Builder Charged Me 3 Years Later

unholyangel

stragglebod wrote: »

Nobody is suggesting that the limitation period is different for skip hire companies.

They can still bring proceedings after three years, four years, five years.

But the fact that they spent three years behaving exactly as you'd expect if the OP had paid in full, and not behaving the way you'd expect if he hadn't, is evidence that there's no debt.

You tell me where in any act it says that courts can't consider the actions the parties have taken as evidence? You might struggle with that.

Again, 3 years (or even longer!) is not out of the ordinary to spot an accounting error. In the "legal world", 3 years is almost a blink of an eye.

As for behaving for 3 years as if the OP had paid in full....why would you think its evidence there is no debt? Is it only those who aren't owed a debt who might act like that? Not perhaps those who weren't sure what they wanted to do, or those who weren't aware the debt existed, or those who had hired someone else/better to do their books? What set of circumstances do you think would need to occur for a company to think a debt was settled for 3 years only to suddenly start chasing it as outstanding?

It is incredibly more likely to be an accounting error thats only just been picked up on, than any fraud by the company. Not all companies are at good at reconciling. Usually only those that are public (not good for share prices to be unable to account for supposed assets of the business).

Who knows, perhaps OP has followed my hints earlier and obtained a bank statement showing a withdrawal at the time the contract was carried out.

waamo

. Who knows, perhaps OP has followed my hints earlier and obtained a bank statement showing a withdrawal at the time the contract was carried out

Now that's what I call evidence.

DoaM

Potentially just circumstantial, but evidence nonetheless.

Zandoni

unholyangel wrote: »

Again, 3 years (or even longer!) is not out of the ordinary to spot an accounting error. In the "legal world", 3 years is almost a blink of an eye.

It is for a small company.

unholyangel

Zandoni wrote: »

It is for a small company.

And on what assertion do you base that?

A small company is less likely to have staff/a department dedicated to accounting & reconciliations. Therefore quite easy to go several years before spotting a discrepancy (if they ever spot it).

Zandoni

unholyangel wrote: »

And on what assertion do you base that?

A small company is less likely to have staff/a department dedicated to accounting & reconciliations. Therefore quite easy to go several years before spotting a discrepancy (if they ever spot it).

From experience working with small companies. Once the last year is closed it usually stays that way.

photome

scd3scd4 wrote: »

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

same here, i got a receipt for a skip, just over a year ago, I threw it away last week


I may come on here asking the same question in a couple of years time and start you lot off all over again.


after all the OP doesnt care (5 days since the post)

unholyangel

Zandoni wrote: »

From experience working with small companies. Once the last year is closed it usually stays that way.

I can categorically state its out of character for a small business to have its accounts in order. Most are ran by people who are clueless when it comes to accounts.

They may submit their tax return on time, but when you dig deeper its discrepancy after discrepancy.

davidmcn

unholyangel wrote: »

A judge won't be able to take it into consideration when the law expressly sets out a period of 6 years.

A judge wouldn't be able to take it into consideration if there were a law saying they can't take into consideration (which, to the best of my knowledge, there ain't). The principle of prescription doesn't mean courts have to ignore the concept of time when considering the evidence.

In my experience, skips are something which ordinary punters only get in exchange for upfront payment - they're not delivered, uplifted, emptied, and invoiced some time later. So a bit different from many other potential types of debt.

scd3scd4

photome wrote: »

same here, i got a receipt for a skip, just over a year ago, I threw it away last week


I may come on here asking the same question in a couple of years time and start you lot off all over again.


after all the OP doesnt care (5 days since the post)

We don't need the OP to have a little debate. He/she is superfluous. lol ;-]

Seems a little silly for someone to moan about a thread all the while reading it and commenting. See ya.....