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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Exactly 6 years ago this week the builder who supplied and

Resolved Question:

Exactly 6 years ago this week the builder who supplied and fitted the timber frame plus some other supplies and labour for our new build house finished on site. Despite numerous requests by email and letter no invoice for the work has been submitted to us. Where do we stand now?
Thank you
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
taratill :

Hello my name si Jenny and I am happy to help you. Are you saying you have not paid for the work?

Customer:

We paid the first stage on time and when requested for the ground works. After that despite repeated requests for invoices both before and after he finished on site he has never provided any invoice, statement or request etc. He also never responded to my emails and letters asking for invoice so I can settle the account

taratill :

when was the last time you contacted him?

Customer:

My last letter was in 2012 in which I stated I would not be writing again to request an invoice.

taratill :

Ok I assume you are asking from the point of view of limitation periods/

Customer:

Yes I think so. The money has been left in an easy access account earning little interest as I had assumed I may need it when the invoice came in.

taratill :

Ok thanks, ***** ***** Act 1980 says that a debt cannot be pursued after 6 years if a payment has not been made towards it or it has not been acknowledged in the period. I think that it is highly unlikely they will pursue it after this time but the fact that you wrote to acknowledge the debt in 2012 does break the 6 year period unfortunately. This means that the 6 years may be deemed to run from 2012 not the original date of the contract. If they do ask for the money then your starting point should be that the Limitation Act applies, let them produce the letter you sent in order to disprove that as they may not have a record of it given that they have been so disorganised on arranging to take payment.

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer:

Thank you, ***** ***** not sit well with not to pay our debts. However it has caused us considerable concern and I would like to close the matter. Waiting possibly another 4 years is not good news. Thank you for your help.

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