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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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Back in August 2010 I ordered some work from a printer which

Customer Question

Back in August 2010 I ordered some work from a printer which had a total value of £480. I paid this printing company 2 months later by cash. In 2013 (3 years later) I received a letter from a liquidator of the printing company saying that this invoice needs to be paid and that it was never paid, at the time of receiveing this letter I could not even remember the invoice let alone I paid by cash, I finally remember from a previous employee of the printing company that I did pay by cash and told the liquidator. Today (2 years later) I have received an e-mail from a solicitor acting on behalf of the liquidator saying I now have to pay within 7 days else they will issue proceedings against me. Am I liable to pay this?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
This really comes down to which version of events is accepted.
Obviously they haven't recorded your payment. That does happen when companies are going under sometimes but it is not your fault or your problem.
If your version of events is accepted then you are not liable. If theirs is then you are.
The reality is that, giving the sum of money, it might well be accepted that you would have a record of a cash payment this old. You might actaully find that you do though. Declarations to the Revenue, withdrawals from your bank etc. You won't be able to show an actual transfer but you often can raise some record.
I wouldn't give in. If they do sue then defend the action.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Hi Jo,

Thanks for your speedy reply.

If I decide to defend any action they take is it possible for them to put a default or worse against me? The last thing I need is something like this as I am saving up for a mortage at the moment.

If I am at no risk of being giving a default then I will gladly fight any action.

Thanks,

Josh

Expert:  Jo C. replied 2 years ago.
If they sue and win and you don't pay within 28 days in full then they would get a CCJ which is not desirable generally when you are applying for a mortgage.
It is quite unlikely they are the sort of creditor who can add a default though.