Received bill - over 5 yrs late

L

Luternau

Registered User
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1,193
My question is - is there a time limit on issuing invoices?
I have just received an invoice from my solicitor relating to the conveyance of an investment property over 5yrs ago (the amount refers to stamp duty paid on my behalf). I knew the amount of duty paid and assumed it had been taken from the funds released to the solicitor by my bank. I have not got his previous incoice to veryify what I paid at the time.
After a certain time its very hard to verify matters like this-is there a statue of limitation or such like on invoicing? Does the fact that this invoice refers to a tax have any relevance -taxes due to revenue remain due-in all case? As revenue are paid -is it just an amount of money due between 2 parties?
Not sure if this is in correct sections-please move as required.
 
AFAIK a supplier / service provider has six years within which to raise an invoice to a customer.
 
Thanks for reply. 6 years seems like a long time to be able to issue invoice. Would be interested in hearing more views on this.
 
I think six years is the period of time all right. The fact that you have lost the invoice won't do you any favours especially if your other matter (in another post) comes back looking for papers and you might require the help of the solicitor. As well as that in the case you end up being sued by a legal firm won't do your credit rating any good.
 
how near the 6th year are you ?
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Does it matter? Are you suggesting running the clock down? OP owes the money - pay it unless he can prove he doesn't owe it.
 
If you don't acknowledge the invoice the clock keeps ticking.

It is very bad form to be carrying on business in this manner. A solicitor should invoice in a timely manner. I would be querying the matter and I certainly would not be settling for the full amount.
 
jhegarty said:
yes

the op came for advise on a finical matter , not moral advise....
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Where's the moral advice? OP got his answer - 6 years why don't we ALL leave it at that?

Yes we can argue that the solicitor shouldn't have left it 5 years blah blah blah, but it happened and as other posters have said the solicitor is within his rights.

Is paying ones debts a moral issue? Maybe I've missed something?

I'd view it from a more practical viewpoint - ultimately if the solictor is not satisfied he may choose to make life difficult for the OP.
 
ultimately if the solictor is not satisfied he may choose to make life difficult for the OP.
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Judging by his previous behaviour he does not seem that well organised.
 
Luternau said:
I knew the amount of duty paid and assumed it had been taken from the funds released to the solicitor by my bank.
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I always thought that banks would not let you borrow for stamp duty as it is not an asset to the property? If this was the case then the stamp duty would not have been included in the money released by the bank?
 
Thanks for all the posts-seems like a started a slightly fractious discussion. I am not looking for moral advice-just advice of a financial kind.
I always pay whats due -it comes as a shock to get a bill for a few k over 5yrs after the transaction (but not as much as 6yrs ). I cannot be certain that I have paid this or not-the sol does not seem to be keeping the best of records. I will definately be seeking to discuss this matter with the solicitor-this does not seem good practice to me.

Mercman-yes, this came to light in relation to the audit, but its not a matter of concern in that regard-I needed dates, and the solicitor provided the dates and then told me that the amount was never billed to me.

Originally Posted by sheshells
I always thought that banks would not let you borrow for stamp duty as it is not an asset to the property? If this was the case then the stamp duty would not have been included in the money released by the bank?
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This is not relevant to the question. Banks do what they do and in this case they gave me enough money to pay all remaining expenses. I had paid 10% deposit, so I was getting some of my own money back in the amount released at closing.
 
It is poor form on your solicitors part to wait this lenght of time, although he is within the statutory time period. I would certainly make an appointment and speak to him about this. He may make a gesture to keep your business with him.

Certainly ask for an account showing all receipts and payments by your solicitor in relation to this purchase which should give a breakdown of the money received from the bank and all payments from it first.
 
This is an amount owing for Tax paid on the ops behalf. Therefore a gesture would be hard to imagine. Everything is relative but the fees charged will determine if a gesture was forthcoming. e.g. was the OP charged 2.5% or 0.75 % for his conveyancing work ??
 
Your solicitor is extremely kind to have paid stamp duty for you, most would demand this up front. His accountancy skills are sadly lacking if he only noticed it hadn't been paid by you 5 years later. It's also strange that you didn't get a balancing statement at the time that would have alerted you to the fact that the stamp duty needed to be paid. You should go through your bank records to see what you paid to the solicitor and what mortgage amount you received to double check that you didn't pay it. Your solicior must have a record of what you paid as well which you can ask for.
 
Am I the only one who wonders why OP did not check his own figures?

Most of my clients know to the penny how much they are paying (a) for the property (b) for stamp duty and (c) for fees. They know whether they are paying from their own resources or borrowing and, if borrowing, how much they need to borrow.

If involved in property investment, they know that they should keep adequate records of their own finances to deal with any future Revenue investigations.

Now, equally, many of my clients treat me as a form of pet P.A. who, many years after dealing with me, still expect me to have better records of their finances than they do themselves.

Oh, and equally, would it be different if OP had discovered solicitor owed him money 5 years later?

mf
 

My Solicitor had my money up front to pay all expenses incurred-I have already said this. He had no need to pay this from his account. When he billed me -a printout of the stamping doc from revenue was included. At this stage I knew it was paid and thought he had paid it from my funds. That is a reasonable assumption to make.

At the time I was working overseas and unfortunately some of my docs have been mislaid in moving home-this balancing statement is one of them. These things happen-if I needed a duplicate for revenue or whatever I knew I could get this from my solicitor.

Apart from this, I am very good at keeping docs and records so please dont be on here saying I should have done this or that- my solicitor is the one that has caused this mess-not me. Neither can I influence how he orgainses his accounts or handles 3rd party funds.

My solicitor had enough money to pay this (from my funds-not his) and over 5yrs later he is telling me that he paid it with his own. It makes no sense to me that he could have done this-hence my post for advice.
 
"My solicitor had enough money to pay this (from my funds-not his) and over 5yrs later he is telling me that he paid it with his own. It makes no sense to me that he could have done this-hence my post for advice."

So did he refund you your money then? In which case, did you not then, ultimately, have in your account more money than you should have had? And if he did not refund the money then does he not still have it?

I'm lost.


mf
 
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