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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have received an invoice from an individual, which he has

Resolved Question:

I have received an invoice from an individual, which he has put through his company, and charging VAT. I have disputed the invoice on the following grounds:
The individual sent me a personal email, stating the he was going to start charging me £30+vat per day, for access and use of his private land. This was 1 days notice!
I responded and said it was very short notice(taking into account he had allowed us to use the land for the previous 18 weeks with no charge), and as such, I wanted a grace period of a week, at £15 inclusive, so I could discuss the matter with him. I spoke to him 3 days later, and said that all future costs would be the responsibility of my client, as it was on their behalf I was using it. I re-iterated that to him and the client via email a week later. He has sent me an invoice for a week at £15+vat, and a week at £30+vat.
I have told him I would pay £75, which was for five days at £15 inclusive, and nothing else, due to the above, and that his original email was not from his Ltd business, but his private email address, and should not be from his company now, charging VAT.
He has responded giving me five days to pay in full, or he will further action.
What are my rights and options please.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Was there ever any written agreement between you and the owner?
Customer: replied 1 year ago.
Please see below the original threads. I then spoke with him on the Wednesday, and told him that any future costs after the from then on would be my clients responsibility, and discussions would need to take place with them.Morning JohnThank you for the email.Reading through your email, I can appreciate your view on the protracted use of your land, for the access, storage of materials, and storage/removal of the spoils.
I also understand your desire to protect your investment from deterioration caused by continued use, and your desire to charge for storage of materials.
I would like to thank you greatly for the help and assistance you have provided in the time that Alpha Oak has been working on Lyonesse Cottage. It has been some very valued help.The general terms of your proposed contract for future use, I can see no issue with either, and wilfully accept them, bar one point.
It is customary in business to offer your quotation, and Terms and Conditions of business to the potential client, in advance of business being agreed. This allows the potential client time to consider the terms, and discuss them if desired, or reject them wholly if they wish. You have not allowed me any time in which to digest the terms, or indeed discuss them with you, whilst we still have materials on your land.
I would respectfully ***** ***** a period of ‘grace’, in which I can consider the impact of the proposed terms on my business, and decide whether it would continue to be of any future benefit, to enter into the contract with you. I submit this week as the period.
I am unable to make site this morning, so I suggest that I inform you when I am on site, and we can meet to discuss further. In the meantime, I will ask Matthew to ensure we clear as much as possible any stored material (on Sue and Chris’s behalf), and restrict the use of access via your land. By way of thanks, ***** ***** period of ‘grace’, I am happy to agree to a fixed price of £15 (inclusive) per day, that we continue to hold material on your land.I hope that you find my proposal acceptable, and I look forward to discussing your terms in full soon.Kind regardsMartinwww.alphaoak.co.ukThis message (including any attachments) is confidential and may be legally privileged. If you are not the intended recipient, you should not disclose, copy or use any part of it - please delete all copies immediately and notify***@******.***.
AlphaOak Framing. 89 Paygrove Lane, Longlevens, Gloucester. GL2 0BQ.From: John Godding [mailto***@******.***]
Sent: 15 November 2015 11:54
To: ***** *****
Cc: Sue Condie ; Chris Gardner
Subject: The CloseHi Martin,Your company has now been working on the Lyonnesse project for some nineteen weeks. Initially you advised that the use of my land would be for four to five weeks, obviously that has now run to nineteen weeks during which I have continued to grant permission for the land use and access for all the associated activities, storage of excavated spoil, access for onward self loading haulage to export spoil, storage of building materials including the loan of items to the extent of a yard brush!To date this has all been done in a neighbourly manner to minimise the impact of the works to local residents and help safely expedite the works to hopefully reduce the overall timescale. I can foresee that the project has a considerable time to run, some of which you will continue to want the same access and storage use of my land.I suggest that your company has made substantial savings to the expended man hours to date as a direct result of the use of my land and access over the past nineteen weeks. You will no doubt have seen this when expended man hours are measured against your estimated direct labour forecast.Therefore to cover wear and tare to the access, final reinstatement and general inconvenience incurred I propose that a charge of £30.00 plus VAT per day is paid for the continued use whilst your company completes the project. Alpha Oak will provide all necessary and adequate insurance(s) to my satisfaction for the remaining duration of use of the land and access. If you are in agreement and would like to continue, I further propose to implement this arrangement from Monday 16th November 2015, payment of invoices can be discussed should you agree to take up this offer.I will be at The Close Monday morning should you wish to discuss matters further.RegardsJohn
Expert:  Ash replied 1 year ago.
There is no agreement, there is nothing which you have agreed £30 per day. So you dont have to pay anything, but should be warned if they intend to take possession. They should give you a reasonable time to vacate such as a month.
But unless anything has been agreed, you dont have to pay anything.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for your help.
I can now reply to him, and tell him dispute his invoice, and that my original offer of £75 inclusive stands, and will not change. I shall state that we have no agreement for a continued contract beyond the grace period of a week, and nothing for £30+vat a day too.
The land still stores materials, but they were paid for directly by my client, and as such belong to them.
I have a cement mixer on there as of today, which he has moved there himself, informing me via email. I will collect that.Regards

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