How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JGM Your Own Question

JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10105
Experience:  30 years as a practising solicitor.
31090051
Type Your Law Question Here...
JGM is online now

,I have been sent a bill from Edinburgh Council for

Customer Question

, I have been sent a bill from Edinburgh Council carried out under a statutory notice from over 6 years ago. This is not a reminder or a demand, it is the first time we have been sent it. Because of the time delay I have no record of this work and because of the amount I am a bit concerned that the work was unnecessary, was not completed correctly and was over priced . I did a freedom of information request : 1) A surveyors report that the work was actually required to be done. 2) Names and addresses of companies asked to tender work. 3) At least 2 contractors quotes work, including the quote that was accepted. 4) The reasons that quote was accepted over the other quotes. 5) Evidence of completion and associated completion certificates including a surveyors report. They replied that they could not find any of this information. Obviously I am not keen to pay a bill that I have no idea if I am due, especially since Edinburgh Council were being investigated over abuse of the statutory repairs notice during the period that the bill is for. http://www.edinburghnews.scotsman.com/news/council-to-write-off-5-5m-statutory-repairs-debt-1-3398976 Where so I stand here? Kind Regards Paul

Response to Freedom Of Information request:

Mr Paul Barclay

[email protected]

Our ref: 6174

Dear Mr Barclay

Environmental Information (Scotland) Regulations 2004 - Information not held

Subject: Statutory Notice - 171-175 Easter Road &*****/p>

Thank you request of 13/01/2015 which is being processed in line with the terms of the Environmental Information (Scotland) Regulations 2004. Unfortunately, we are unable to provide you with the information requested as it is not held by the Council. The Council is therefore relying on the exception under regulation 10(4)(a) of the Environmental Information (Scotland) Regulations 2004.

You asked following information:

1) A surveyors report that the work was actually required to be done.

2) Names and addresses of companies asked to tender work.

3) At least 2 contractors quotes work, including the quote that was accepted.

4) The reasons that quote was accepted over the other quotes.

5) Evidence of completion and associated completion certificates including a surveyors report.

We have checked the files and information that would meet the scope of your request is not held.

Following a report to Property Conservation from an owner concerned about the fabric of the building, an officer from Property Conservation visited the property to assess what works were required. The officer may have taken some rough handwritten notes in his own notebook at the time. These would then be translated into the wording of the notice once he returned to the office. It was not part of our procedure the Council or the consultant to produce reports prior to the notice being issued. We have carried out a search handwritten notes which may have been taken at the time the notice was issued but have not been able to locate these. It was not practice to be retained. The notice itself is the formal record of what works were required.

There is no evidence of a tender procedure on file and therefore it cannot be established if the Contractor, Cull & Hogg were the most competitive tenderer. However, it should be noted, that the rates contained in the Final Account match Cull & Hogg’s agreed rates from the Minor Works Framework Agreement 2004-2007.

Please note that this letter constitutes a formal notice under regulation 13 of the Environmental Information (Scotland) Regulations 2004.

To promote transparency and accountability, please note it is the Council’s policy to publish all request details and responses made under the freedom of information legislation. This information will be made available through the Council’s website and will not include your personal details. The disclosure log is available at the following link: http://www.edinburgh.gov.uk/homepage/175/foi_disclosure_log.

Your right to seek a review

If you are unhappy with the way we have dealt with your request, you can ask us to review our actions and decisions by writing to the Head of Legal Risk and Compliance, The City of Edinburgh Council, Waverley Court Business Centre 2:1, 4, East Market Street, Edinburgh, EH8 8BG or email: [email protected]

Please note that your request must be in a recordable format (email, letter, audio tape etc.), and that you have 40 working days upon receipt of this letter to ask review. You will receive a full response to your review request within 20 working days of its receipt. Please remember to quote the reference number above in any future communications.

If you are not content with the outcome of the review, you can ask the Scottish Information Commissioner to review our decision. You must submit your complaint to the Commissioner within 6 months of receiving our review response. The Commissioner can be contacted at:

The Office of the Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

Fife

KY16 9DS

Telephone: 01334 464610

Fax: 01334 464611

Website www.itspublicknowledge.info

E-mail: [email protected]

The Council’s Information Governance Unit is committed to providing an efficient and helpful service. To help us identify areas where we can improve, we would be grateful if you could complete a short customer survey by following the link below. Your feedback is very much valued and appreciated.

https://www.surveymonkey.com/s/FOICustomerSatisfaction

Yours sincerely,

Sue Brown

Information Compliance Officer

Information Governance Unit

Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131(###) ###-####/p>

[email protected] www.edinburgh.gov.uk

Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.
Thank you question. I'm a Scots solicitor and will help you with this.
I wouldn't pay the bill. If they can't give you the relevant information, they can't establish that the money is due. If they can't do that they can't sue you bill because they wouldn't be able to satisfy the laws of evidence were they to take this to court.
I would write back to them and return the bill saying that unless they can tell you what it's for, when the work was done etc etc you have no obligation to pay them.
Six years is a very long time to issue an account. It may even be time barred. Normally a debt is time barred if there is no acknowledgement or demand period of five years in Scotland.
Please leave a positive response so that I am credited time.
Customer: replied 1 year ago.

,

Thanks reply, can you evidence this reply with links to back this up?

Kind Regards

Paul

Expert:  JGM replied 1 year ago.
The onus of proof is on the Pursuer to prove a case and provide the evidence. This is common law and doesn't need to be backed up with anything as the common law on this is settled.
As far as time bar is concerned you can get the Prescription and Limitation (Scotland) Act 1973 at www.leglislation.gov.uk/ukpga/1973/52
Customer: replied 1 year ago.

,

Thanks reply, one of the links you sent is dead: www.leglislation.gov.uk/ukpga/1973/52

Kind Regards

Paul

Expert:  JGM replied 1 year ago.
Try this:
http://www.legislation.gov.uk/ukpga/1973/52/contents

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice