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Category: Law
Satisfied Customers: 33375
Experience:  Barrister at Self Employed Barrister
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I paid a bill mother over 4 years ago because she was

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I paid a bill for my mother over 4 years ago because she was temporarily in an old people's home. The invoice amount was incorrect as it did not take into account a deposit. On the advice of a solicitor we sent a cheque for what we considered to be the correct sum minus the deposit owed and said it was in final settlement and cashing it would be acceptance that the debt was settled in full. The cheque was cashed and we heard nothing more. Now 4 and a half years later we have received a letter from a solicitor acting as a debt collector that says we owe over £3000.00 for this unpaid debt. This is a terrible shock and grossly unfair. we wonder where we stand legally. Can you help?
I would simply write back to them stating that the sum is no longer owed on the basis that the claim was compromised at the time and as such they have no legal claim against you. Happy to discuss. Please rate positive
Customer: replied 2 years ago.
Are you happy to discuss over the phone as it is more complicated. Also can you confirm that my credit card charge was a one off charge of £47 and not a regular payment?
It is a one off charge - I am unable to speak on the phone (that also incurs a greater charge) but will happily talk this way - but please remember to rate positive and then I will be able to exclusively help
Customer: replied 2 years ago.
Ok thank you.. Out of interest if their invoice was valid (which we do not think it was) and they had merely mislaid the bill for 4 and a half years are they entitled to claim the outstanding amount after such a long period? Is there a statute of limitations period. We heard nothing from them after we submitted the cheque in full and final settlement.
The statute of limitation is actually 6 years - so they are presently within time - but often these debts are sold to a variety of debt collectors in the hope of easy payments. This is not easy on the basis that you write and state that the claim is compromise. I hope this helps. Please rate positive
Customer: replied 2 years ago.
OK thank you.
My pleasure - can you please rate positive - thanks
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