Received an invoice after 17 months! - Do I have to pay?!

[Lord Badger]

Hey guys - my first post on this site, as I was hoping some people might be able to offer me their views on a matter concerning a new windscreen that was never invoiced... I've just got back from holiday to find a letter from RAC auto windscreens chasing me up for the £50 excess on a windscreen that I had replaced back in March 2007. The engineer took my details and said that they would be in touch shortly.

 

Now I honestly never actually received any invoice for this and eventually forgot all about this, until today. My question concerns whether there is a maximum period in which you must invoice within?

 

The letter itself is not a final demand, but a more curious letter that contains the following snippet:

 

"There is currently an overdue balance on your account of £50 which we feel must be an oversight on your part

 

We would therfore (sic) appreciate it if you would settle your account promptly"

 

The letter does not say that I have to pay, but only asks if I could contact them. I'm not sure whether I should contact them to pay this or whether I can ignore this as they are just fishing, as it was 17 months ago and they are hoping that they can retrieve something from the people that must have fallen between the cracks in their billing system.

 

I did read a similar post on the site but I am not sure that this makes any conclusions...

 

Anyone got any views on this?

[maroondevo52]

Hello and Welcome, Lord Badger.

 

If I did a job for someone and forgot to invoice them, then 17 months later realise my mistake and send them the invoice, you bet your boots I'd be pretty annoyed if they did'nt pay.

 

 

Regards.

 

Scott.

[seftonview]

Under the Limitations Act, they have six years to claim the debt. So, unless you disagree that it's owed, it's not statute barred.

[gyzmo]

I also think it is a matter of ethics. If it is work which you have had which you know should be paid for then pay it. It could be a mistake on their part - not everyone is perfect.

 

Refusing to pay due to the time that has passed is simply asking for trouble.

[sequenci]

Under the Limitations Act, they have six years to claim the debt. So, unless you disagree that it's owed, it's not statute barred.

 

The six years would run for 6 years from when the debt became due, they may be able to argue that the debt became due once they sent the invoice out. We are talking s6 of the act here, rather than s5 which is the norm for loans etc.

[TheChancellor]

Pay up I'm afraid.

 

You can try waiting for the reminder but it will no doubt arrive.

 

Look on the brightside - there are a few of us on here who would be ecstatic to only have someone chasing us for 50 quid.

 

(50 Grand come to think of it )

[Lord Badger]

Thanks for your advice guys!

 

One further point I've remembered was that they did take my debit card details at the site when the work was being done. I know that this is a slight aside that might not be relevant to this case at all, but if you went to a shop and they swiped your credit/debit card then failed to take your details then would you still be liable up to 6 years later?!

 

I will pay this amount, but this is a further lingering question that I've had for some time as a friend went to the Czech Republic and had their card swiped at a restaurant, but it never went through. I remember them saying that if it didn't go through in a certain time that it wouldn't be valid, so is there any update on this? are we still talking about this 6 year cut off?

[Zamzara]

I will pay this amount, but this is a further lingering question that I've had for some time as a friend went to the Czech Republic and had their card swiped at a restaurant, but it never went through. I remember them saying that if it didn't go through in a certain time that it wouldn't be valid, so is there any update on this? are we still talking about this 6 year cut off?

 

There are two slightly different issues there.

 

One is the card company's rules, another is the customer's liability to pay. If the card transaction does not complete, for whatever reason, the customer is still liable to pay.

[legalpickle]

If you don't pay then RAC Auto Windscreens of all people will almost certainly to take you to court through their trigger happy Solicitors!

 

I would call them and complain that you never received the invoice till now, and grumble saying it's hard for you to pay right now, had you received it 17 months ago or even 15 months ago, it would have been paid immediately. Please can they wipe it off. Try your luck at getting a discount, worst case you don't and have to pay - no worse off than now.

 

Don't tell them they have your card details though.

 

If they agree to give you a discount or write it off then ask for written confirmation by post, and if it doesn't arrive chase it up a few days.

 

Remember to keep notes of the conversation and the names and departments of everybody you speak to.

 

Sometimes it works.

[ginstrell]

Hi

 

I just received the exact same letter 2 weeks ago from RAC for a windscreen they fitted April 2007. I sold the car in May 2007 and did not keep any of the paper work. I cannot remember receiving an invoice from them but at same time don't want to pay if I already have. I have checked my bank statement and cannot see a payment around that time but my credit card company want £4 for a statement copy. I have not contacted RAC yet but they have started to phone me now. I wondered if you managed to resolve the issue?

[slick132]

Hi Ginstrell and welcome to CAG.

 

Go back to RAC in writing and say you believe they took Card details at the time so you assume the matter was properly dealt with at the time.

 

If they say it wasn't paid at the time, ask why it's taken so long to sort this. Also, use LegalPickle's suggestions above.

 

Start your own thread for this matter, in this General Consumer Issues forum - use the NEW THREAD button at the top or bottom of the forum page. This avoids hijacking the thread of another.

[Rooster-UK]

"There is currently an overdue balance on your account of £50 which we feel must be an oversight on your part

 

We would therfore (sic) appreciate it if you would settle your account promptly"

The letter does not say that I have to pay, but only asks if I could contact them.

 

Read the bit in red.

 

Translation: Please pay your bill!

[butty_a]

Check your statements, didn't pay it then cough up, but I would tell them they're cheeky bugg3rs for saying it was an oversight on your part, normally you give your card details as you did and thats it, they dont normally send a bill in the post, tell them to rescind that comment because 17 months since they took your details and they want payment now, it is clearly not your fault but it does sound like you still need to pay though.

[LemonTwist]

If you don't pay then RAC Auto Windscreens of all people will almost certainly to take you to court through their trigger happy Solicitors!

 

I would call them and complain that you never received the invoice till now, and grumble saying it's hard for you to pay right now, had you received it 17 months ago or even 15 months ago, it would have been paid immediately. Please can they wipe it off. Try your luck at getting a discount, worst case you don't and have to pay - no worse off than now.

 

Don't tell them they have your card details though.

 

If they agree to give you a discount or write it off then ask for written confirmation by post, and if it doesn't arrive chase it up a few days.

 

Remember to keep notes of the conversation and the names and departments of everybody you speak to.

 

Sometimes it works.

 

I don't remember the original poster saying he was in any financial difficulties though and would find it hard to pay right now? Wouldn't it be against the law to say you're in financial difficulties when really you're not, in order to get someone to write off a bill? (Maybe he is, but he didn't mention anything about it).

[legalpickle]

I don't remember the original poster saying he was in any financial difficulties though and would find it hard to pay right now? Wouldn't it be against the law to say you're in financial difficulties when really you're not, in order to get someone to write off a bill? (Maybe he is, but he didn't mention anything about it).

No it would not be against the law. And how would RAC Auto Windscreens find out that he had lied even if it was against the law? He is not swearing by anything only asking for their mercy because of their mistake.

 

How did the OP - Lord Badger - do by the way?

[maroondevo52]

How did the OP - Lord Badger - do by the way?

 

Not got a scoobie, maybe still trying to find the 50 notes

 

.

[LemonTwist]

No it would not be against the law. And how would RAC Auto Windscreens find out that he had lied even if it was against the law? He is not swearing by anything only asking for their mercy because of their mistake.

 

How did the OP - Lord Badger - do by the way?

 

It may not necessarily be against the law, but whatever happened to good ethics and treating others how you would want to be treated?! I think it is counterproductive - if you pretend you're poor when you're really not, then all it does is make life harder for people who are genuinely poor and require help, as it means that people (eg companies/government authorities) treat them with more suspicion and less sympathy.