Invoiced 10+ years after work carried out.

CountyParking

Hi there, 
I had a builder carry out extensive building work over a decade ago now. After the work finished I chased him for an invoice for over 7 years and was always told "I'll get round to it" or "I'll talk you through the bill before I send it". The invoice never materialised despite, as stated regular attempts to secure an invoice.
Now nearly 11 years after the work finished an invoice turns up. The money I had set aside has been largely diminished (long story) and I can't now afford to pay the sizable bill. What are people's thoughts on this, and what are my legal rights? I would love to be able to pay the bill but I simply do not have the money... I feel awful for not keeping that money set aside. It has just been so long. Any advice greatly appreciated. 
Thank you. 

davidmcn

When was the last time you chased him? Normal prescriptive period is 6 years (in England or Wales, 5 in Scotland), but that's assuming there's been no contact. Arguably the clock restarts each time you acknowledge to him that you've got a debt.

m0bov

More than 6 years has passed, so you can duly ignore the invoice.

CountyParking

I gave up asking for the invoice about 4 years ago. The thing is that an actual figure has never been touted as to what the eventual bill might be - of course I had an idea of what it would be but he was so relaxed and non committal about it that was basically forgotten about. When I last 'chased him up' about the bill, neither of us knew what the bill exactly was. It's been 11 years since the work was completed and this is the first invoice of any type. 

Hasbeen

CountyParking said:

I gave up asking for the invoice about 4 years ago. The thing is that an actual figure has never been touted as to what the eventual bill might be - of course I had an idea of what it would be but he was so relaxed and non committal about it that was basically forgotten about. When I last 'chased him up' about the bill, neither of us knew what the bill exactly was. It's been 11 years since the work was completed and this is the first invoice of any type. 

So it appears the builder is still in time to issue you a invoice to what you owe.
Would suggest talking face to face with them to come to an arrangement, perhaps with a view to lowering amount owed?

CountyParking

I will try and find the money somehow as I'm a decent honest person. I was just wondering what my legal position would be worst case scenario. 

m0bov

If you never agreed a price, how can he invoice you? Very odd. He'd need to provide the price as off 11 years ago, does he have all the receipts for materials? Can he prove his labour charge for 2009?

m0bov

Hasbeen said:

CountyParking said:

I gave up asking for the invoice about 4 years ago. The thing is that an actual figure has never been touted as to what the eventual bill might be - of course I had an idea of what it would be but he was so relaxed and non committal about it that was basically forgotten about. When I last 'chased him up' about the bill, neither of us knew what the bill exactly was. It's been 11 years since the work was completed and this is the first invoice of any type. 

So it appears the builder is still in time to issue you a invoice to what you owe.
Would suggest talking face to face with them to come to an arrangement, perhaps with a view to lowering amount owed?

Not true in my opinion, under Limitations Act 1980 the 6 year timer starts from when the debtor last acknowledges a debt is owed, NOT from when the invoice is issued. If the OP has proof he tried to pay his debt, over 6 years ago, the builder can forget it. I'd also claim its statue barred as the builder has not kept in touch. OP might want to get proper advice from legal cover on their home insurance/union etc.

CountyParking

m0bov said:

If you never agreed a price, how can he invoice you? Very odd. He'd need to provide the price as off 11 years ago, does he have all the receipts for materials? Can he prove his labour charge for 2009?

I know, and I deeply regret not getting a final quote. The work was over a year and constantly changed (designs, materials etc). It's a horrible situation as I got to really like the guy. I doubt he could provide receipts for materials although I could be wrong. 

Hasbeen

m0bov said:

Hasbeen said:

CountyParking said:

I gave up asking for the invoice about 4 years ago. The thing is that an actual figure has never been touted as to what the eventual bill might be - of course I had an idea of what it would be but he was so relaxed and non committal about it that was basically forgotten about. When I last 'chased him up' about the bill, neither of us knew what the bill exactly was. It's been 11 years since the work was completed and this is the first invoice of any type. 

So it appears the builder is still in time to issue you a invoice to what you owe.
Would suggest talking face to face with them to come to an arrangement, perhaps with a view to lowering amount owed?

Not true in my opinion, under Limitations Act 1980 the 6 year timer starts from when the debtor last acknowledges a debt is owed, NOT from when the invoice is issued. If the OP has proof he tried to pay his debt, over 6 years ago, the builder can forget it. I'd also claim its statue barred as the builder has not kept in touch. OP might want to get proper advice from legal cover on their home insurance/union etc.

Sorry I thought the OP asked and tried to pay his debt was about 4 years ago??

m0bov

If you can show you knew you needed to pay, prove you tried to pay then I can't see how he can invoice you now. How did he come to that figure from materials and work done more than a decade ago?
Do you have legal cover with your insurance? Can legal with union or membership of something? Worth getting some proper advice regarding Limitations Act, its there to protect you not help you get out of something you genuinly tried to pay.