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VERY OLD OUTSTANDING PAYMENT

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11 years 4 months ago #985 by Snappy
Evening all
I'm new here and seeking advice.

My husband ran his own business for nearly 2 years whilst doing project management contract work. He has not traded for the last 3 to 4 years.

One of the companies he dealt with (a very well known electronic brand) still owes money (over £2000!) from an unpaid invoice from Nov 2008.

Can anyone advise me if I can still ask for this money and if so how do I go about doing it?

Any help will be gratefully received, thanks.

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11 years 4 months ago #986 by john@termsandconditions.co.uk
Hi Debbie. Under the Limitations Act 1980, a debt incurred under a 'simple' contract can be pursued for a period of up to 6 years from when the debt was incurred originally.

However, I would only pursue this debt if you are absolutely sure that it remains outstanding. For example, are you sure that payment wasn't rolled up into a larger total including other invoices? And was it pursued by your husband's firm back in 2008? You will need to be sure of your ground and have a full reconciliation of your husband's business accounts. I say this because whilst you don't really want the hassle of going to court you have to show that you are on firm ground. At the very least I would make sure that you have the invoice and the contract for the work involved to hand.

This doesn't mean that you start chasing your debtor with 'all guns blazing'. No, start off at the level that is least likely to cause offence and ramp up the pressure at pre-determined intervals if you get no satisfactory response. I would include your claim for late payment of interest using the calculator/s on this site. Prepare a VAT-free invoice for the late payment interest component or simply add it to an up-to-date statement as part of your claim.

Good Luck and let us know how you get on.

Best Regards
John H
TermsandConditions.co.uk Ltd

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