How to dispute an invoice and can they take me to court if I do

Popppins

I'd value some opinions on my current situation, in the full knowledge that I should have done things differently in the first place! I'm a freelance artist who employed a producer at the beginning of the year. I didn't look into him as thoroughly as I should and I took a very subservient attitude from the start. I won't bore you with the reasons but I'm happy to say that that has changed. I asked for a contract to be drawn up at the beginning of the working relationship but I didn't chase him when that didn't materialise. We agreed a fee of £300 per day and so far I have paid £1200 for four days work. At the time I was surprised we were already up to four days but I just paid it. I then received an invoice for a further £750 which I don't feel is warranted in any way. Neither of the invoices are itemised. 

I could site many examples of poor work from this person but I think one will suffice to demonstrate that I have serious grounds to distrust these charges. I took one task on myself to save money, a task he was going to allocate a day and a half to ie £450, and I deliberately timed myself doing it to completion. It took me less than three hours.

Oh - and in case it's not clear I have no wish to continue a working relationship with this person. 

So - of course I plan to challenge the invoice, ask for it to be itemised and for the previous one also, but it would make the process less stressful if I knew what his legal rights are. Can he take me to court if I refuse to pay? Any other comments and advice welcome. And yes - next time I employ someone I will insist on a contract and a detailed timesheet and itemised invoices in future. Thank you in advance for your time

Barry_Bear

It is actually quite hard and time consuming for a service business to enforce a CCJ as the system gives plenty of scope for the debtor to dispute the amount or the service provided. Make a point to dispute or complain about the quality of work provided and any other things that were not as agreed (assuming you have anything in writing stating what was to be done and at what fee). On balance unless you are in the wrong and the debtor can prove this they will probably prefer to accept a compromise or not take it further. In any case put in writing your complaints and dispute the invoices you think are unjustified.

MalMonroe

*cite, not site. 

Did you keep a record yourself of what work you have asked this producer to do, so that you could match it against his invoices? That's what business people normally do, freelance or not (I'm freelance myself). Your statement "At the time I was surprised we were already up to four days but I just paid it." would indicate not.

As for anyone taking anyone to court, it's his word against yours and you could just as easily take him to court for fraudulently charging for work he has failed to do. Don't forget that you also have 'legal rights'!

You've learned a lesson the hard way, always request an itemised invoice and always send one too, when you are charging for work you've done. 

As to his new invoice, I'd certainly request an itemised bill. That is perfectly reasonable and above-board and if he doesn't like it, let him try taking you to court. It'll cost him to do so in the first instance and he's not likely to win in the second.

Barry_Bear

Also you use the word "employed". Be careful throwing that word around. An employer in the legal sense has strict obligations to an employee. If they were really your employee you should seek advice from an employment lawyer. But if this was one time only work done by another business or self employed person for your business then they don't appear to be an employee. But you need to be sure.

Mistral001

If you have not paid the invoice within the agreed time, then you are the debtor here, so you could be taken to court for non-payment.  Was he contracted to do a certain number of days?  If he was and you gave him fewer days work than was in the contract, you could also be sued for breach of contract.  That sounds all very serious, but as far as I can see, all you can do is either get him to take less money, pay the invoice in full,  or not pay the invoice and wait and see what he does.  

Popppins

Thank you folk! Well so far the consensus seems to be that I don't have to worry too much about him trying to throw the law at me. MalMonroe - yes I have a clear list of tasks that I asked him to undertake - what I need to dispute is the length of time it took him to complete those tasks hence the example I gave.
He's basically a chancer and I just wanted to check that if I call him out on that he has no legal redress. I very much enjoyed your point that I have as much legal right to dispute his charges as he does to demand payment. Barry Bear - good point re watching my language. I'll use the term 'engaged' in any official correspondence.

oldbikebloke

the amount of time it takes/took you to do a task is irrelevant

the contractor gave a costing £450, you accepted it by default of not rejecting it.
The element of profit that the contractor built into that price has no bearing on your obligation to pay the price you "accepted". Your agreed a time charge basis, the limitation therefore is upon the client setting a maximum duration they will pay for. Appears you failed to do so, and thus "it took me 1.5 days" is a statement of fact from his point of view. If sued, you may offer as a defence that "the norm is X hours", but the court would need evidence to support your claim, as it has no more intrinsic foundation than his statement: it took me 1.5 days your honour.

So, as neither contractor, nor you as client, have documented a contract setting out the duration / contract sum, any dispute can only be settled in court on the basis of whatever evidence the court decides it accepts. 

To answer your question - yes he can sue you. The question is... will he?