2006 debt being chased-threat to remove windows from house

[oswestryg]

In Dec 2006 I had 2 windows replaced in a house I was renovating and now live in; we wished for the other windows in the house to be replaced but although we chased and telephoned the company on numerous occasions I never received a bill or any communication from the company in question. So in April 2007 I appointed a new window company.

In January 2015 I received a letter, address incorrectly, name and house, from the original window company saying they had missed place the invoice and were now asking for the payment for the 2 windows they fitted in 2006, a sum of around £670, saying if I did not pay in 7 days I would be taken to county court.

I replied, using a template saying I did not acknowledge the debt and it was statute barred etc.

I have just received another letter saying that as I do not acknowledge the debt they now plan to arrange a visit to remove the windows in the next 14 days, and claim that this is part of their "condition of sale", a photocopied copy of which is enclosed with the letter. the threat of county court is no longer mentioned in the letter.

Questions

• Was I in my right to say the debt was statute barred? I had no communication written or verbal with them for 7 years +, between Dec 2006 and now.

• I never received an invoice or signed an agreement showing the “conditions of sale” or where informed where i could read these so can they be enforced?
  • If so can the company remove my windows?
  
  

• Can they enter or threaten to enter my property to remove the windows legally? I have children and am often away for long periods with work.

Thanks in advance

[nemesis45]

Re: 2006 debt being chased-threat to remove windows from house

Hi welcome,
Yes you are correct Statute Barred in England & Wales = No payments or unequivocal written acknowledgment of the debt in 6 clear years.

No relevant claim from the " creditor " in the same period (A relevant claim is the issue of court proceedings so they are out of time on starting any court claim.

Try this to their Managing Director.
Dear Sir,

I refer to your recent communication regarding your claim that you intended to issue court proceedings against me for the sum of £ xxx. xx for the supply and fitting of 2 windows in 2006.

I direct you to Section 5 of The Limitations Act 1980 which states that No action shall be started once 6 years have elapsed since the cause of action.
I accept no responsibility for you companies incompetent administration, failing to process this matter for 7 years.

I now address your open threat to attend my property " to remove" said windows, you should note that any such action will be robustly opposed and action up to but not limited the involvement of the police.

Send that by signed for post.

Are you in a neighbourhood with properties close by where friends and /or neighbours could look out for such activity?
Take the letter to you local police station and ask them to record the threat of entry on to your property and also mention that young children are at the property.
You suspect that any attempt to remove the windows will result in damage to your property.

Police may try to state that it's a civil matter but insist that the potential threat of damage and the affect this will have on your family leaves the family alarmed and distressed.




If they have an incorrect address jus how far wrong is it, e.g., wrong Road Name, House No. Post Code? Sound as if they are totally incompetent!!

nem