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Builder Charged Me 3 Years Later

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Hi,

I have just been contacted by a skip hire company about a skip that I had around three years ago.
I paid him in cash and now he is saying that I didn't pay him and owe him hundreds of pounds.

I don't have any proof of payment, but at the same time he doesn't have any proof that I didn't pay him. I have never been sent an invoice, documentation, or for that matter, any email correspondence. There most likely is a record that there was a skip permit issued but I was never sent a copy of that.

He has been calling me and saying he is going to get bailiffs on me which is very scary.

My questions are:
A) Is the onus on me to prove I paid him, or for him to prove I didn't pay him?
B) Can you just issue invoices years later? If so, what's to stop other builders to say they have done unpaid work and send invoices out 2,3,4 years later?
C) Is a skip permit enough proof that I owe him money?
D) Does he have to send me a written request for the money or can he just take me to small claims court/get bailiffs sent to my house?

Any help I can get would be greatly appreciated as I am finding this very stressful!!!
«1345678

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  • McKneff
    McKneff Posts: 38,835 Forumite
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    He has no proof that you hired a skip.
    As for bailiffs, he would have to take you to court, and win.
    Without proof, he has no chance.


    Was it actually the same man you handed the cash to...
    Just tell him to 'bring it on'
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • eddddy
    eddddy Posts: 16,657 Forumite
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    In your position, I would just politely explain that you paid cash for the skip at the time.

    The only (legal) way for them to force you to pay, would be taking you to court.

    In that case, the skip hire company would provide their evidence that you owe them money, and you would provide your evidence that you don't owe them money.

    Based on what you say, I doubt the court would be convinced by the skip company's evidence.
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 14,248 Forumite
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    If you know for certain you paid him, next time he calls tell him to stop calling you and to take action if he wants to. If he continues to harass you, report it to the police.
  • CardinalWolsey
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    Is he calling you on your mobile? Block him.

    Instructions for iPhone and for Android.
  • unholyangel
    unholyangel Posts: 16,863 Forumite
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    You may have paid him cash but for many years most wages are paid electronically - so while you may not have a receipt, you may possibly have a withdrawal for an amount bearing some resemblance (if not the exact amount) for the skip hire at the time the skip was hired, no?
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
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    If you know for certain you paid him, next time he calls tell him to stop calling you and to take action if he wants to. If he continues to harass you, report it to the police.

    Is a company pursuing a lawful debt harassment and a matter for the police?
  • hollydays
    hollydays Posts: 19,812 Forumite
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    I presume that skip isn't still on your premesis?
    Usually they don't collect until they've been paid.
  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
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    hollydays wrote: »
    I presume that skip isn't still on your premesis?
    Usually they don't collect until they've been paid.

    After three years?

    I don't know when you last hired a skip but usually they want paying on or before delivery.
  • hollydays
    hollydays Posts: 19,812 Forumite
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    After three years?

    I don't know when you last hired a skip but usually they want paying on or before delivery.

    Yes that's what I said
  • Dean000000
    Dean000000 Posts: 612 Forumite
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    hollydays wrote: »
    Yes that's what I said

    Except you didn’t.
This discussion has been closed.
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