Invoiced for an email - Help please!

UnderThe_Cosh

Hi,

I have been out of work for ages but have some savings so don't even get to claim unemployment as I had it for six months and am now out of claim!

Anyway my issue is that I was potentially offered a contract to work. I was unsure as to how to deal with it i.e. Limited company or an umbrella company - anyway I sent an email to a local accountant I found online basically talking about if it may be a good idea to use him. He sent back a reply with info about each of my points. He ended with arrange a meeting if you need more info. Some of the email seemed a bit condescending and TBH felt I didn't want to use him anyway.

Soon after, the job shockingly fell through anyway and I left it at that.

Today I got an email with a £21 invoice from the accountant. I replied saying I was shocked he considered he was "working for me" and I never asked him to do anything. He replied immediately saying his adverts say that all work is charged at £25ph so by me emailing him with questions I was instructing him to do work (I assume the invoice is for the email reply).

He knows my name and town of residence and my email address but not my address. My wife is saying stuff him. I have looked at his website and yes it says all work is charged at £25ph but surely this can't be enough to be in a formal contract? Could he have spent 100hrs constructing an oak scroll with his replies on and charged me for it? Just based on an email saying I am in such and such a situation and I'm not sure if I fall under IR35 or not...I'm wondering if starting a pension is a good idea blah blah... etc etc...

I am not expecting cast iron legal advise on this (obviously) and PLEASE DON'T do any billable work on this for me !! LOL

Bobarella

I am pretty shocked to hear this. I have an accountant myself and before I have ever been charged for anything there has been clear discussion on what will be in my bill. I would go and see your local CAB and ask if it's enforceable.

sourcrates

Just ignore it, how is he going to make you pay ???

He doesn't know we're you live, add his email to your blocked senders list, and forget it !!!!!

It's a similar tactic to what DCA's use, people panic and pay up without actually thinking it through, and that's what these people rely on.

fatbelly

The essential elements of a contract are not there:

https://www.citizensadvice.org.uk/wales/consumer/protection-for-the-consumer/consumer-contracts/

If he wants to show otherwise he can risk his money on a court claim (assuming he can find an address for you)

pineapple

Just putting the other side for a moment - there are plenty of online services which charge for advice though they usually make this clear. Are you sure there isn't even some small print which says this? Looking at it realistically he can't be expected to spend his time giving free advice even at a basic level..But if not made clear on his site he should have sent a brief email saying he can give some preliminary advice but there is a charge. If he didn't do either then he is probably chancing his arm and I'd ignore it. Doubt he would sue for that amount anyway.

Annisele

Unless you said something in your original email along the lines of "I know you will charge for replying, and I'm happy to pay your standard rates", I don't think he has a leg to stand on.

I'd reply saying I didn't instruct him to do anything. I was considering instructing him - hence my email - but I've decided not to. I didn't agree to pay anything, and I won't.

If he tries to take it any further than that, I'd check if he's a member of a professional body - and if he is, I'd complain to them.

UnderThe_Cosh

Hi again,

Thank you for your replies.
It's our anniversary today and frankly this has ruined the last five hours of it!
It's nice to have some support and it helps calm me down that this seems unreasonable.

Basically I had the email and attached invoice out if the blue this morning and I replied saying I had never instructed him to do any work for me and I didn't intend paying. I said he should have sent a reply indicating that any answers would cost money and did I want to continue.

He replied in 5mins saying his website says all work is charged at £25ph so by emailing him I was agreeing to him working (ie answering) and charging me at that rate. Looking at his email it just says all work is at £25ph and there's no warning that emailing him means you are on the clock.

PS I use hotmail and hadn't realised that generally any email sent gets labelled with my full name as my Live account holds that info. Also I googled my own name and up top was a website offering to disclose my address if you join for £7. The fact they show the previous owner of the house means they do know this! I was in the past on electoiral register (not now). So today has opened my eyes to how easily I can be traced.

TBH I would go to court and argue against this. Fair enough he spent a bit of time answering me and it has come to nothing for him. But for heavens sake he knows I lost the job.

SeduLOUs

pineapple wrote: »

Looking at it realistically he can't be expected to spend his time giving free advice even at a basic level..

I disagree - the first email is the 'pitch' - it's the accountant's way of letting a potential client know that they know what they are talking about, can reply quickly, and seem friendly and trustworthy. It's perfectly normal to have to put in a little bit of groundwork (bearing in mind that the preliminary advice shouldn't require any research if they know what they are talking about) and then offer to follow up the email with a meeting to hopefully land the contract.

I've spent many hours over the years in retailers/car dealers etc discussing my needs on all sorts of items, and on many of those occasions I have chosen not to buy anything. I certainly would not be expecting a bill for the advice/information I was given.

UnderThe_Cosh

pineapple wrote: »

Just putting the other side for a moment - there are plenty of online services which charge for advice though they usually make this clear. Are you sure there isn't even some small print which says this? Looking at it realistically he can't be expected to spend his time giving free advice even at a basic level..But if not made clear on his site he should have sent a brief email saying he can give some preliminary advice but there is a charge. If he didn't do either then he is probably chancing his arm and I'd ignore it. Doubt he would sue for that amount anyway.

I agree he is out of pocket/time and I feel bad for that.
But he chose to reply in this way and not establish an agreement first. His website is vague. I was naive to send him an email with questions in it I guess. But I think the default position of I can now answer in any way I choose and charge for it seems a bit excessive. When I worked for myself I would have considered such an email as a form of sales task which may or may not result in work.

In addition his email came across quite rude. I got a vibe that he was not a nice person so his actions now in some way are in character.

Will he bother to pursue it. I wouldn't but he seems nasty enough to cut off his nose.
I don't like this hanging over me. But I am not going to pay someone who basically sent me a rude email with information that I pretty much knew already.

sourcrates

Forget it, take that bottle of champers outa the fridge, and enjoy your anniversary !!!!!!

UnderThe_Cosh

SeduLOUs wrote: »

I disagree - the first email is the 'pitch' - it's the accountant's way of letting a potential client know that they know what they are talking about, can reply quickly, and seem friendly and trustworthy. It's perfectly normal to have to put in a little bit of groundwork (bearing in mind that the preliminary advice shouldn't require any research if they know what they are talking about) and then offer to follow up the email with a meeting to hopefully land the contract.

I've spent many hours over the years in retailers/car dealers etc discussing my needs on all sorts of items, and on many of those occasions I have chosen not to buy anything. I certainly would not be expecting a bill for the advice/information I was given.

We cross posted but I agree with you.
What info he gave was his choice. Most of my questions showed I already understood what he then sent me. He was only confirming options I had already brought up - he added no real value anyway!

And his "pitch" rubbed me up the wrong way anyway :rotfl:
.