Get UK Law Questions Answered by Verified Experts
Thanks for your question.
You've got to write to them outlining the debt, when it was incurred, that it was unpaid and asking them to pay the money to you within a stated time (eg. 7 or 14 days) otherwise you will issue a claim for the money at Court. Draw their attention to s.5 Limitation Act 1980 or if the contract was signed as a deed s.8 for which the time limit is 12 years and therefore your claim is not time barred by statute. Entitled the letter "Letter before intended legal proceeds" and embolden it.
If you cannot find evidence of payment or they cannot produce evidence then you have an actionable claim, make this point to them and it will get them to engage in the issue. This will get the attention of those that cannot be bothered with it, similarly with those that refuse to do anything.
Quite simply, if it is a debt of the business the business has a right to pursue it. If they state that they do not owe the debt then they should produce evidence to show that it has been repaid. If it ends up with the debtors saying they've paid and the business saying it hasn't then you are just going to have to issue and litigate.
If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.
You will not be able to pursue that debt if your stated chronology is correct. No claim, regardless of correspondence/conversations, can be pursued if six years has expired from the date the cause of action accrued - this would be the date at which the contract was breached, so if payment terms on the invoice is 30 days from the date of the invoice then the cause of action would accrue the day after that.
I think it's unfortunate phrasing from the debtor's solicitor really.
Sorry it could not be better news.
Yes, you have to issue the claim before the time limit expires. As long as you have it on the Court books before the time limit then it does not matter if the 6 years expires during litigation.
Thank you for the kind accept.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).