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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48188
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A supplier of goods has invoiced me incorrectly as they got

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A supplier of goods has invoiced me incorrectly as they got the order wrong, they issued an invoice for double the cost and advised me to pay in full and they would then give me a credit. I refused to do this as i do not use this supplier on a regular basis. I requested they issue me with a invoice for the correct amount but they have continued to send me statements for the total amount with a payment of half the cost credited but no actual invoice identifiying the exact cost of the goods purchased. They have sent the debt to a recovery company whom have now added fees. What is my legal position regarding this, I am willing to pay this (not costs) but i have not been provided with a valid invoice. Please advise
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

How long ago did you purchase the goods?

Customer: replied 1 year ago.
just over a year ago and every month or so we just recieve a statement which we contact the supplier and they say yes will do then the same statement comes out
Expert:  Ben Jones replied 1 year ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. In a business to business transaction if both parties are registered for VAT, the party supplying the goods/service is legally required to issue an invoice. The contents of the invoice are detailed here:

https://www.gov.uk/invoicing-and-taking-payment-from-customers/invoices-what-they-must-include

As you can see the amount owed is one of the requirements so if they have not provided you with the correct amount owed you can argue that no satisfactory invoice has been issued and as such you would not pay until you have the correct invoice issues to you and it satisfies the legal criteria.

If there is no legal requirement for an invoice to have been issued (i.e. you are not both registered for VAT), then you cannot argue that no legally valid invoice has been issued because that would not be a legal requirement. You would then have an obligation to pay the amount that had been agreed between you, once a demand has been made, or on the pre-agreed payment date. The fact that an incorrect invoice was issued would not be a major issue because you both know how much is actually owed and you are due to pay that.

This is your basic legal position. I have more detailed advice for you in terms of the next steps you should follow, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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