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    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
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    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
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Not received an invoice for some building work.


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Hi,

I don't know how to start a new thread so I though I would join this one.

 

I have not been billed or received any invoice for some building work I have had done.

 

 

It's been several months and I have heard nothing.

 

 

What I want to know is.

 

 

Can I suddenly be invoiced from the days the work was done but with interest added?

 

 

I have no contract and had no invoice.

 

 

Thanks for any help.

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Hello and Welcome,

 

I have started a new thread for you.

 

Regards,

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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More info required please Albert.

 

Scope of work done

Value of work

Builders name

Is work completed

 

Please give as much info as you can

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Hi Martin, The answers are as follows:

Scope of work done: Brick wall built

Value of work: £2000

Builders name: Sorry I don't want to disclose this, just a local builder though.

Is work completed: Work is completed but has some poor brickwork in it that I'm not happy with. I told him about it when he finished the work.

 

Thanks Martin.

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Ok so the builder hasnt been paid but there is an issue with the brickwork which you have logged with the builder.

 

Was a plan made for the builder to return and rectify the faulty brickwork?

 

Was anything paid during the works?

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Ok well in answer to your initial questions:

 

Yes he can invoice you out of the blue even a good few months or even years later although the latter is less likely.

What he cant do is add any interest until his invoice goes unpaid.

 

As you havent had an invoice he cant suddenly back date one and charge interest on it.

 

Have you tried to contact the builder to pay for the works or request an invoice?

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Hi Martin, No I have not tried to contact him but I have set the funding for it aside if it gets demanded. I forgot to add that I have a pub biseness so it would be biseness to biseness. I'm not sure if that makes a difference.

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I dont think it makes a difference to be honest if he hasnt invoiced you yet.

Wise to keep the funds aside, an invoice may still arrive.

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I dont think it makes a difference to be honest if he hasnt invoiced you yet.

Wise to keep the funds aside, an invoice may still arrive.

Hello Martin,

Just one last thing. I wondered what would be the case if the builder later claims to have sent an invoice. I can guarantee I have not recieved one. Would he need to prove he has sent an invoice if he later tries to claim it plus interest.

BTW The thread has been moved again but I don't know how to find it. Hopefuly you will still see this Martin. Sorry, I' a newbe!

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Looks like you managed to find it Albert.

 

If you prefer you could contact the builder and ask for the invoice along with a request for any remedial work you need completing. This would remove any concerns about the builder making future claims, although there is some pre action protocol he must follow before issuing a claim.

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Thanks Martin, It does not seem fair whilst the interset rates are alomst at zero that a builder could potentially do a poor job that the customer does nothing about because he recieved no invoice for it, then months or even years later could potentially claim the bad work was not is but still demand full payment for it and an interest rate of at least 5%.

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Hi AS,

 

Don't worry about what might happen.

 

Instead, I'd contact the builder and ask when he's going to fix the problem so you can pay what you owe.

 

It would be sensible to put this in writing if he fails to agree to remedy the job in the way you want.

 

If the job is not completed to your satisfaction within a couple of weeks, let us know and we'll discuss your options to get the job sorted by someone else.

 

:-)

We could do with some help from you

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Hi Slick, What is the best way to deliver the letter if I put it in writing or if he continues to ignore me? Mind you I suppose it's best to get some written dialog going and see what happens. What about if I just ask hom in writing if all my bills are settled or could he still send an invoice for work done before the letter was sent even if I do that. Yes, you right. The honest and correct thing to do is as you say is ask what he is going to do about fixing the problem and then pay him what I owe when it's finished. Is it best to get a solicitor to send the letter or just ask him to verify reciept of the letter in writing? Many thanks Slick.

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I see no need for a solicitor to be involved. Probably an unnecessary expense.

 

I would firstly call the builder and ask if he's going to remedy the problem so you can pay what you owe. If that fails to get him back to sort the issue within 2 weeks, let us know so we can suggest an appropriate letter to send by RM Signed For delivery.

 

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It will also help if we know :-

 

1. The nature of the problem with the work carried out.

 

2. Is it really so bad that it needs to be fixed.

 

3. The solution you think may resolve the problem.

 

4. The likely cost of remedy if you paid someone else to sort it.

 

:-)

We could do with some help from you

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Ok Slick, I'll have a think about that. To be honest my other school of thought is to just accept the problem as it is not a major fault and just wait and see if I ever get an invoice. I read on another thread that they would have 6 years to send me an invoice and it would be too late for them after that. Many thanks.

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Hi AS,

 

If it's not a major fault and you can live with it, call the builder to discuss the matter.

 

Tell him he's already aware you're not entirely happy about the job but you want to pay him for it, taking into account your misgivings. Accordingly you suggest he accepts a reduction of £xx as the job is not done to the standard you'd expect.

 

The job's been done so it's not entirely fair to "wait and see if I ever get an invoice", even though it's the builders responsibility to send you an invoice.

 

Try to sort the matter so it doesn't drag on.

 

:-)

We could do with some help from you

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I agree with Slick, you dont want it dragging on and in indefinately.

 

1. Obtain a quote or two to remedy the issue with the brickwork

2. Write to original builder requesting invoice and either a schedule for remedy prior to settling invoice or reduction in invoiced amount to reflect remedial work required.

3. If there is no response from the builder within a given 14 day timeframe, advise builder in writing, remedy will be sought by a n other builder and paid for from full amount owing.

 

You want to create a paper trail to cover yourself. In the event that the builder tries it in at a later date, you need to be able to show you have attempted to resolve the situation without success and sought an alternate resolution.

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