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JGM, Solicitor
Category: Law
Satisfied Customers: 10105
Experience:  30 years as a practising solicitor.
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can i receive an answer on scottish law

Customer Question

can i receive an answer on scottish law
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

You can't import a term into a contract after it has been entered into. By definition an invoice would be rendered after the contract has been entered into. Unless they have a specific contractual term at the time the contract was entered into which you have agreed to either expressly or by implication, then they can't do this.

That being the case they can only charge interest and costs under the late payment legislation. See

Happy to discuss further.

Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

the terms were always on the invoices and we have paid mostly on time

but now we have not what I am asking are these terms which are obviously not reasonable enforceable under scottish law

even eec is only 8% per an not 3.5 % per working day

we have a total work debt of 1500 and they are charging interest on interest of an additional 5000 over 300% increase

Customer: replied 3 years ago.

they are taking there invoice to a scottish solicitor

will these terms stated on the invoice under scottish law be enforceable or will they be reduced as

Expert:  JGM replied 3 years ago.
This is a commercial matter not a consumer matter.

Commercial concerns can contract in any way they see fit; it is open to them to enter into a contract with unreasonable terms. That is why the only relevant issue is whether these terms have contractual force or not.

The answer to your specific question is that, yes, these terms are enforceable if you agreed to them. If you didn't agree to them then the terms are not enforceable.

Happy to discuss further.

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