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Ben Jones
Ben Jones, UK Lawyer
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I am disputing a final invoice as a limited company provided

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I am disputing a final invoice as a limited company for service provided by another limited company, as they had not provide the service as stated in the agreement. Can I use the Consumer Act 2015? Or is there anything equivalent for business to business services?
Submitted: 6 months ago.
Category: Law
Expert:  Ben Jones replied 6 months 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 6 months ago.

How old is the invoice?

Customer: replied 6 months ago.
There are 2 payment to the invoice. I paid the 50% upfront however there were delays and complication during the service, and the final service delivered was not as stated in the agreement itself. The initial agreement was signed 15 March 2016, and the final invoice was received, 4 June 2015.
Customer: replied 6 months ago.
However the initial date of the invoice were dated in 15th March
Expert:  Ben Jones replied 6 months 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.

Customer: replied 6 months ago.
Thank you. ***** final service completed was 3rd June. Although the final outcome is considered complete, the process is much delayed and I have been attempting to a re-adjusted where they never reply until now that they are demanding the full final invoice.
Expert:  Ben Jones replied 6 months ago.

Many thanks for your patience. The Consumer Rights Act 2015 only applies to consumers, i.e. private individuals who are dealing with a business. This replaced the Sal of Goods Act, which is actually still in force for other matters and has potential protection for business to business contracts. Under the SGA more or less the same protection applies to B2B contracts as it does to consumer contracts, however that is on the condition that the SGA protection has not been limited under the contract between the businesses. So you need to check the contractual agreement you had with that business to see if it had disapplied the protection of the SGA. If it did, then you cannot rely on it, if it did not then you can still use the protection under it.

Even if the SGA application was limited under contract you still have protection under common law of contract. If the other side did not provide the services which you had agreed on, this would amount to a breach of contract. This s a common law remedy which does not depend on any legislation. However, under this remedy you cannot just claim compensation or cost reduction for delay unless you have suffered losses as a result. So for example if you lost business because of the delay or had incurred additional costs you could use breach of contract remedy to seek compensation for these but if you had not you would be unlikely to do so.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should you decide to take the matter further, 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

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45306
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 6 months ago.
Thank you for the detail and prompt reply. I shall go through the contract again and respond with more question if required.
Expert:  Ben Jones replied 6 months ago.

you are welcome and no problems

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