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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47376
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I had a pet sitter in October 2013 and I left a cheque payable

Resolved Question:

I had a pet sitter in October 2013 and I left a cheque payable to her , she never cashed the cheque and when I contacted her in April this year for my pets she said i made it payable to her business not herself which I didn't know I had to. My problem is she has made no contact with me for the 5 months for this payment either by phone, email or letter and now i made contact with her she is demanding i pay this money or she will take me to court where do I stand on this?
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is XXXXX XXXXX I will assist you.

Do you dispute the amount that is owed?

Did she provide you with an invoice and if so who was it from? Her personally or her business?

Kind regards

AJ
Customer: replied 3 years ago.
She does her invoices online but normally I do online transfers but my account was blocked due to hacking so I left her a cheque. I never heard anything off her until I rang her to book for Easter now she is demanding the money, but after 5 months I don't feel I should pay her as the money was available at the time but 5 months later is a long time and I feel if I didn't contact her I feel I wouldn't of heard off her,I did have a fault with my phone but she could of emailed me or written to me like she did when she sent a bill and my door key back
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

I am just writing a response.

I will revert to you as soon as possible.

Kind regards

AJ
Customer: replied 3 years ago.
Ok thankyou
Customer: replied 3 years ago.
Relist: Other.
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Customer: replied 3 years ago.
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Customer: replied 3 years ago.
Relist: Other.
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Customer: replied 3 years ago.
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Customer: replied 3 years ago.
Relist: Other.
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Expert:  Ben Jones replied 3 years ago.
Hello, I can contact your original expert to see if he is available to answer your query or if you need an urgent response I can help instead. Let me know your preference please, thanks
Customer: replied 3 years ago.
If you could help me Ben that would be great thanks
Expert:  Ben Jones replied 3 years ago.
No problem, I will explain your legal position. Whilst I understand your reasoning for not wishing to pay this company the fees for the services they provided, I am afraid that legally you are still under an obligation to pay them what is due. It could be 5 months since you officially owed them the money, but then that does not matter in law. You had a contractual obligation to pay them for the services they provided you with and as the money has not yet been paid, it means that you legally owe them that money still. Sending a cheque does not satisfy your duty to pay them – a cheque is a promise to pay the amount specified on it but until it is cashed and the money has been transferred from your account into theirs, you have not actually discharged your obligation to pay them,

The issue here is that the pet sitter would have 6 years within which to make a claim for the money they are owed. So even if they realised after 5.5 years that they had not been paid for their services and the cheque had not yet been cashed, legally they can still take you to court after all that time and within these 6 years that the law allows. So as you can see, 5 months is not really that long in legal terms and she is still very much within the legal time limits allowed to make a formal claim against you for the money that is due.

To avoid any further issues with this and to prevent a claim being made against you in the small claims court, you may wish to consider settling these fees and paying her what she is due. You may cancel the cheque you issued and perhaps deduct any fees you would have to pay to do this from the final invoice, then making the payment.

If you are adamant you do not wish to pay, then you could refuse to do so with the risk that she will then make a claim in the courts to pursue this. There is of course a chance she may not do this but as I mentioned it is a risk you are taking and if she does proceed then you could increase what you owe her as you may then have to compensate her for the claim fees or any other court fees she has had to pay in order to pursue this claim against you. So the choice is yours and I hope you have sufficient information above to help you decide which way to go.

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47376
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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