We'd like to remind Forumites to please avoid political debate on the Forum. This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

Builder Charged Me 3 Years Later

Options
245678

Comments

  • Mr.Generous
    Mr.Generous Posts: 3,490 Forumite
    Name Dropper First Anniversary Combo Breaker First Post
    Options
    Dean000000 wrote: »
    Except you didn’t.


    when I'm wrong …..

    That's what I meant to say!
  • waamo
    waamo Posts: 10,298 Forumite
    First Post First Anniversary Name Dropper
    Options
    LexieLane wrote: »
    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!!!

    A) If he initiates court proceedings it will be decided on the balance of probabilities. In other words which is the most likely based on the evidence.

    B) Yes. Claims can be made up to 6 years after assuming you are in England or Wales. 5 years in Scotland.

    C) No. It might form part of your evidence but it doesn't prove anything other than you had a skip which you don't dispute anyway.

    D) He is supposed to send a Letter Before Claim through the post. Email or text message doesn't count. Failure to do so would form part of your defence and may seriously hamper his progress.

    As others have said he cannot just send baliffs around.
  • Zandoni
    Zandoni Posts: 3,444 Forumite
    Name Dropper Photogenic Combo Breaker First Post
    Options
    It might be the skip guy is short of money and he is contacting all his old customers with the same threat, there will be a percentage that will pay.


    I'd just tell him you've paid and you ae certainly no paying again. There would need to be some evidence that he has chased you before now if he wanted to go to court.
  • DoaM
    DoaM Posts: 11,863 Forumite
    First Post First Anniversary Name Dropper Photogenic
    Options
    Zandoni wrote: »
    There would need to be some evidence that he has chased you before now if he wanted to go to court.

    Given that the Limitations Act allows an alleged debt to be chased up to 6 years after it became due, what are you basing your comment on?
  • Zandoni
    Zandoni Posts: 3,444 Forumite
    Name Dropper Photogenic Combo Breaker First Post
    Options
    DoaM wrote: »
    Given that the Limitations Act allows an alleged debt to be chased up to 6 years after it became due, what are you basing your comment on?

    Pretty obvious that no skip company would wait 6 years before asking for payment.
  • LABMAN
    LABMAN Posts: 1,659 Forumite
    First Anniversary Name Dropper First Post
    Options
    Zandoni wrote: »
    Pretty obvious that no skip company would wait 6 years before asking for payment.
    Pretty obvious that they legally can and have done so well within the six years allowed.
  • Zandoni
    Zandoni Posts: 3,444 Forumite
    Name Dropper Photogenic Combo Breaker First Post
    Options
    LABMAN wrote: »
    Pretty obvious that they legally can and have done so well within the six years allowed.
    Yes they can legally, but the judge will certainly ask why it's gone on so long. Are you suggesting the OP should pay again?
  • LABMAN
    LABMAN Posts: 1,659 Forumite
    First Anniversary Name Dropper First Post
    Options
    Zandoni wrote: »
    Yes they can legally, but the judge will certainly ask why it's gone on so long. Are you suggesting the OP should pay again?
    It was an accounting error no doubt...OP can't provide a receipt so it's 50/50 as to what the outcome would be I think. I haven't suggested at all that they should pay again. If I pay for something I get a receipt...always.
  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
    Combo Breaker First Post
    Options
    Zandoni wrote: »
    Yes they can legally, but the judge will certainly ask why it's gone on so long. Are you suggesting the OP should pay again?

    So your opinion rather than fact.
  • waamo
    waamo Posts: 10,298 Forumite
    First Post First Anniversary Name Dropper
    Options
    Zandoni wrote: »
    Yes they can legally, but the judge will certainly ask why it's gone on so long. Are you suggesting the OP should pay again?

    Firstly why would a judge ask? It's entirely irrelevant. Accounting mistakes happen and they have attempted to rectify it within the correct timeframe. It won't be an issue.

    Secondly it's a bit of a jump to suggest that the op should therefore pay. I see no hint of that suggestion.
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 12 Election 2024: The MSE Leaders' Debate
  • 344.2K Banking & Borrowing
  • 250.4K Reduce Debt & Boost Income
  • 450.1K Spending & Discounts
  • 236.3K Work, Benefits & Business
  • 609.7K Mortgages, Homes & Bills
  • 173.6K Life & Family
  • 248.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards