Invoiced without order? Is this allowed?

CapJ

DVardysShadow wrote: »

You would like to think so.

But they are staking out their claim as the OP representing the deal as on behalf of the employer and they have plausible grounds [the business card] to do this. So no hot water expected really.

What they are actually doing is far worse! The difficulty is proving it. Absence said proof then you are right there is not much that could be done. I do think though if there is clear evidence in previous letters and invoices of them treating the OP as an individual they may find themselves in difficulties.

nry_2

Previous letters and invoices have all been addressed to me directly at my place of work - this is the first mention that they have considered this as a business order.

The lack of evidence at the initial discussion stage is a problem - it is all verbal which stands for little overall. All I do have is a web-forum thread elsewhere tracking the car project where I have added entries after each phonecall/visit to the company in question. These are all dated and all corroborate what I have said in my letter to the company - the forum tracks edits and no edits have taken place after the events so it is possible this may be a small amount of evidence that what I am saying now is what I said in the letter.

All documentation they have copied and enclosed with this recent letter are quotations and invoices - there is no order - if they were classing this as a credit account from day one then I would have expected them (as I expect with any supplier we use at work, the nature of my job means I deal with plenty of suppliers/orders/contracts/leases) to require an official order from the school before proceeding with any work. As such I did not instruct them to carry out any work, they made the offer to run off the sample to gauge pricing on final parts which they then quoted for.

In the interim of a call from Trading Standards which I am waiting for, I'll take the Consumer Direct advice and write back stating that I am awaiting TS advice before I can make any further response. If my employer wishes to write this or other letter then great! I am tempted to mention trading regs. and harrassment but I think I'd only do this if TS advise me to do so.

nry_2

TS have been in touch and were not initially aware of the most recent letter written to my employers - they are going to discuss the situation with colleagues and get back in touch. I read the letter to them and stated my thoughts on possible harrassment by writing to my employer when I said otherwise, and also that they cannot themselves issue a court summons so this is misleading. We shall see what they say when they call back.

nry_2

TS have advised me that it is not unacceptable for me to write to the supplier and re-iterate my understanding of the situation.

They said specifically that leaving a business card in itself is no reason to open a credit account nor presume to create an order - anyone could be given such a card and do this, it is not suitable trading practice.

They have taken my concerns over harrassment with the recent letter, refusal to correspond at home, writing to my employer being potentially embarrassing etc. and that threatening to issue a court summons is possibly illegal as the supplier themselves are unable to issue such documents, they can only apply for a hearing. I'm awaiting a further call back from the TS office manager who is back tomorrow to discuss possible harrassment issues in more detail. Joy!

aldredd

What a bizarre company - please keep us updated

DVardysShadow

nry wrote: »

... They said specifically that leaving a business card in itself is no reason to open a credit account nor presume to create an order - anyone could be given such a card and do this, it is not suitable trading practice.

I agree. But equally, it gives them plausible grounds to take up dispute with your employer. And an excuse if pressed on harassment. So if they decided to sue your employer, it would pass first muster with the court, even though they would lose once your employer returned a defence.

It seems to me that they are trying to trip you up into admitting a deal with them in order to stop the employer applying heat to you

You do need to write to them and make clear that all discussions were in a personal capacity, taking care to point out that no chargeable work was authorised. And instruct them that any further approach to your employer will be treated as harassment. Copy to your employer.

I think that the effort they are putting into this completely outweighs the value of their efforts in making a prototype. And after you send them your letter, any further attempts to involve your employer would enter the criminal realms of harassment.

nry_2

Letter drafted based on a suitable online template, specifically mentioning your point about harrassment. The original letter/quote was sent directly to myself at my work address. Only once I disputed the debt and pointed out it being personal did they write to our 'Accounts Department' so I've now got two letters to work after I requested they use my personal details, a subsequent letter would be a 3rd.

Big load of annoying tosh but it is seriously annoying me now to the extent that even if they drop the issue (which I seriously doubt, I honestly believe they will submit the claim) I'd take legal advice, it has impacted on Christmas and family/work life for over 6 months now which is not acceptable.

You've all been extremely helpful, many thanks!

DVardysShadow

Bear in mind that for harassment to stick, they need to do it twice. What they have done so far is a plausible mistake. They need to contact your employer twice more after your letter, but if they do, you can take them for harassment as a civil matter.

nry_2

DVardysShadow wrote: »

Bear in mind that for harassment to stick, they need to do it twice. What they have done so far is a plausible mistake. They need to contact your employer twice more after your letter, but if they do, you can take them for harassment as a civil matter.

20/6/2011 Quote and invoice sent to me specifically at work
20/6/2011 I rang and explained it was personal they refused to accept my home address
2/12/2011 Letter sent to my employer
3/12/2011 I wrote to them and put in writing to use my home address
15/12/2011 they wrote directly to my employer

So I have tried to verbally supply my personal details once which was ignored (they phone put down) after which they wrote to my employers, they have since ignored my written request to use my personal address...

Where/who would I contact to try and pursue a harrassment claim?

bod1467

If what DVardysShadow says is correct then one MORE letter to your work will constitute harassment. (Your telephone call may not count as officially notifying them, but your letter will - I presume this was sent recorded delivery, so you can prove it was received?)