Plumber claiming unpaid bill from 3 years ago

[Ted Baker]

My elderly father has recently received 3 letters from a tradesman he has used in the past claiming that he failed to pay an invoice of around £70 that dates back some 3 years and that he will take legal action if he doesn't receive payment immediately.
What are my fathers rights? He vaguely recalls the visit of the chap but can't provide any evidence he has paid him. Nothing on his bank statements from around this time show a withdrawl for the amount but it's quite conceivable he paid cash though he doesn't actually recall having ever received an invoice or the tradesman actually carrying out any work other than an initial inspection. Surely a court wouldn't rule my father has to pay this chap who for all he knows may of fallen on hard times and has started making up claims such as this.

[Nini74]

if your father is unable to recall whether work was done, paid for etc, just ask the plumber for more information or a copy of the invoice - query whether it was paid at the time, and why its taken so long to chase it up. in all fairness though, unless your father is categorically stating that either no work was done, or that he definitely paid for it, this plumber could be very geniunely chasing up old unpaid debts and invoices. It's not necessarily a case of someone trying to rip your father off....

[sinderella]

ask him for a copy of the invoice with an itemisation of all his purchases
ask him where he purchased these.then go to the supplier and mention your concerns.they should have a record of his purchases corresponding to the dates on your fathers work.surely if he is being honest he would have no hesitation answering these questions to satisfy your curiosity.

[HowardKennitby]

^

I agree. Ask for a copy of the ORIGINAL invoice. If this can't be provided then I would think the plumber does not have much of a case.
I would also try to ask around to find out if anyone else is getting this sort of demand.

[dzug2]

<<then go to the supplier and mention your concerns.they should have a record of his purchases >>

And should tell you (politely I hope) to shove off. Their relationship with the plumber is none of your business.

Asking for a copy of the invoice is reasonable

[tonywiltshire]

The person who tells you they definitely know the way a court will decide is either very clever or very foolish. Having said which I think it is extremely unlikely a court would decide in favour of a tradesman who has left claiming payment for three years, without a very good reason and for which your father has no outstanding invoice for a relatively small amount. My advice would be to challenge the alleged debt and let the tradesman take him to court if he wishes and rely on the good sense of the court, who will not take into account the financial position of the tradesman unless it is relevant.

[joko]

ask him for details of exactly what work he is claiming he did, then when you have had the list you could state that you will be checking with another plumber that it corresponds to whats there... you dont actually have to do that but if hes lying then he will know another plumber would probably be able to tell whether the work has been done ans maybe when.
i doubt he will bother with court for £70 if he is lying hes probably using low amounts in the hope that people just pay up

[atalanta]

If a debt has gone unreminded and unclaimed for over 2 years, it is lost.
If the tradesman can prove that in the intervening time he has sent invoices which your father has ignored, he may be able to claim in the small claims court. But he will have to show the dated copies of the invoices which he claims to have sent.
But here is a story : a shopkeeper who was doing poor business once decided to send out bills for account customers. He was sending out duplicate bills to customers who had already paid some months before, but, surprisingly, about one-third of the customers who had paid actually paid up again without querying the bills. Maybe this tradesman has read that story.

[joko]

yes, i have heard of this trick... send out hundreds with a vague threat - particularly target the elderly and many will just not want the hassle... they probably wont have the details etc to check through their own records.
also if its too high a fee and people will fight it, so its low enough for some to just shrug and pay

for every one that fights another may just pay

[tonywiltshire]

Interesting information atalanta, would you please be kind enough to provide details of the legislation that permits a debt of two years unclaimed and unreminded to be lost (written off).
Many thanks, Tony.

[factor-fiction]

A two year time limit sounds like something overheard from a barrack room lawyer in the pub, but I'm happy to be proved wrong if atlanta has a link.

[EDDIE51]

I think it is 7 years not 2 as atalanta says.

[tonywiltshire]

This is covered by the limitations act 1980. It is 12 years for mortgage (secured debt) for the capital sum and usually 6 years for most other debts. You still owe the money but if handled correctly action cannot be started against you it can also be known as statute barred.