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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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i have a company and i have recieved an invoice

Customer Question

hi i have a company and i have recieved an invoice for over a thosand pounds some 10 months after the material was deliverd,they are claiming that we only paid 50% of the original quote,of which i have not seen,the person who had set this contract up is no longer with the company to find out what the agreed costs were. do i have any righte to refuse payment,as they have said they will take me to the small claims court,

they have sent me another invoice for the exact amount as the 1st one.

do they require an agreed quotation for the works withe drawins showing costs for what is being supplied,they are a steel fabrication company and made steel posts for a contract we were working on.

Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask what kind of service or goods the company claims to have supplied please - you refer to material?Have they sent you any evidence of an agreement being entered into by your previous employee?
Customer: replied 2 years ago.

they are a steel fabrication company and they supplied steel posts for a contract we were carring out,

cant get ahold of the prevouios employee as he has left the country and can not find any agreement in place

Expert:  Joshua replied 2 years ago.
Thank you. Do you accept that they supplied the posts in question? If so do you contest the price they are seeking to charge or is it the lateness of their invoice that is the issue?
Customer: replied 2 years ago.

yes i accept that they supplied the posts,however as we did not have an account they wanted paid on delivery of the goods of which we paid then some 10 months later they claimed that they had only invoice me for 50% and apllied a second invoice for the exact amount as the original one, i have not seen an agreed quote signed by my previos employee and am just a bit warey

Expert:  Joshua replied 2 years ago.
Thank you for the clarification. Finally did you pay using a traceable method or alternatively if payment was made in cash do you have a receipt?Do you have a copy of the invoice that was paid? If so does it show that the invoice was for the supply of all the posts or does it refer to only being 50%?From your knowledge would posts of that kind typically cost in line with their original invoice or in line with double the amount (as they are seeking to charge)?Finally do you have access to any other order or other quote documentation for the posts?
Customer: replied 2 years ago.

yes this was the paid by cheque with,i have a copy of invoice and not sure if it states that this was a part payment,i have never had the need for this type of material since the works were carried out to know what the typical price would be for this type of supply.

not got access to any other docs relating to this order as it was all carried by my previous employee.

I s this somthing i shoud request from them

Expert:  Joshua replied 2 years ago.
Thank you. If the original invoice relates to the supply of the [number] of posts supplied and does not refer to the invoice being part charge - e.g. an invoice worded "To supply 10 five feet steel posts" - then this is prima facie evidence that this was the charge for the posts. Prima facie means that it is evidence sufficient to satisfy a court of that fact and places the burden of proof upon the company to prove that this was not the case and that it was agreed and understood that the posts would cost more than detailed in the invoice. The delay in raising the second invoice would be problematic for the company particularly if you can show the above. In terms Of how to proceed, you may consider checking the invoice you do have access to to see that it refers to supply of the posts that were supplied and details total without reference to the invoice being only 50% of the cost and this being the case, revert to the company advising that you are in receipt of their invoice dated [date] for the supply of the posts which invoice has been settled in full and your company has no further indebtedness to the company and you deny any further liability to the company. If they contend otherwise they will if you can show the above, need to produce comprehensive evidence that a igher price was agreed and evidence to show why a lower invoice was issued and why it has taken them 10 months to raise a further invoice. If yu can show the above, they will have some work to do in order to produce sufficient evidence to substantitate their claim. Can I help you with anything else or has the above answered your questions satisfactorily?
Customer: replied 2 years ago.

i have the second invoice that has been sent to me and it states

1.0000 RE: Turnberry Holiday Park

To supply and deliver to site for installation by others unit price 1,480 plus vat 296 invoice total £1776

1,000 This invoice is for the sencond half of the steel provided,

for the same amount

Would this br prima faci and is this also law in scotland,can you also email me you response to all mt querries to [email protected] ..co.uk

Expert:  Joshua replied 2 years ago.
Do you have the wording for the first invoice to hand as well?
Customer: replied 2 years ago.

not at the moment but can get a hold of it tomorrow

Expert:  Joshua replied 2 years ago.
Would it be helpful if we delay until you have that tomorrow? If you prefer to have a response now I can give it but I am thinking it may be more helpful if I can comment based on the original invoice as well so I can be that bit more precise? Would you like to come back to me in the morning when you have it hand?
Customer: replied 2 years ago.

yes that would be great i have never used this service how do i get back in touch,

Expert:  Joshua replied 2 years ago.
You should have received an email with a link to this thread. Also if you have signed up with your email address and a password ***** can access the thread from your customer homepage on the site. If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to so far. This will save the thread to your account and prevent it automatically closing. If for some reason you are unable to get back to this thread (though it should be very easy using either of the above approaches, you can contact me through the following link. There are no further charges to continue tomorrow or when is convenient. http://www.justanswer.co.uk/law/expert-joshua/
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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Customer: replied 2 years ago.
Hi
Sorry for not getting back earlier I have been waiting for response from my client regarding first invoice
The wording on first in voice is as follows
RE : Turnberry Holiday Park
1.0000 to supply and deliver to site for installation by others steel as discussed with ***** *****
UNIT PRICE. 1480.000
VAT. 296.00
Total. 1776.00
As disscussed there didn't seem to be a mention of part payment?
Expert:  Joshua replied 2 years ago.
Thank you. No problem re delay. It appears on the face of it that the invoice was for all of the supplied material. On the basis you have evidence of payment of that invoice it appears that you can reject liability for any further invoice. In order to overcome this the supplier would have to either show a) that there was a second contract of supply entered into after the supply of the material referred to in the 1st invoice and that your company agreed further charges for that supply or b) that your company knew that the initial invoice was only part payment and a further payment would be due in due course.The burden of proof is upon them to show this.
Customer: replied 2 years ago.
Should I reject paying the second invoice in your opinion and if so how should I reply
Expert:  Joshua replied 2 years ago.
Based on what you say above I consider you can reject liability on the above basis
Customer: replied 1 year ago.
On the same case as above
I am now in recirpt of a small claims court date
How should I respond
They have asked me to settle this in full

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