Sent a bill after 6 months- do I have to pay it?

[seylectric]

This is hypothetical, but I'm trying to settle an argument.

 

One side says that if you are not sent a bill within 6 months then it is not legally binding if it is sent after that period of time. I'm not sure, but I do recall hearing this somewhere beofre which suggests to be it might be correct

 

The other side says that this is not the case. Anybody know for sure?

[Loula]

Hi!

 

Bill for what exactly?

 

I don;t know but can find out a definitive answer if I know to what type of 'service' or item you are referring

 

LOULA

[seylectric]

The particular bill in question is from a broadband internet service provider, who didn't send a bill for two years.

 

The person in question claims he has been told by Citizens Advice that the bill is null and void if it wasn't sent to him within 6 months, but the strange thing is that nobody (myself included) seems to be able to find the info on the web to clarify it.

 

The intriguing thing is that I remember being told exactly the same thing a couple of years ago, I can't remember who by but it has to be more than just coincidence!

[Loula]

I have been informed that same, but we need to know the truth.

 

Leave it with me overnight and I will try to find out.

 

LOULA

[less2303]

Are you getting confused with a Statute Barred debt, which is no longer enforeable after 6 years?

[arty9]

Had similar situation in 1997, got a letter saying I owed £73 pound from a parasitic debt collection agency in Preston can't remember name, claiming I owed it to the Co-op regarding a washing machine purchased in 1991. Never had a letter/phone call from Co-op saying I was in arrears because I wasn't, finance settled in full.

The parasites asked me to show records of this, I went to CAB and told to pay it as it was less than 7 years and I couldn't prove it.

I 've keep every bill and receipt since then, shame this site wasn't around.

[Bookworm]

The CAB gave you bad advice then. The burden of proof was on the company, not you, for starters. Was the Statute of Limitations 7 yrs then? Has it changed? Either way, as you say, if only we'd been around then...

[Bookworm]

Anyway, back to original post. I do not see how it could not be legally binding if you haven't had a bill for 6 months. The Statute of Limitations is 6 years, you can be chased up for it for that length of time. The key is, it becomes statute barred from the last time you had communications from the claimant... Therefore, 6 months hardly means anything in the eyes of the law. I suspect it is one of those urban myths, but I'm happy to be corrected if I'm wrong.

[arty9]

I put that one down to experience !

stature of limitation does this vary from loan/credit agreement, how would you find this?

Regards

M

[dw190]

I put that one down to experience !

stature of limitation does this vary from loan/credit agreement, how would you find this?

Regards

M

 

The Limitation Act

 

also see

 

The Consumer Credit Act 1974

Consumer Credit (Exempt Agreements) Order 1989

 

Both the above are strictly regulated by:

 

The Consumer Credit (Agreements) Regulations 1983

[arty9]

Many thanks

Regards

M

[seylectric]

I'm wondering if there is some confusion between the six months/six years issue.

 

Of course they have six years to reclaim money owed to you, but that is not to say that you may not be liable if you haven't received an invoice to begin with, and (it's driving me mad to be honest) but I have definately been told in the past that if you have not been invoiced within 6 months then you can't be invoiced later!

 

If this is true, then it overrides the 6-year rule; the point I'm making here is we are taking about two different issues.

 

I'm reasonably sure this came from Trading Standards, possibly 2-3 years ago.

[dw190]

I'm reasonably sure this came from Trading Standards, possibly 2-3 years ago.

 

Give Trading Standards a ring.

[seylectric]

Tried it, nobody there currently has heard of this but they said they will look into it and get back to me.

[Loula]

Me too.

 

Tried trading standards this afternoon and they said they'd look into it.

 

Will keep looking into it for you.

 

LOULA

[seylectric]

Thanks, loula, it might indeed be an urban myth but it keeps popping up from time to time, there's something more to this I think.

 

Still looking myself, just run off my feet at the moment.

[dw190]

Thanks, loula, it might indeed be an urban myth but it keeps popping up from time to time, there's something more to this I think.

 

Still looking myself, just run off my feet at the moment.

 

Are you not mixing this up with the cashing of a cheque which I understand must be banked within six months.

 

The only other thing I can find is in the Consumer Credit Act 1974. But that appears to be one year.

[seylectric]

Are you not mixing this up with the cashing of a cheque which I understand must be banked within six months.

 

The only other thing I can find is in the Consumer Credit Act 1974. But that appears to be one year.

 

No, definately not, but one year is an advance on six!

[dw190]

No, definately not, but one year is an advance on six!

 

The CCA excempts agreements that are repaid within one year in not more than four instalments.

 

So if you were supplied goods or a service and one year had passed before you received a bill you could claim you were provided credit within the meaning of the CCA and a signed prescribed agreement would be required to make any demand for payment enforcable.

 

ps. Does this make sense?

[Tinkerbelle]

The CCA excempts agreements that are repaid within one year in not more than four instalments.

 

So if you were supplied goods or a service and one year had passed before you received a bill you could claim you were provided credit within the meaning of the CCA and a signed prescribed agreement would be required to make any demand for payment enforcable.

 

ps. Does this make sense?

 

No

[iccarus1969]

is this the same as putting an item in for repair and if after the item is repaired and not paid for for 6 months.it can become the property of the person who repaired it ?

[kwaks]

No, but it is similar to resurrecting a thread that almost reached being "statute barred"

[Kraken1]

but as it has been ressurrected, it's rubbish. There is no such thing generally. In some industries there are codes of practice that limit liability for a certain period of time (for eg energy) but in the absence of one for telcos (which there might be, I don't know) they can bill you a year later and you have to pay.

[seylectric]

This topic was closed on 09 March 2019.

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