Disputed Invoice and Correct Process Advice.

lordgaz

Hi all -

I have a question about how to handle an invoice I am not happy with.

I had a company come and measure up for some windows home - On the basis of those measurements, windows were made (the company that measured were approved installers for the window company)

When the windows arrived, some had been made too small, and some had been made to large and also some of the fitting materials had been incorrectly ordered by the fitting company.

They went away to get the parts, and we adjusted the window apertures to fit the new window sizes (this cost quite a lot of money) - The fitters were not heard from again for 1 month (while we tried to call them every other day or so - In which time we needed to lay off our builders as we could not continue with the other building work)
Finally, I contacted the Window company to complain about what was going on, and they intervened, and got the fitters back within a couple of days.

Having fitted the windows, they detroyed quite a large amount of plaster boarding/ceilings which was unnecessary, and they did not make good - We had to pay the plasterers to come back and finish the job.

I have waited for the invoice from the fitters to turn up, (nothing for about 3 weeks) until I find that the fitter sent the inoice to an old email address they had been given by the window company (even though we had communicated with the fitters by another email several times) - Now I have the invoice since 1st September, and I am being threatened with it being passed over to a collections company.
I sent a cheque recorded delivery 2 days ago, but it was not signed for and is sitting back at the post office waiting for the fitter to collect.
I have deducted costs from that invoice based on the costs we incurred to put right the damage/change the window apperture size - question - am I entitled to take off these expenses -
- question - what happens if this goes to collection agency based on what I have explained above?
- question - If I have not received an invoice due to fitters error, should the date on the invoice be overidden by the date received? - Also, the invoice states "payment terms as agreed" - but nothing was discussed or agreed to about any time period after invoice to pay within
- question - there was no paper or formal contract between me and the fitter only a phone call, and a face to face meeting-Does that give me any advantage?

Many thanks

DCFC79

How can the wrong email address get passed on when you hadnt used it to communicate with the fitters/windo company ?

OlliesDad

DCFC79 wrote: »

How can the wrong email address get passed on when you hadnt used it to communicate with the fitters/windo company ?

I read it as the OP had emailed the window company from it but not the fitters.. the window company gave the fitters the details.

OP, yes you are within your rights to reduce reasonable costs from the amount paid. You did have a duty to mitigate any costs, and therefore the only objection could be that you did not get more quotes for the work.

Also, you say they didn't make good the damage.. did you ask them to?

lordgaz

Thanks for the replies -
In reply about the email address - I had never used my old email address with the fitter, I had only ever used it initially with the window manufacturers and in the course of the process of ordering the windows, I changed jobs.
All communications I had had with the fitter were based on my still existing email address.
For some reason, the fitter had contacted the window manufacturer to ask for my email, when he could have easily texted or called me (our other medium of communication when he felt like it)

To address the other question - no, I did not ask them to put it right, and neither did they offer - The work required skilled labour, and I would not have let them near the work. That said, when I complained to the manufacturer about their initial visit,(where they made the damage to the plasterboard, and where it was clear some windows were too small) I supplied evidence photos of all the problems to the manufacturers MD stating my complaint and they said they would get in touch with the fitter (not sure what they said to him).
I had contracted builders who came back to sort the problems - I could not really open it out for tender I don't think.....