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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I did a job for someone about 15 years ago. He is now saying

Resolved Question:

i did a job for someone about 15 years ago.
He is now saying that the job was not done properly and has asked me to correct the job.
i also did other work for him and he has not paid me for my last two invoices.
Am i liable for the repairs or has he left it to late.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

How long ago did you do the other work for him, for which he has outstanding invoices?

Customer: replied 1 year ago.
2013 was the last time we worked for him
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 1 year ago.

Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.

If you did work for him 15 years ago and he is only just approaching you to query it and ask you to fix any issues with it, then he would be way too late to do so. There is no formal guarantee you must have given him by law and as this was a supply of services, any queries must have been raised within 6 years of the time the work was done. So in fact any claim against you over the workmanship or anything else related to the work must have been submitted within these 6 years. It has been 15 years so he is legally too late to pursue this any further. Therefore, you do not have to resolve any issues and he cannot legally pursue you for any compensation in relation to this anyway.

If you have outstanding invoices then you also have 6 years to pursue him for payment. Assuming that any of these invoices were from the last 6 years then you can actually consider making your own claim against him to get paid.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow if you wanted to take this matter further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

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Expert:  Ben Jones replied 12 months ago.

Thank you. If you want to pursue him for the money he owes you then whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:

1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.

2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. Before you consider starting legal action you may wish to consider sending a formal statutory demand. This is a legal request which asks the debtor to pay the outstanding debt within 21 days and failure to do so will allow you to bankrupt the debtor (if they are an individual ) or wind up the company (if they are a business). For the relevant forms to serve a statutory demand see here: https://www.gov.uk/statutory-demands/forms-to-issue-a-statutory-demand

4. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.

Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

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