Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
May I enquire as to the type of service the invoice relates to please?
Is the invoice made out to your limited company as opposed to you personally?
The services were repairs to plant i.e. generators and transformers. The invoice is made out to the company.
Thanks. From what you say you instructed the repairs as a director of the company? If so was a price agreed or just an estimate? From what you say you are dissatisfied with the work or question it has been carried out at all?
I did not instruct the repairs. I returned the equipment which was hired in working order. The supplier then stated they had to carry out certain repairs which I do not believe I am responsible for but they want to charge me for. Some of the work they allege they have carried out is also vastly overpriced and I could in fact purchase new at a lower cost.
Thanks - this equipment was on a lease agreement with the company? Do you happen to have a copy of your company's lease agreement to hand?
I don't have to hand but the signed contract stated that I was responsible for servicing but not repairs due to wear and tear. Can I return the invoice with a covering letter stating I do not agree and I do not have to post to my accounts till we have a meeting etc. Another point is that they are invoicing me over a year after the return of goods.
Thanks. Final question - were the machines damaged on return or was the work they refer to due to fair wear and tear?
I believe fair wear and tear.
Thanks. The direct answer to your question is that if you dispute an invoice then it need not be paid or entered into as a liability in company accounts as liability only occurs if 1) you accept the debt claimed or 2) in default of your accepting it the other party obtains a court order ordering the company to pay. If you reject the charges then a response to the company disputing the charges so far as you do dispute them and a request that they adduce specific evidence to justify the charges under the terms of your lease agreement.
In terms of whether the charges are justifiable or not you would need to turn to your lease agreement and familiarise yourself with the terms of the same so far as you may not already be familiar with them.
Thanks, XXXXX XXXXX respond to them within a specific time scale i.e. 7 days ?
Such agreements typically will either make you liable for maintenance or not. Normally you are always liable for damage. Here from what you say your company is liable for maintenance and accordingly providing you can demonstrate you carried out maintenance in accordance with manufacturers / hirers requirements under the terms of your agreement and that the machines were otherwise not damaged (for the hirer to prove damage if they allege the same) then you should not be found to be liable for charges of correcting wear and tear.
It is for the hirer to substantitiate any charges they wish to bring.
If you intend to dispute the invoice then ideally you would reply as soon as possible. Delay does not in itself imply you accept liability but it can be unhelpful generally and should be avoided unless unavoidable. If you need some time to put together your letter disputing the invoice consider an interim letter advising you dispute the same and you will revert to them within x days with a full response
Is there anything above I can clarify for you?
No thanks for your assistance.
A pleasure. If I can assist any further as the situation develops please do no hesitate to let me know.
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