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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70199
Experience:  Over 5 years in practice
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My company built a bespoke kitchen for a shareholder (not a

Resolved Question:

My company built a bespoke kitchen for a shareholder (not a director) and his wife £50000 plus VAT. The work was finished in May 2013, subject to some very small snagging issues. Part payment was made on account £9600 personally. A further £30000 was paid from his other company.
In the course of trying sort the matter out we fell out and he refused to pay any more and is now claiming the £30000 was a loan to be repaid.
I had not issued an invoice in May 2013.
There has been no written or verbal dispute with the workmanship in evidence other than the snagging issues which we have offered to correct.
In order to crystallise the situation once we were in dispute I issued an invoice for the full amount in August 2013 but dated it May 2013 (when the works were substantially complete). My accountant included the invoice in the financial year to 31 May 2013 on the grounds that even if I hadn't issued and dated the invoice in May 2013 he would have had to account for the turnover, costs and profit as a 'finished job'.
My question is :
Whilst I am continuing to pursue payment, have I done anything illegal by predating the invoice and have I jeopardised my case against him in any way by doing this which might allow him to resist payment.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
No. It is just bad record keeping maybe. The only time it would be an issue would be if you had back dated it with the intention of suggesting that the defendants had delayed payment for that period of time. Even that isn't an offence. It is just bad faith so the court may lose faith in you.
If the only issue is that you sent the invoice out on a later date than the date upon it then that is a non issue. You have done the work. The money is due.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

If this goes to court could my conduct be discredited in any way in the eyes of the judge by predating the invoice.

Expert:  Jo C. replied 2 years ago.
Not unless there was any attempt to gain advantage in this.