non resolved payment

[worried nanny]

I have a bit of a dilemma

 

my mum paid for a 3 piece to be made, when it turned up it was the wrong colour so she sent it straight back to the shop

this was now 7 years ago, and it has never been resolved,

 

she became ill and now she has passed it has only come to our attention that no money has been paid back to her or any other resolution made

 

I have tried emailing them and all I got back is

they are a reportable company, and they cannot believe that it has not been resolved,

then they said they have changed accountants and all their accounts from 2012 are stored away and cannot be accessed,

 

since that email I have tried on numerous occasions to contact them via email but they have not responded 

she paid out over £2000 for this and received nothing back

 

where do I stand in trying to get this back now

I look forward to your reply

thankyou

[BankFodder]

Please will you tell us which company are dealing with.

If you are the administrator of the estate then I would start off by sending them an SAR. If you have not informed them of the fact that she is now deceased, then I would suggest that you send an SAR in her name and apparently signed by her in order to avoid any complicating factors.

It is certainly going to be difficult to get the money back after so long. However, did she take any action at all to get the money back? Is there any trace of any correspondence between them?

 

[BankFodder]

Also, are you able to get hold of your mother's own bank records which would show the money paid out to the company and then show over a period of years that no money had been paid back to that account?

[worried nanny]

it is a private run family company

she died unexpectedly so there was no will etc,

 

I had been previously trying while she was alive to come to some sort of agreement but after a while they just ignored my emails 

I haven't informed them yet of her death

there is no correspondence at all between my mother and themselves, she was one that did not like to make a fuss

 

16 hours ago, BankFodder said:

Also, are you able to get hold of your mother's own bank records which would show the money paid out to the company and then show over a period of years that no money had been paid back to that account?

yes I can do that

[BazzaS]

If more than 6 years have passed since they last acknowledged any debt, it’ll be statute barred.

 

They might voluntarily refund, but it wouldn’t be enforceable through a court claim if statute barred.

[worried nanny]

I had contacted them previously this is when he replied

 

Quote

 

{after 5 years and lots of changes within our company staff and admin we find it hard to believe we would not have sorted this problem out straight away as we have built our company  on honesty and good faith.

our records are now stored for 2012 and we cannot access these at present as we now have different accountants

 we feel we are unable to help much more at this present time..

 

 

THIS WAS SENT TO ME FROM THEM 5 YEARS AFTER 

 

[BazzaS]

Sadly that isn’t an acknowledgement of the debt and doesn’t “reset the statute bar clock”

 

They MIGHT choose to do the right thing and refund: you just can’t enforce it through the courts if it has become statute barred.

[worried nanny]

so they are not getting back to my emails, is there any more that I can do from my end

[BankFodder]

Were even if your mother died intestate, there must be some probate and somebody must be administrator. Try and send an SAR

And incidentally, the principle is statute barred is a statutory limitation but it is subject to court's discretion

[worried nanny]

thankyou so very much, I take it I send the SAR request to the actual company