kid's houses in a few years. I am not going to give that up to help my parents out (if they don't really need it).

Do you find the idea of a child working nine months unpaid for a parent unlikely? I do. It might be just me. I tend to think the vast majority would, including most judges. Which isn't to say whoever heard the case would.

CIS

The key issue would be to establish that both parties willingly entered intended to create a legal relationship between them - agreement and consideration would be fairly easy to show but the intention to make the legal relationship has to be proved, without it is not a legal contract.

The fact that someone took a long time to spend working on the property is not in itself evidence there was any legal agreement in place - the judge would have to be persuaded that such an agreement existed. In familial cases the default is that there is no legal agreement, the OP would have to prove otherwise and just using time spent on it would probably not convince the judge that there was. The only way for certain though is to open a case and see.

ScorpiondeRooftrouser

CIS wrote: »

The key issue would be to establish that both parties willingly entered intended to create a legal relationship between them - agreement and consideration would be fairly easy to show but the intention to make the legal relationship has to be proved, without it is not a legal contract.

The fact that someone took a long time to spend working on the property is not in itself evidence there was any legal agreement in place - the judge would have to be persuaded that such an agreement existed. In familial cases the default is that there is no legal agreement, the OP would have to prove otherwise and just using time spent on it would probably not convince the judge that there was. The only way for certain though is to open a case and see.

I don't see why people just assert this. The fact that someone with a family of their own spent nine months working at his normal trade almost exclusively for his parents would not convince a judge that there was an agreement in place to be paid?

I just don't see it. It would convince me. Would it not convince you? Would you think it was just as likely he was doing it out of love for his parents? If it were one day a week, fine, absolutely could be unpaid. but not full-time for nine months. Who would DO this? I wouldn't; I don't know anyone who would. Would you? What kind of parent would allow their child to do this?

I am willing to be convinced but people are just asserting that judges won't be swayed by it, without offering reasons as to why.

Savvy_Sue

I do not know how much an invoice for 9 months almost f/t work would be worth, but I suspect an eye wateringly large legal bill could be run up fairly quickly. Can the OP afford that bill, plus potentially Mum's costs if she also uses a solicitor, if the judge isn't persuaded that the money is owed?

I'm guessing there's no-one who might be able to broker, no siblings etc? I'd be thinking of an approach which said "look Mum, Fred's really upset at this breach between you and I'm sorry the two of you aren't speaking. Wouldn't it be worth paying something from the proceeds of the house sale, you can always reduce his inheritance by the same amount if you feel that strongly about it?"

There's a part of me which feels that after this length of time, and a shattered relationship, I'd walk away. But then, I like a quiet life.

Manxman_in_exile

Surely this isn't a genuine a genuine thread? Somebody wants to sue his mother for work thst was done years ago but there's no clear evidence of a contract with the the parent? If I were the parent in that position I'd be changing my will pretty damn' smartish!

Brynsam

hsev wrote: »

Thank you for your reply,
There is photographic evidence of him doing the work along with the fact he was there everyday with all the different trades coming in and out, who could confirm if nessesary he was there . There was a verbal contract in place and he has been perusing it since the work was completed but to no avail, he sent starting a paper trail in 2017 ( 5 years later). I believe you have 6 years to send out an invoice.

Given the time lag and the absence of any documentation confirming he'd be paid (and I note you haven't responded to the question about how much money is involved), it isn't a compelling tale. Maybe like most small builders he was struggling to find work in 2012 and was simply using his time usefully, then pushing off when he managed to land the odd bit of paying work before going back to help out his parents?