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Old 27-12-2016, 12:01 AM   #16
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Initial reaction (with beer glasses on) is that if an invoice is incorrect it should not be paid.
You have invited them to resubmit a correct invoice & this has been ignored.
I have suppliers who sometimes invoice incorrectly. Initially I
take the soft approach & request a credit invoice. Eventually i stop payments & they get arsey. Then I submit the email trail & they go quiet for a few weeks & eventually submit the credit notes due ti enable the invoices to be cleared.
Be sure in your facts, offer a settlement, then if it goes to court, defend your corner.
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Old 27-12-2016, 12:17 AM   #17
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You state the original invoice was submitted 2 months ago , later you state the invoice was submitted less than a month ago. I would have thought it would have been better to have paid the undisputed amount. Not paying for administrative reasons seems rather weak to me. I would be concerned if the matter goes to court, a judge might see things differently from what you do.
As things stand, interest is now due on the undisputed amount.
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Old 27-12-2016, 12:40 AM   #18
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You state the original invoice was submitted 2 months ago , later you state the invoice was submitted less than a month ago.
The invoice was submitted two month ago with 30 days payment terms. So it is now one month overdue.

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I would have thought it would have been better to have paid the undisputed amount. Not paying for administrative reasons seems rather weak to me. I would be concerned if the matter goes to court, a judge might see things differently from what you do.
As things stand, interest is now due on the undisputed amount.
Paying part of an invoice is of course not impossible but we then need to make allowances in our books, and ensure we claim back only partial VAT, etc. I suggested to him that if he re-invoice the agreed amount then we will pay this invoice in full immediately, and he can then raise a second invoice for the disputed amount which we will discuss separately. The response was a refusal followed two weeks later by the Court papers.

As I said I don't think this is a simple matter of someone trying to find the best or quickest way of getting paid.
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Old 27-12-2016, 01:09 AM   #19
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How much is the total value of the claim? Or the difference?

It is not an issue to pay what you owe as part payment against that invoice. Send a written offer detailing exact terms & conditions of the offer, explain you need a credit note for the balance. Also explain in writing your opposition to the invoice and why the amount is incorrect.

Once this has been done put a realistic timeframe on the offer and let them take you to court if they don't agree. It will cost them more time and money to carry on pursuing. Unless the debt or difference is a big number only a stupid person or an idiot would pursue that debt. Be careful though and know the person pursuing the debt...I have been that stupid person or idiot pursuing a debt earlier this year! Wasn't so stupid after we won & was paid but I couldn't justify my time that I put into it. It was good fun & an experience to learn something new though.
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Old 27-12-2016, 01:38 AM   #20
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... after we won & was paid but I couldn't justify my time that I put into it...
This is the real issue for us...
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Old 27-12-2016, 03:36 AM   #21
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I can't help with the legalities for obvious reasons but what I will say is if you decide to get a Lawyer involved get the very best you can, same with tradesmen, absolutely no point in engaging a professional unless they are at the top of their game.

And, FWIW I get the feeling quite strongly there is an element of vindictiveness in the way they are proceeding.

Almost all international projects I have been on do not recognise emails in contractual matters. When push comes to shove the letter is the communication instrument.
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Old 27-12-2016, 08:13 AM   #22
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In UK law emails can be used as evidence but in the same way as any documentary evidence is they can be subject to scrutiny
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Old 27-12-2016, 10:50 AM   #23
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This is the real issue for us...
Ive been down this road too many times as a claimant and believe me the law always seems to be on your side. I dont mean to be rude to you, im just saying that ive had my facts right many times and only won twice. If you have your facts right and you know you dont own him the amount he is claiming then stick to your guns and dont be bullied. First off do not panic, these things take far longer than you think and you both have an offer to settle this outside of court via a mediation service offered by the court itself during the process. Secondly you can strike off his claim if you can prove its incorrect. ANY documents are legal, so emails count as do quotes on the back of a fag packet if its been written by him. Thirdly, as already pointed out, the debt amount is important. Its cost him an amount to bring this action and that amount is depentant on the size of the claim so you need to take that into concideration as to how determined he is. Fourth is the interest, ignor this part because even if the bebt is up to 10k (anything over this and he cant use this route) then one months interest isnt even worth my discussing yet. Fifth, the court is a room with a "judge" him and you in it, no other person or audiance. Sixth and most important if it does get to that room is do not ignor time scales of reply. Its an online service which counts down, he cant move this any quicker forward than the service allows. As a claimant i have lost thousands and all because the defendant has either gone bust between my claim and it coming to court or the court cant find the defendant after ive been awarded judgement. Ignore the comment about the bailiffs are coming, that programme is a biggest load of tosh Ive used there services and if the defendant isnt in on two occasions then it gets returned to the claimant to deal with. If you really do owe him 80% of the debt and want to pay no more, then pay him. Believe me it will work greatly in your favour and turn the claim on its head
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Last edited by addbuyer; 27-12-2016 at 10:53 AM.
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Old 27-12-2016, 10:57 AM   #24
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If you do get to the point of attending court to defend, ensure you let the court and claimant know you will be asking for all expenses to attend to be paid. We normally ensure these expenses outweigh the claim. Unless he's daft as a soup sandwich he should have picked a court local to your home/business address.
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Old 27-12-2016, 11:00 AM   #25
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If you were owed 1,000:

the annual interest would be 80 (1000 x 0.08 = 80)
you’d divide 80 by 365 to get the daily interest: about 22p a day (80 / 365 = 0.22)
after 50 days this would be 11 (50 x 0.22 = 11)
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Old 27-12-2016, 11:03 AM   #26
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If you do get to the point of attending court to defend, ensure you let the court and claimant know you will be asking for all expenses to attend to be paid. We normally ensure these expenses outweigh the claim. Unless he's daft as a soup sandwich he should have picked a court local to your home/business address.
You can only claim travel expense and you have to produce the receipt. This is added to your claim at the time of the award ie when the circuit judge is making his ruling
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Old 27-12-2016, 03:18 PM   #27
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I don't understand why you are withholding the undisputed 80%, to my eyes it makes you appear vexatious.

Claiming its too much admin is a cop out.

You admit to owing 80%, so pay it. Then argue about the 20% and you will find he won't bother chasing it.
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Old 27-12-2016, 04:01 PM   #28
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I do remember attending court for a debt owed to me of 1,700 when only me and the judge turned up, in my ignorance I was unaware that I could have asked for it to be dealt with in his absence, and I would have been awarded my claim, of course the judge didn't mention this to me, maybe he wasn't allowed. The case was adjourned, and some weeks later I got my money. On another occasion the judge awarded in my favour, and told the defendant to get his cheque book out and pay me there and then, which he did, much to his annoyance.
It always seemed to me, that those that you may have assumed to be the better off, were the most difficult when it came to the final invoice.
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Old 27-12-2016, 04:05 PM   #29
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vexatious.
I'd never heard that word before, you learn something new every day.
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Old 27-12-2016, 04:52 PM   #30
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Spx,

Don't you know any women?
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