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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70507
Experience:  Over 5 years in practice
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We purchased some doors and windows on a deposit and balance

Resolved Question:

We purchased some doors and windows on a deposit and balance on delivery contract (terms stated and signed in a document by both parties). We gave our card details and they took a deposit and a balance payment. 3 months later we have received a statement and it seems that they mistakenly took the wrong amount (£900 less than the price). Do we have to pay this now if they have not made any contact with us in the last 3 months to explain their mistake?
Submitted: 9 months ago.
Category: Law
Expert:  Jo C. replied 9 months ago.

Is there any reason you think you may not?

Customer: replied 9 months ago.
Only that the terms were to pay on delivery and we gave our card details in good faith that they would take the right amount, we didn't try to underpay them, and they have not contacted us for 3 months. It was obviously their mistake and we now have a large amount to pay that we were not expecting.
Expert:  Jo C. replied 9 months ago.

Well, surely it is unexpected? This was the contract price?

This is their mistake of course. It is not your fault that they made this mistake. That doesn't mean you don't have to pay though.

You are liable to pay the contract price. I realise they made a mistake but that doesn't remove your obligations under the contract.

Sorry if that is bad news.

Can I clarify anything for you?

Jo

Customer: replied 9 months ago.
Is there no limitation on when a contractor can request a payment, even years later, if they have not chased it up at any point prior? I know this is just a few months but I'm surprised there is no limit.
Expert:  Jo C. replied 9 months ago.

Yes, there is.

It is six years.

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