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Balance due 2.5years after sale????

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  • 10-07-2012 5:28pm
    #1
    Smurf666
    Registered Users Posts: 11 ✭


    Hi!

    My brother had custom made gates fitted to his house 2.5 years ago my a local tradesman paid cash in full at the time but has NO receipt.

    However he recently emigrated (but still own's the property at the moment) and has just received a text from the man who made the gates saying that there is still €250 outstanding? And if it's not paid he'll remove the gates from the property?

    Does anyone no if he can legally do this? Does he still have any claim 2.5 years after the initial sale of the gates?

    Thanks in advance! :)


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    #2
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    Yes, basically, if there is €250 outstanding.

    If your brother paid the total amount at the time, then the debt is discharged and the tradesman cannot turn around and ask for more, it's done.

    In addition, even if none of the debt has been paid, the tradesman has no right to remove the gates. If the tradesman were to remove the gates then he can be reported for trespassing, theft and destruction of property.


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    #3
    chris85
    Registered Users Posts: 4,502 ✭✭✭chris85


    Smurf666 wrote: »
    Hi!

    My brother had custom made gates fitted to his house 2.5 years ago my a local tradesman paid cash in full at the time but has NO receipt.

    However he recently emigrated (but still own's the property at the moment) and has just received a text from the man who made the gates saying that there is still €250 outstanding? And if it's not paid he'll remove the gates from the property?

    Does anyone no if he can legally do this? Does he still have any claim 2.5 years after the initial sale of the gates?

    Thanks in advance! :)

    If its owing its still valid. From a legal perspective it an be pursued up to 6 years which is the statute of limitations.

    As stated already, the tradesman cannot remove the gates. Call the guards if this is attempted.


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    #4
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    Lots of tradesmen who did work over the last few years are really feeling the pinch now that their work has just about dried up and some will be trying it on!

    http://www.boards.ie/vbulletin/showthread.php?threadid=2056695022

    I would ask for a detailed invoice as well as copies of all the VAT receipts for all money already paid and see if you hear any more about this.

    THe fact that this person has threatened to break the law by trespassing and stealing your property i would think they are just chancing their arm, a legitimate business would send a letter with a copy of invoices etc showing where you were undercharged or showing the payment that was due, normal business people don't send a text looking for money! That is the actions of someone looking for a few quid for the pub!


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    #5
    sandin
    Closed Accounts Posts: 1,594 ✭✭✭sandin


    seamus wrote: »
    Yes, basically, if there is €250 outstanding.

    No he can't unless he has a retention of tiltle clause on the invoice. By removing the gates he is trespassing and thieving.

    If the debt is genuine he either negotiates or he takes the homeower to court but he cannot damage or take away the gates.


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    #6
    Oryx
    Subscribers Posts: 19,425 ✭✭✭✭Oryx


    Professionals dont dispute bills by text, and they generally dont wait two and a half years to bring it up, either. I would tell him to communicate by letter or not at all. Dont entertain any more text messages from him, and as mentioned above, let him know he will likely be breaking the law if he takes the gates.

    Was your brother given a receipt but lost it, or never got one from this guy?


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    #7
    chris85
    Registered Users Posts: 4,502 ✭✭✭chris85


    sandin wrote: »
    No he can't unless he has a retention of tiltle clause on the invoice. By removing the gates he is trespassing and thieving.

    If the debt is genuine he either negotiates or he takes the homeower to court but he cannot damage or take away the gates.

    Did you read the full post of the post you quoted. It outlined this exactly.


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    #8
    Newaglish
    Registered Users Posts: 2,734 ✭✭✭Newaglish


    sandin wrote: »
    No he can't unless he has a retention of tiltle clause on the invoice.

    Even then the retention of title clause wouldn't be enforceable. The asset on the invoice (gates) would be considered to be a composite asset i.e. it has actually been consumed in the process of being installed and affixed to whatever fence/wall is on the property. Simpler examples would include tyres affixed to a car or paint applied to walls.

    To echo the advice to the OP,

    1) He can't remove the gates
    2) The amount is still owing (if it was valid to begin with)
    3) The tradesman would be entitled to take your brother to court and get a judgment against him for the amount owing


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