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Builder Charged Me 3 Years Later

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Comments

  • Zandoni
    Zandoni Posts: 3,465 Forumite
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    LABMAN wrote: »
    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.

    No way was it an accounting error, it’s very doubtful a skip company goes back 3 years over their accounts. I’d also suggest they may do s lot of cash in hand jobs, if they are the type to threaten people with bailiffs.
  • Zandoni
    Zandoni Posts: 3,465 Forumite
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    waamo wrote: »
    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.

    The judge wouldn’t need to ask me, I’d tell him that I paid cash at the time and and I find it very strang that skippy suggests I haven’t paid three years later.
  • DoaM
    DoaM Posts: 11,863 Forumite
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    Zandoni wrote: »
    The judge wouldn’t need to ask me, I’d tell him that I paid cash at the time and and I find it very strang that skippy suggests I haven’t paid three years later.

    If that was your sole defence then it would be a "he said, she said" situation, so the judge would decide on the balance of probabilities who he/she believed. You'd need somewhat more than that for a defence. ;)
  • Zandoni
    Zandoni Posts: 3,465 Forumite
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    DoaM wrote: »
    If that was your sole defence then it would be a "he said, she said" situation, so the judge would decide on the balance of probabilities who he/she believed. You'd need somewhat more than that for a defence. ;)

    Yes it is down to the judge who is believed but, it will help a lot that it’s taken three years to say they haven’t been paid.
  • DoaM
    DoaM Posts: 11,863 Forumite
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    Zandoni wrote: »
    Yes it is down to the judge who is believed but, it will help a lot that it’s taken three years to say they haven’t been paid.

    You may think that, but that's exactly the point made earlier by waamo - if the claim has been brought within the statute of limitations then a judge may not care.
  • Zandoni
    Zandoni Posts: 3,465 Forumite
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    DoaM wrote: »
    You may think that, but that's exactly the point made earlier by waamo - if the claim has been brought within the statute of limitations then a judge may not care.

    But he also may care, so it’s a very good point to bring up along with the bailiff threats.
  • DoaM
    DoaM Posts: 11,863 Forumite
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    Nobody is disagreeing that it shouldn't be part of a defence ... as the entire defence (as you'd implied)? .... stupid move.
  • waamo
    waamo Posts: 10,298 Forumite
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    I don't think the judge will give the slightest credence to it. They won't ask and won't care. I wouldn't even include it as a defence point. In saying that we are jumping the gun a bit, we are no where near that stage yet.
  • Zandoni
    Zandoni Posts: 3,465 Forumite
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    waamo wrote: »
    I don't think the judge will give the slightest credence to it. They won't ask and won't care. I wouldn't even include it as a defence point. In saying that we are jumping the gun a bit, we are no where near that stage yet.

    I don’t agree, I think the judge will definitely take it consideration. I doubt it will go that far anyway but, you can’t tell.
  • scd3scd4
    scd3scd4 Posts: 1,180 Forumite
    1,000 Posts Third Anniversary
    LABMAN wrote: »
    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.


    I also get a receipt but I don't keep them forever.
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