I am sorry if I have not been clear.
I am happy to pay any funds back that are owed subject to the client providing clear evidence of this alleged overpayment.
I believe that their poor accounting system and project management has caused this and as I have now experienced my own costs of £3.5k, am I within my rights to remove these from the£ 10k plus vat amount? Or, do I need to counter claim ?
If they are at fault,is it fair for the client to pay his own surveyor and legal costs?
Is their 8% interest that the client is charging fair and reasonable? It seems much higher than the Bank of England base rate or can others troubles permitted to be turned in to money making opportunities above and beyond the sums involved?
In short, I have not been able to control any of the project finances as I was not Project Manager and it appears that the Client paid subbies incorrectly without my prior agreement, we are now in this situation. i believe their errors may have caused me considerable additional costs that I am not willing to pay.
I would however be happy to pay had I been able to affect any of the payment procedure and I was at fault.
Hope that helps,
you mention the doctrine of law that i should not repay an overpayment had I not known genuinely of it happening. This is precisely what happened.
I can prove this by the fact that I have not in fact paid the 2 subbies that have resulted in the overpayment. They were paid by the client. The PM did not allow for this double payment and reflect it correctly in his final account.
I have had to chase both sub contract parties even to gain copies of the invoices.
One of the sub contractors even refused to provide invoice copies to me as it believed the invoices were confidential and that they considered that their contract was not with me but held with the project manager!
May I ask what you mean by " the overpayment has changed my position"?
Your help is proving to hold considerable value to me and is appreciated.
thanks for getting back to me.
I have always allowed for paying back the £ 10 k plus but not without actual proof of this being provided to me.
I am not in a position to pay back any clients who simply demand it without evidence.
Am I within my rights to ask for proof of receipts and invoices that amount to the £10k so as to create a full audit trail?
This after all would be asked of me should HMRC wish to make even a standard or more in depth Tax or VAT inspection. They will want to see the day in the life of any purchase or sale, particulary a large one!
I wish to prove to the client that (once they have shown me the paper evidence), that yes, they may have been inefficient in their procedures and as such I am not obliged to pay their costs with interest and that they will have to pay my professional accountancy costs of £714. Is that reasonable? I would have been £ 714 better off had the clients not been inefficient.