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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69364
Experience:  Over 5 years in practice
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We have a customer who has paid on four occasions for separate

Customer Question

We have a customer who has paid on four occasions for separate adverts within an online business directory, now the customer is stating that they thought that they had only agreed to one advert, and that was for a magazine.

The customer was invoiced on separate occasions and each invoice that was received had a different reference number and was dated the day it was sent (all sent on different days).

Each invoice clearly states the URL of the website they have advertised on. Upon receipt of each invoice they then then passed each invoice through to their accounts department which was then promptly paid by BACS.

It would seem that they are now taking the line that they did not agree to what they have paid for and may take legal action. I think they are after a refund or part refund, is it possible for them to claim back their money, given the fact each invoice clearly states what they are paying for?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Was each advert booked at the same time?
Customer: replied 3 years ago.

yes

Expert:  Jo C. replied 3 years ago.
Was that a verbal booking?
Customer: replied 3 years ago.
Yes nothing signed or recorded, the customer at no point questioned any invoice at the time, they passed it through to accounts for payment. So not only has the customer ( whom is the head of an organisation ) received the invoices they have then sent them through for payment via a secondary department (accounts).
Expert:  Jo C. replied 3 years ago.
They could try to argue that the payment was an error. I realise it would be their error but that is no defence.

You could defend any claim against on the basis that they did book a more prolonged advertising campaign and use the documentation to support it.

Whether you would succeed or not is another matter though. It would really come down to which argument the judge prefers.

I'm sorry that I can't give you any guarantees but I have to give you truthful information.
Jo C., Barrister
Category: Law
Satisfied Customers: 69364
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.
I'm sorry I answered your previous question wrong. The adverts were all booked on separate occasions and paid for on separate occasions. Do they really have any grounds upon which to claim back the money?
Expert:  Jo C. replied 3 years ago.
Do you have evidence of the booking?

Delighted to continue with this but please rate my answer.
Customer: replied 3 years ago.

Unfortunately not, we take our clients word as their intention to advertise, they receive the invoice, if there is no questions or objections they pay, then their advertisement is listed.


 


If they do take us to court what is the likelihood of them gaining judgement, and what is the likely timescale involved for litigation?


 

Expert:  Jo C. replied 3 years ago.
Yes, he could try to take you to court. Sometimes people do try on weak evidence. You can still rely upon your evidence to contest it.

It will really come down to who the judge believes if it does get that far.

Any judgment would be months away.

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