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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Ben, Thanks help with the employment case. Do you offer

Resolved Question:

Hi Ben,Thanks for your help with the employment case. Do you offer advise regarding a payment dispute between suppliers and customers or just employment law?Many ThanksRob
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hi Rob I should be able to help with that too, if you let me have the details please then I can say with certainty. Thanks

Customer: replied 1 year ago.
Hi Ben,We have a supplier who provided labour for a project in December last year. They submitted invoices for services, which was mainly the provision of shop fitting staff. The invoice was based on an approved timesheet that was signed by our onsite supervisor. We paid around 50-60k, but the balance payment of 12k we have held as they submitted invoices against which they have not timesheet and we have no record of work being carried out. The invoices in dispute are around 4k. We have withheld payment to them of the 12k until they issue us with credit notes for the 4k.Yesterday, we received a letter from their solicitors for the full 16k threatening legal action if we do not pay the full amount in 7 days.My intention is to let them go to small claims court, assume the judge would award the 12k as this is not in dispute, but hopefully agree with us, that as the work was not completed for the 4k, this would be not awarded. We would then pay the 12k and that would be the end of it?Is this the likely scenario, or are we at fault for not paying the outstanding 12k and this will work against us?This is a supplier we would not use again, so we are simply trying to find a simple outcome. To date, they have suggested that we pay the 12k and then talk about the 4k, which I see as just not being tidy.Many ThanksRob
Expert:  Ben Jones replied 1 year ago.

Thanks, ***** ***** clarify - you are happy to pay the £12k, but are disputing the £4k on top of that?

Customer: replied 1 year ago.
correct
Expert:  Ben Jones replied 1 year ago.

Ok I would not advise that you do as you have proposed. Just because there is a dispute over an additional amount, does not mean you can stop payment for other work which is not under dispute. They are still entitled to be paid for that. So it is bets if you pay them for the £12k because you have admitted that you owe them for that and not pay them for the remaining £4k. If they want to sue you for that because they believe you owe them, they can do so.

Also remember that the small claims court is limited to claims of £10k. So if they go and claim for the £12k or the £16k this will not go to the small claims court. You could then be hit with paying for their legal fees, which you obviously want to avoid.

S ay the £12k as that is undisputed and refuse to pay the £4k and if they want to challenge that, then let them do it and then you have only one issue to worry about.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

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Customer: replied 1 year ago.
Hi Ben, Thanks for the advise, while not an ideal scenario, I understand your points and will follow.Thanks Again,Rob
Expert:  Ben Jones replied 1 year ago.

No problem, all the best