Invoiced 13 Years Later

Jenni_D

user1977 said:

Blemaepico said:

Jenni_D said:

He needs to have made a formal claim for the alleged debt - submitted an invoice for example - at some point between the original date and 6 years later. Talking about it in the pub doesn't count.

Thank you, this is what I had thought, we have never had any letter / invoice to inform us of the amount owed, this is the first time we have received anything formal. 

He's the kind of guy to try everything to make us pay, he's told other people that he would get solicitors on to us if we don't pay etc. 

So have you received anything informal? Your OP made it sound like this had come out of the blue, but now it isn't so clear.

Such as? The trader would need to evidence having made any such requests. And if he did try to claim he sent an invoice by post, unless he has a certificate of posting from a PO then he has no proof of doing so.

user1977

Jenni_D said:

user1977 said:

Blemaepico said:

Jenni_D said:

He needs to have made a formal claim for the alleged debt - submitted an invoice for example - at some point between the original date and 6 years later. Talking about it in the pub doesn't count.

Thank you, this is what I had thought, we have never had any letter / invoice to inform us of the amount owed, this is the first time we have received anything formal. 

He's the kind of guy to try everything to make us pay, he's told other people that he would get solicitors on to us if we don't pay etc. 

So have you received anything informal? Your OP made it sound like this had come out of the blue, but now it isn't so clear.

Such as? 

Some sort of written demand which wasn't as "formal" as whatever they've just sent. Which might have given them an argument that they had restarted the clock.

pinkshoes

Have you received ANY sort of request in writing in the last 6 years in reference to the money owed?

(Do you actually owe any money??)

born_again

I thought on the Limitations Act. That the 6 years (ignoring Scotland) was when from when YOU last engaged with the other party. Not when they just sent you a letter or invoice? 
Otherwise it go on forever.

Blemaepico

pinkshoes said:

Have you received ANY sort of request in writing in the last 6 years in reference to the money owed?

(Do you actually owe any money??)

nothing in 13 years, since he walked off the job. The only thing we've heard is him slagging us off for owing him money.

Blemaepico

born_again said:

I thought on the Limitations Act. That the 6 years (ignoring Scotland) was when from when YOU last engaged with the other party. Not when they just sent you a letter or invoice? 
Otherwise it go on forever.

I thought it was from when the work was carried out also. anyway, we've not had anything from him in 13 years.

Jenni_D

The 6 years is from the last acknowledgment of there being a debt to pay. In your case that would have been either a) the date he walked off the job, or b) the date he submitted an invoice and you accepted it. As you haven't accepted his invoice (I assume), and you haven't acknowledged it with him (I assume, other than perhaps rejecting his debt demand) then the Limitations Act does apply - 6 years from him walking off the job.

That's what I think @born_again was alluding to.  

born_again

Jenni_D said:

The 6 years is from the last acknowledgment of there being a debt to pay. In your case that would have been either a) the date he walked off the job, or b) the date he submitted an invoice and you accepted it. As you haven't accepted his invoice (I assume), and you haven't acknowledged it with him (I assume, other than perhaps rejecting his debt demand) then the Limitations Act does apply - 6 years from him walking off the job.

That's what I think @born_again was alluding to.  

Spot on 👍

If he is slagging you off in the pub & people are telling you that. Then make sure the people know what happened & after 13 years he is wasting his time. I'm sure these people will see that he is in the wrong.

Undervalued

born_again said:

Jenni_D said:

The 6 years is from the last acknowledgment of there being a debt to pay. In your case that would have been either a) the date he walked off the job, or b) the date he submitted an invoice and you accepted it. As you haven't accepted his invoice (I assume), and you haven't acknowledged it with him (I assume, other than perhaps rejecting his debt demand) then the Limitations Act does apply - 6 years from him walking off the job.

That's what I think @born_again was alluding to.  

Spot on 👍

If he is slagging you off in the pub & people are telling you that. Then make sure the people know what happened & after 13 years he is wasting his time. I'm sure these people will see that he is in the wrong.

It depends what you mean by "in the wrong".

As I mentioned in an earlier post he may well have been justified in charging for some or all of the work he had carried out prior to "walking out". Had he pursued that at the the proper time he would almost certainly have got something. 

If so then legally that money is still owed, it is just that there is no lawful means of enforcing payment.

Ergates

born_again said:

Jenni_D said:

The 6 years is from the last acknowledgment of there being a debt to pay. In your case that would have been either a) the date he walked off the job, or b) the date he submitted an invoice and you accepted it. As you haven't accepted his invoice (I assume), and you haven't acknowledged it with him (I assume, other than perhaps rejecting his debt demand) then the Limitations Act does apply - 6 years from him walking off the job.

That's what I think @born_again was alluding to.  

Spot on 👍

If he is slagging you off in the pub & people are telling you that. Then make sure the people know what happened & after 13 years he is wasting his time. I'm sure these people will see that he is in the wrong.

I expect the people he is talking to will fall into 2 categories:
1)  His mates - who will take his side no matter what
2) Other people -  who know him and know he's full of it and will ignore what he says.  I doubt this is an isolated behavior.