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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70179
Experience:  Over 5 years in practice
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I have an unpaid invoice dating back from July 2013. I

Resolved Question:

Hi, I have an unpaid invoice dating back from July 2013. I have been in touch with the company since March last year and they have finally said because I can't prove I submitted the invoice within 12 months they will not pay it.
Do I have any way of recovering this debt?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Does your contract say that you have to submit within 12 months?
Customer: replied 1 year ago.
Yes it does, the strange thing is I submitted 4 invoices on the same date, 3 were paid and the 4th had an error on it (wrong total amount). It was only when my accountant spotted the incorrect total amount I contacted Anglian Water and they advised me to re-submit the invoice.
Expert:  Jo C. replied 1 year ago.
Does it say what the consequence of not submitting in time is?
Customer: replied 1 year ago.
Yes - 6.2/6.3 states Anglian Water has no liability to pay for the goods /service supplied unless the supplier shall invoice AW within 12 months.
Expert:  Jo C. replied 1 year ago.
OK. The legal starting point is that they are liable to pay for work done. The only limitation upon it is that you must sue within six years.they could try to rely on that term in the contract to argue they are not liable to pay unless you can prove that you did submit an invoice.To counteract that you could argue that UCTA would void such a term as an unfair one. It does seem rather draconian. Can I clarify anything for you?Jo
Customer: replied 1 year ago.
No, that's great thank you. I'll contact a local solicitor as it seems like the only option is to sue which I didn't want to do but the invoice is for £16,000 which is quite a sum.Thank you
Expert:  Jo C. replied 1 year ago.
Yes, and it exceeds the small claims court arena as well.I think a Judge is going to be slow to order this isn't due just because you didn't submit in 12 months.
Customer: replied 1 year ago.
Thank you, ***** ***** one more thing what is UCTA?
Expert:  Jo C. replied 1 year ago.
Unfair Terms and contracts act
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