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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47340
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We have had new fascias, soffits and guttering fitted but

Resolved Question:

We have had new fascias, soffits and guttering fitted but the company were unable to fit the gutter guard we wanted as it would not fit and we only found this out when they were installing it. As the sale was made as a whole we had no idea how much this element was but they agreed over the phone that this element would be removed from the final bill. After the installation they rang my husband and agreed that a leak we had from the gutter would be fixed but they would prefer payment first, which was fine. The following day an invoice was received from them with a new balance which we agreed between us was a good discount. When the company rang a day later to settle payment they asked for £500 more than was on the invoice. When questioned they said this new invoice we had received was 'system generated' and should not have been sent to us. We are now arguing over what we owe as they are insisting that we owe them more. Where do we stand?
Submitted: 9 months ago.
Category: Law
Expert:  Ben Jones replied 9 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 9 months ago.

How long ago did you have this installed?

Customer: replied 9 months ago.
2 weeks ago
Expert:  Ben Jones replied 9 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.

Expert:  Ben Jones replied 9 months ago.

Many thanks for your patience. Just because an invoice was issued does not automatically make it legally binding. That could happen but it would depend on the circumstances. One may argue that an invoice is the ‘offer’ part of a contract, which if accepted by you and paid up it would form a legally binding contract. However, errors do happen and a party should not be allowed to take advantage of a genuine error by the other if it is clear that this was the case. So even if an invoice was issued to you with a certain amount, if this was clearly done in error, they would be allowed to correct it, especially as the error was spotted so soon after. This would depend on what work was being carried out, what parts of it were not supplied and so on. In the end you would need to check what the cost of all of this were and come to a figure which you can use as a yardstick in what they should have charged for their services. If it is clear that this was much closer to the new amount than the old one then there is a clear argument that the initial amount they invoiced was wrong and that if it was a genuine error they should be allowed to amend it. Of course that does not prevent you from continuing to negotiate with them to try and reach a more amicable deal.

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