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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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I need some advice on some work that was carried out

Resolved Question:

Hello I need some advice on some work that was carried out by me by a markting company - I have paid them on an invoice for work that was later de-scoped the extra days of work 3 days total £1500. they are now attributing these 3 days to contingency yet this was never advised to me during the delivery of the work. For example they would have a delivery and attribute 1 day to it later now they are coming back to me and assigning extra the spare days to work and claiming they dont owe me anything.
Do you know where i stand legally on that?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Sorry, I'm not clear what you agreed originally?
Customer: replied 1 year ago.

The work for a marketing company. We had originally agreed a scope of work that was 10 days @ GBP 500 +VAT I paid that invoice upfront in good faith. I later de-scoped 3 days of work however they said they would keep this for contingency.

When they delivered the first draft of work for me it was way off the requirements that I had given them as a result they had to do some amendments, this was there fault as they had not delivered to the original spec and they had not collaborated with me at any point which I had asked them to do in order to avoid a scenario where they deliver something I don't want or like or does not fit the original brief.

As a result of the changes that I requested they used the extra 3 days contingency for additional amendments, however we had already factored in amendment time into each piece of work this was detailed in the invoice My point is they never advised me of this at the time as this would have a factor on any decision that is made as so later when I asked for the 3 days back as a rebate they have refused and said it has been used.

My point is that they owe me GBP 1500 they say they do not. I would like to know where I stand from a legal point of view. As I paid original invoice upfront, de-scoped work to save money and they have then re-allocated my funds without any authorisation from me, as they never advised to me at any point that the contingency was used until I came back to reclaim funds. I had requested calls along the process that never materialised so I only saw the work at the end of the process.

I dont know but for me this is a form of theft it was a fixed price piece of work items are de-scoped but they then use funds to cover their own mistakes.

Hope that helps to shed more light on the matter

Expert:  Jo C. replied 1 year ago.
When they asked you to do the extra work, did you tell them that there would be an extra charge?
Customer: replied 1 year ago.

Hi Jo,

I did not do the extra work they did I am the client they are the supplier of work. They are a marketing agency I am a start up.

I paid they do the work in the original invoice which included time for amendments which was factored in to each deliverable, I then de-scoped 3 days worth of deliverables. They never communicated or asked my permission to use the contingency, it was more amendments then they had anticipated due to the fact they strayed very far from my original brief.

When I have now requested funds back they have refused?

Expert:  Jo C. replied 1 year ago.
I'm really sorry but this doesn't make any sense. I'm sorry if I'm missing the point.
Can we try to summarise?
In short, they have charged an extra three days in excess of the agreed price?
Customer: replied 1 year ago.

No problem.

I am a start up I hired company X to do marketing for me this included branding, brochures, photoshoot, banners, leaflets etc.

They quoted me 10 days work to deliver scope of work the of delivering work includes modifications of drafts once the client (me) provides feedback after review. The work was invoices at GBP 500 a day + VAT Total Invoice = GBP 6000 based on the scope and requirements I gave them. I paid this to them upfront before any work had started.

After payment and still before the work started I de-scoped 3 days of work in order to save money as these items were nice to have, but not essential and a good practical use of funds,

They said rather than refund me they would use these 3 days as contingency if need be. I agreed.

They then delivered the first draft of a brochure that was way off brief. So there would be more time spent on modification then they had originally anticipated. As I mentioned previously I had asked them to share progress and draft with me to ensure we did not have to deal with the type of situation which they failed to do.

In the end when all the work was done I have come back some time later chasing up the contingency money that I believe was due. There had been some verbal discussion that we might use this for some later work as it materialised i decided not to use there services again.

They are now claiming I am not due any of the contingency money back this equal to GBP 1500 as they have used it to delivery the work (i.e it took more time than they anticipated however they never communicated this to me or seeked my permission.

Does this make sense?

Expert:  Jo C. replied 1 year ago.
What do you mean by de-scoped? That is where is becomes unclear.
Customer: replied 1 year ago.

The scope is the work I have asked to do so the deliverables when I de-scope some of these deliverables I then revise the work down so I remove it from the equation as a result they do not need to do the work or charge me for it.

For example it could be Create an Advertising Poster they would quote me a certain number of days for this work which I paid for upfront. When later it was decided I did not need or i would do this myself this I de-scoped the work.

So they were in agreement that I had 3 days of contingency, this contingency could have been put towards further items of work such as make a video...

Is this any clearer?

Expert:  Jo C. replied 1 year ago.
No, I'm really sorry.
Do you mean that you asked them not to do certain tasks?
Customer: replied 1 year ago.

Hi Jo,

Yes tasks I had originally paid for and then decided they were not required in order to save on money.

Can you google the terms scope and de-scope they are common business terms I paid on an invoice for work that was not delivered they assigned that money to other tasks.

Expert:  Jo C. replied 1 year ago.
I think I will see if somebody else is able to help with this as it probly is outside of my area
Customer: replied 1 year ago.
Relist: Incomplete answer.
She's does not understand business law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
You need to write and set out your losses and request a payment of the £1500 plus VAT within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: or by completing form N1 and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.

Thank you. Just one other question do you believe this to be a valid claim that would stand up in court?

Expert:  Ash replied 1 year ago.
Yes I think you have a claim.
Does that clarify?
Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
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