I suppose only you know if you tried hard enough to pay them, but if you refuse to pay them now its theft. But you could offer to pay them less in consideration of the missing fitting if that was included in the price.
Calling all legal eagles...
Do any of you know whether there is a cut-off date after which you can't be charged for being supplied goods? Over a year ago I ordered (and received) some light fittings, and despite me reminding the company that they need to invoice me (and sort out a missing fitting), they didn't.
Now they've decided that they want some money off me, but I was wondering whether I really have to pay, given the amount of time that has elapsed?
I'd ask my brother, who's a barrister, but he can be irritatingly vague when it comes to these things!
Thanks all.
I suppose only you know if you tried hard enough to pay them, but if you refuse to pay them now its theft. But you could offer to pay them less in consideration of the missing fitting if that was included in the price.
I'm not a lawyer, but this happened to my sister too. She tried 3 times over about 8 months to pay for something she'd bought mail order and received. She asked her local solicitor what to do and he advised her that she had been diligent in trying to pay and she could now go quiet with a clear conscience, however, his additional advice was that if presented with an invoice she had to pay it. Sure enough, round about the 12 month point the bill came in
I suppose you've got some negotiation room with the missing fitting but I guess you have to pay.
The limitation period on ordinary contracts is six years.
However, it has been successfully argued that the limitation period starts to run when the invoice is presented - prior to that, no demand for payment has been made and therefore no debt has arisen.
That argument was made when the 6 year limitation period since the supply of goods was well past but there was still some time before 6 years since the invoice.
If you don't invoice for 5 years and 11 months and then argue that you have another full six years before the limitation period is up, the court might be unsympathetic to that argument.
If you got a packing note with the goods, it will probably say on it "all goods remain the property of ...... until paid for in full" It covers their back and because you have kept the goods, you are therefore liable to pay for them....
Under the sales good act, the company you bought the lights from are liable for the missing part - not the manufactorer as they will try to fob you off with. Your contract is with who you parted your money with. If they have a different contract with the manufactorer that is for them to deal with.
You can still ask for a refund under the sales act, but it's only valid for 5 years in Scotland. You aren't required by law to provide a receipt (not that this applies as you've not paid for them yet.)
Probably best to speak to them and quote your consumer rights (check them first, I've had a few dodgy customers try to pull a fast one....) and quote them to the company.
If you have any written correspondance you can enclose this with a letter if you want to send it.
If they are still being awkward, Citizen's Advice can be very helpful.
Yawn .... (we've been here before, Barry!)
This is the CerocScotland forum, and blackisleboy is based in Inverness.
From the known facts I guess it can be successfully argued that the contract was formed in Scotland, and if so the applicable Act is the Prescription and Limitation (Scotland) Act 1973.
The limitation period is therefore FIVE years, not six. The rules about when this starts etc are also subtly different in Scotland from those in England.
Anyway, as the elapsed time is well within the period, the firm has a right to payment if they have fulfilled their side of the contract - whether or not the missing fitting is a material breach of contract would be determined on the facts but you could always delay things by insisting that the firm fulfils all of its side of the contract, and that you will withhold an appropriate amount until they do.
[EDIT] Jeanie's comments give you a commonsense way forward, and lawyers don't get any money, ergo it is a A GOOD THING
Last edited by John S; 2nd-December-2008 at 02:38 AM. Reason: Just read Jeanie's post.
Thanks all! Looks like I will have to pay up: I have no intention of trying to wiggle out, given that they did supply the correct stuff, pretty much - I was just interested in what the law was. Quite amazed that it's five (or six) years, I thought it would be closer to twelve months.
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