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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a gardening firm demanding monies for works carried

Resolved Question:

I have a gardening firm demanding monies for works carried out at my late Mothers address last year. All they have provided me is a copy of previous works carried out at the address,no contractual signed confirmation and no signed documentation for satisfactory completion of works. They have hired a collections agency to pursue the debt. I have in good faith paid £100 of the £600 owing (£500 debt remains) on the proviso that the firm send me signed approval / proof of commissioning of works to be carried out,plus written confirmation of satisfactory completion of works,to date they have not been forthcoming of said proof,only a copy of previous works carried out 2 years ago. Where do i legally stand?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Was the £100 payment on a full and final settlement basis please?

Customer:

No,the payment of £100 was paid in good faith on the proviso that they proved that they were the company that carried out the work,they have no sign off from either my late mother or anyone at the address

Alex Watts :

But as yet they have provided no evidence?

Customer:

No,only a copy of previous works carried out 2 years ago,they have also hired a collections agency to chase this debt

Alex Watts :

Ok - then you don't need to worry

Alex Watts :

If it went to Court then as a small claim a Judge would want to see evidence

Alex Watts :

They can't just say, erm this is what you owe and that is it

Alex Watts :

They must provide evidence.

Alex Watts :

Debt collectors have no power, so do not worry about that

Alex Watts :

But write and say that you dispute the debt and you want there to be evidence

Alex Watts :

If they can not provide evidence then you will not be corresponding further

Alex Watts :

But to give you an idea, in law they have 6 years to claim a debt

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Ok,thankyou. I gather that the firm in question has been used in the past but i can not recall having the firm in question used. I gather that i am naive in paying the £100,and gather that i best write this personal debt off.

Alex Watts :

Sadly yes. But you dont need to pay the balance unless they provide evidence.

Alex Watts :

But even then it would be a claim on your mums estate so you would'nt be liable

Alex Watts :

They wont be able to provide evidence so do not worry

Customer:

What evidence do they need to provide? Can they just send a copy dated last year of previous works? Or do they require a commissioning of works signature plus a signed write off of works carried out to satisfaction?

Alex Watts :

You would hope for some actual contract.

Alex Watts :

But as I said, its not your debt its a debt of your mums estate.

Alex Watts :

Can I clarify anything else for you?

Customer:

Ok,thankyou for your help.

Alex Watts :

If this answers your question might I invite you to rate my answer today

Customer:

Ok

Alex Watts :

If the system wont let you or you need more help please click reply

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