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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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i am a small cheese manufacturer, and buy milk from 3 farmers

Resolved Question:

i am a small cheese manufacturer, and buy milk from 3 farmers directly. i pay cash on collection to 2 of these 3 farmers, the 3rd one gives me 1 week credit(cash payment again). i have never taken a receipt from any of them. One of the farmers has sent me a statement showing £18000.00 outstanding. this totals to all the milk i have ever taken from him. how can i challenge this. i dont have a proof of payment. his statement mentions 'Ship-to CASH SALES'. what should i do ?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

If you ran a business isn't it a legal requirement to account for monies going out please?

Ash and 3 other Law Specialists are ready to help you
Customer: replied 3 years ago.
my accounts show that i have made cash payments
Expert:  Ash replied 3 years ago.
Ok - did you ever get a receipt?

Customer: replied 3 years ago.
no.
Expert:  Ash replied 3 years ago.
Have you asked him why he is saying this when you have paid cash?

Customer: replied 3 years ago.
its a big farm with 100's of employees. they are saying that their accounts dont show a payment.
Expert:  Ash replied 3 years ago.
Do you have evidence at all, ie weekly cash withdraws, other people who have seen you made payment etc?

Customer: replied 3 years ago.
my sales are also in cash so have never had to withdraw. so no.
Expert:  Ash replied 3 years ago.
Any witnesses to payment? Do you always pay the same person or do the staff change?

Customer: replied 3 years ago.
either me or my van driver used to go to collect the milk. we used to pay the manager or the supervisor in her absence.
Expert:  Ash replied 3 years ago.
And do they deny you ever made payments?

Customer: replied 3 years ago.
we are 'non account customers' so we had to pay cash before collection.
Expert:  Ash replied 3 years ago.
Yes but you must have paid the same employees over and over. Have you asked them personally about this?

Customer: replied 3 years ago.
we stopped taking milk from them in november 13, and yesterday i have received the statement. i called the credit conrtol lady and she asked for proof of payment. we were never given anything, except for an emailed invoice after first payment(done by BACS) (as at that point they said that we must pay cash before collection).
Customer: replied 3 years ago.
bottom line is, I dont have a proof of payment. only thing thats in my favour is that the invoice and the statement class me as a non account customer and cash sale
Expert:  Ash replied 3 years ago.
Ok - then you need to explain that you have been collecting and always paid cash.

You need to say you paid an employee. Then surely if they dispute what you say they must have CCTV or indeed why would they keep supplying you.

You can dispute it - its for them to prove non payment, not for you to prove payment.

Can I clarify anything for you about this today please?

Alex

Customer: replied 3 years ago.
thanks, i'll come looking for you once I hear from them
Expert:  Ash replied 3 years ago.
Great. There is only 1 invoice so apart from that you can't owe any more!

Alex
Expert:  Ash replied 3 years ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.