Invoiced without order? Is this allowed?

arcon5

nry wrote: »

Threat of submission isn't illegal I agree however sending me a completed but unsubmitted print off from the MCO website is a touch more threatening in my opinion.

I know I left my card with them, if I could change one thing then it would be that - I'd have left a mobile number and had done with it, or even better say I'll ring them. They'd not have been able to send me anything without the card

Hindsight is a wonderful thing

nry_2

It most certainly is! I'm more annoyed than anything else, I went in and had a good friendly chat in good faith with the two fabricators. The MD then gets involved and it becomes a hassle. They even said on the phone at one point that their approach to customers sometimes is too friendly but that I was naive to think a company would do any work for free...I was up front enough at the beginning to ask specifically if there was a cost for the rough sample but naive enough to take the response verbally! In principle I feel they had no right to send the invoice - I guess I have to try and be patient to see if they progress things further.

fred7777

nry wrote: »

They even said on the phone at one point that their approach to customers sometimes is too friendly but that I was naive to think a company would do any work for free

This lot sound like a complete incompetent shower. Please tell me you're not going to ever give them any work to do in the future?

The simply didn't do any work for you. They made a sample for themselves so they could see what the parts would cost for the purposes of quotation. If they want to work this way then fine but they have to accept not every sample leads to an order and cover the cost of this on on the price of orders that do get placed.

If anyone is being naive here it's them if the don't have the experience and professionalism to be able to give you a rough idea of cost of a job and expect a customer to pay for their quotation process.

As I understand it there is no paper quote, no paper order and no paper contract for any chargeable work so all they have are empty threats.

nry_2

They'll not get any work from me, no worries there.

Evidence or not aside, they are able to progress the claim if they so desire, the outcome itself will depend on the judge who views the submission and evidence from both sides.

The only written 'evidence' is the invoice they sent me at the end of June 2011, as you say, there is no backup evidence of a quotation nor of me agreeing a quotation and submitting an order.

As much as I am hoping they've dropped it, I would also be keen to make a point if they haven't...alternatively it may be judged in their favour and I have to cough up! I did just get a Tax Overpayment Rebate for a little more than they may request through MCO, sods law dictates I'll see little of it as usual

StuieUK34

fred7777 wrote: »

As I understand it there is no paper quote, no paper order and no paper contract for any chargeable work so all they have are empty threats.

Money claim or not, it would never be passed by a clerk, as the claimant would have to risk creating false documents to back up the claim......

As a few have said, dont worry, everyone tries scare tactics to get money, utility companies do it big time!!

arcon5

Do you have phone records?

If so, explain the time line to a judge and backup your story with telephone records.

A judge will base it on the balance of probabilities, and with their lack of proof an your somewhat substantiated explanation, your not really under the thumb.

It will cost them about £35 (or £25?) to file... £65 for the hearing, so they stand to loose time, travel & nearly £100 for a small non-existant bill.


Just enjoy your Christmas and see what happens.


And I agree with the other poster... don't buy them off, the MD sounds like a complete **.

unholyangel

arcon5 wrote: »

good point, but would this still be applicable since the address they hold and are using is still accurate (as provided by op), just not ops preferred address..?

You can request a company do not hold information or specific information about you and providing they have no valid legal reason to do so, they must comply You're forgetting that when receiving a request from someone to not store data/specific data, they can only reasonably refuse if the information is necessary. They cant say "its accurate so we can keep it".

Since he was willing to give his home address and coupled with chasing debt at a work address possibly causing problems at work...........I'd say they have no valid reason not to comply.

nry_2

£25 for MCO fee, no court fee unless it needs to go beyond MCO...which as most suggest above, it is unlikely too! Cheers for the info people

I don't have phone records beyond knowing which dates/days I spoke to them - I just so happened to track my discussions on a car forum where I have been updating my progress on the project.

nry_2

Returned to work and they have sent, on Dec 15th, an account statement and invoice for the same outstanding amount. Contrary to my written request to use my home address which they did receive the week before (recorded delivery and signed for), however as yet there is nothing from Money Claim Online.

Should I still leave it or do I now get picky with them and speak to Trading Standards over potential trading regulation issues as mentioned above?

vax2002

A sample is a trade term of something that is generally not chargeable ,they offered a sample which was not of merchantable quality and you rejected it.
No contract exists outside the supplying of this sample, there is no contract to enforce, the claim will fail and you will be awarded your costs, if you have returned the sample, you owe them nothing.

If every company that provided a sample charged and sued every-time they failed to get the work the courts would need to work 24/7
Contracts were developed to enforce what is chargeable and what is not, too much is made by soothe sayers of "verbal contracts" however a circuit Judge will generally rule that no contract exists in a matter that could have been made in to written contract at the start.

I would not worry too much, without a wet signature contract, I doubt the claim would get passed the front desk.