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  • FIRST POST
    • Buttons17
    • By Buttons17 2nd Oct 17, 1:54 AM
    • 2Posts
    • 0Thanks
    Buttons17
    Error in Invoicing for Service - What do I do ?!? :-)
    • #1
    • 2nd Oct 17, 1:54 AM
    Error in Invoicing for Service - What do I do ?!? :-) 2nd Oct 17 at 1:54 AM
    Hello, my first time posting here ...

    Grateful for any advice or thought of the obvious things I may have missed. Apologies in advance as this a bit long winded.

    I have received a daily service from a company for 9 mths, with a daily rate agreed, and billing every 30 days - ie the same amount paid every 30 days. I used this service for 9 mths, paying every Invoice on time and in good faith. I stopped using the service at the end of August, all Invoices paid.

    I have received an email from the company requesting to pay an additional amount on an Invoice from January 2017. The email states 'there is a small unpaid portion' due too incorrect dates on the invoice and would I be kind enough to make up the balance.

    They have sent me a summary of amounts Invoiced and payments received with a discrepancy in their balance of 3 days. They have also included all their Invoices however, many of them are not the ones I actually received and paid from, they do however cover the correct time period.

    The invoice in question, was one I received and stated it was for 30 days x daily rate = expected amount, however in the Invoice description the dates stated were for 32 days and not 30. This is where they say I owe 3 days. I say it is for 2 days.

    This discrepancy in date was followed through for all the remaining Invoices, so my logic says I have had a service for 2 days that I haven't paid for and need too rectify.

    The confusing part of all of this ... they say I owe for 3 days, which I disagree with for the reasons stated above. (I believe I have evidence to prove why.) However, I have found a discrepancy which I believe explains their 3 day request. It is related to a different payment made due to a holiday break I had - i.e. no service required. I gave notice for the dates I would by away - 15/6 - 27/6/17 and it coincided that my previous 30 day period ended on the 14th June. I received a Deposit Request - note not an Invoice - for this 30 day period and paid, however I was still using their service on the day I left - the 15th June - and verbally spoke to the person sending the Invoices/Deposit Request about needing to pay for the extra day. The response was we know and its okay, Have it on us.
    This member of staff no longer is employed there.

    My question in all of this is do I highlight this to the company, as the Invoice they have sent me to show my holiday break in June is not the original Deposit Request I received and paid for. It spans a different time frame and includes the 15th June.
    I assume its my word against there former employee's!

    I have read that legally you can be invoiced for up too 6 years, so the time delay is acceptable to me.
    I have also read of a phrase 'Errors and Omissions Accepted' used by companies too ease legal liability when errors occur. My Invoice (and all the others received) doesn't have this phrase on.

    The amount in question is £1K+ which isn't a small amount of money to me at all!

    Thank you in advance.
Page 1
    • maisie cat
    • By maisie cat 2nd Oct 17, 10:12 AM
    • 278 Posts
    • 310 Thanks
    maisie cat
    • #2
    • 2nd Oct 17, 10:12 AM
    • #2
    • 2nd Oct 17, 10:12 AM
    They can come back to you if they provided a service and didn't invoice you for it. I'm assuming that you have a contract that defines the daily rate and what constitutes a chargeable day. You mention the break, is it chargeable or not? I know childminders charge when you don't need them due to holidays, other services may be the same. The employee who agreed a freeby might not be authorised to do so.
    It does sound like their employee made a mess of the invoices, I once went to a public sector organisation that had forgotten to invoice a number of partners for 5 years.
    • arcon5
    • By arcon5 2nd Oct 17, 10:33 AM
    • 13,196 Posts
    • 8,367 Thanks
    arcon5
    • #3
    • 2nd Oct 17, 10:33 AM
    • #3
    • 2nd Oct 17, 10:33 AM
    Where's the dilemma?
    Calculate how many days you used over the last however months, times by daily rate, less total amounts paid. Then pay that
    • bris
    • By bris 2nd Oct 17, 10:58 AM
    • 7,096 Posts
    • 6,111 Thanks
    bris
    • #4
    • 2nd Oct 17, 10:58 AM
    • #4
    • 2nd Oct 17, 10:58 AM
    Three days is over 1k? You used a service for 9 months at around £335 per day which is around the £95000 mark and you say 1k is a lot of money to you. It seems like an insignificant amount in the grand scheme of things.


    You need to check the contract, as already stated unused days can still be payable.
    • eddddy
    • By eddddy 2nd Oct 17, 11:29 AM
    • 5,549 Posts
    • 5,230 Thanks
    eddddy
    • #5
    • 2nd Oct 17, 11:29 AM
    • #5
    • 2nd Oct 17, 11:29 AM
    I guess it boils don to this:
    • They have reviewed the contract and the services they provided you with, and they believe that you have underpaid by '3 days worth'.
    • You have reviewed the contract and the services they provided you with, and you believe that you have underpaid by '2 days worth'

    So discuss it with them.

    If ultimately, you cannot agree - I guess you just pay them for '2 days worth'.

    If they feel strongly enough, they might claim the remaining '1 days worth' through the small claims court.

    In that case, the court would look at the contract, and read each party's statement of what services were delivered etc, and decide whether that '1 day's worth' must be paid.
    • Buttons17
    • By Buttons17 2nd Oct 17, 12:15 PM
    • 2 Posts
    • 0 Thanks
    Buttons17
    • #6
    • 2nd Oct 17, 12:15 PM
    • #6
    • 2nd Oct 17, 12:15 PM
    Thank you all for you replies, they've really helped to clarify things for me.

    There is an email exchange which states the daily rate and I presume is deemed a contract. Holidays were never mentioned but I was told I would need to pay or leave their service. After several discussions they wavered this at their discretion this.

    I will discuss with them the third day however as suggested I have calculated what i've paid overall and and the amount of days I was using their service. The third day is the issue and I don't feel strongly enough so will pay it.

    It is a lot of money too me and an emotive subject as to why I had to use this service and how I managed to get the money to fund it.
    Many thanks for taking the time to read my post.
    Last edited by Buttons17; 02-10-2017 at 12:24 PM.
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