Aspect changed name on invoice

happyandsmiley

My tenant called an electrician in to fix a minor but emergency electrical problem.  He called Aspect Maintenace Services a general maintenance company) who sent an operative to fix the problem.  He embarked on an elaborate scam and carried out unnecessary and illegal wiring. Aspect sent my tenant two large bills, the first of which he paid and has been trying to get reimbursed, the other which is ‘outstanding’.

Both my tenant and I have complained to this company that we do not accept the work. Both of us have written to say so.

The Tenancy expired and my (now former) tenant has returned to the United States. The company are still chasing him by email for the final bill. He refuses to pay it (and has my full support for not doing so). 

Undeterred, the company have now changed the name on the invoice to mine and are harassing me for the money.  The invoice has the identical customer number, date, invoice number and amount as that sent my tenant.  Just the name has changed.  I understood this to be illegal. Is this correct?

I suspect also that my former tenant may have said to the company something like ‘my Landlord says she’ll pick up this cost’. ‘Please send her the bill’. What is my position if he did this?  

This company are aggressive and nasty with a reputation that precedes them.  Many of their customers have left scathing reviews on Trustpilot and Complaints Board and some have been scammed in a similar way.

I have tried every path of recourse I can think of.  My next step is Small Claims Court.

On the invoicing side, can anyone please point me in the direction of the legalities and should I report them to HMRC (as it is a VAT invoice)?

Thanks in advance

davidmcn

happyandsmiley said:

The invoice has the identical customer number, date, invoice number and amount as that sent my tenant.  Just the name has changed.  I understood this to be illegal. Is this correct?

From where did you get this understanding, and what do you mean by "illegal"? A criminal offence? Either it's a debt due by you or it isn't.

unholyangel

Do you know exactly what you said to them when you complained and told them you didn't accept the work? That's the bit that catches my eye. Because if you weren't party to the contract then it wasn't yours to reject. 

What were the arrangements with the tenant about the work? Could they have been acting as an agent for you at any point? 

Depending on sums involved, it may be one best placed for paid advice

Sandtree

happyandsmiley said:

 The invoice has the identical customer number, date, invoice number and amount as that sent my tenant.  Just the name has changed.  I understood this to be illegal. Is this correct?

Its likely illustrative of poor record keeping but no one has gone to jail for it... in theory and in certain scenarios it could lead to other problems but maybe they have other controls in place that haven't been tested.

happyandsmiley said:

I suspect also that my former tenant may have said to the company something like ‘my Landlord says she’ll pick up this cost’. ‘Please send her the bill’. What is my position if he did this?  

This company are aggressive and nasty with a reputation that precedes them.  Many of their customers have left scathing reviews on Trustpilot and Complaints Board and some have been scammed in a similar way.

I have tried every path of recourse I can think of.  My next step is Small Claims Court.

You really need to clarify what you are attempting to get out of this?

There could be an argument that the company should sue your tenant and then your tenant sue you for the money but not sure what value you are adding to the chain and if the company is successful it would certainly add additional court fees and interest for you to pay. It therefore seems pointless to try and deflect.

Here you also have a problem though... what are you going to the court for?  If your argument is that you cannot owe the money on the second invoice because you are not party to the agreement then you cannot look to claim anything for the first invoice as you are equally not party to the contract. You seem to want to have your cake and eat it.

Ectophile

Sandtree said:

Here you also have a problem though... what are you going to the court for?  If your argument is that you cannot owe the money on the second invoice because you are not party to the agreement then you cannot look to claim anything for the first invoice as you are equally not party to the contract. You seem to want to have your cake and eat it.

If the OP is feeling particularly belligerant, they could not only refuse to pay the bill, but also sue Aspect for repairs to correct the work they did.

happyandsmiley

Thank you all for your input.
It’s a good deal more complicated, unfortunately.  My tenant called Aspect in to fix a problem with a tripping circuit to the central heating boiler and, assuming they were bona fide, I asked them, while they were there, to do an EICR report for me for which I paid separately. That is also in dispute - as according to several proper electricians, it’s not worth the paper it was written on. I’m going to Small Claims about that and yes, I’ve already been through the NICIEC.

I have damage to my property for the unnecessary and illegal wiring done.   I’ve had it checked independently.  I need to claim that from my tenant. He needs then to claim it back from Aspect.  That may or may not be feasible/practical and I may have to take the damages on the chin.  I’m getting them repaired this week so I’ll have a £ amount to work on. The electrician is also doing an EICR report for me (a proper one).

With regard to one of your replies, I am not trying to get out of anything here.  I am trying to bring a known scammer to book.  I am hoping my former tenant gets his money back from his credit card. 

I don’t want any elderly folk being robbed of their life savings by calling in these people.  This company has no morals.

I have gone through all the steps given to me by the Citizens Advice Bureau.  Trading Standards are involved too.  Also Building Control have been informed.

Aspect clearly have had no luck trying to get money for the outstanding invoice for the disputed work from my former tenant. He is making a claim for the first sum of money he paid them (without my consent I might add, he meant well but it all backfired badly.)

So, Aspect have simply changed the name on my tenant’s invoice and sent it to me. Citizens Advice tell me debt can’t be transferred. I do not have a contract with Aspect for this work.  HMRC have specific rules for VAT registered companies that they may not change the invoice name, but it’s not clear to me whether that’s just company to company or company to individual too.

I just wanted this clarified.  

davidmcn

happyandsmiley said:

HMRC have specific rules for VAT registered companies that they may not change the invoice name, but it’s not clear to me whether that’s just company to company or company to individual too.

What does VAT have to do with it? That's only going to be relevant if you're registered for VAT (and are paying the bill!). Like I said above, either you owe the money or you don't, don't be distracted by spurious arguments about invoice / customer numbers etc.

Nearlyold

As a landlord myself I would say there are two issues at play here, a) who should be paying for the work if it had been completed correctly & b) should the bills be paid given that work was apparently not completed correctly.
Assuming these are not business premises let on a repairing lease some questions come to mind.

With regard to a)

Why did the tenant not use the emergency contact details for tradesman you trust that you presumably supply in a property folder left on the premises for the tenants use if they are unable to contact you?
Given that repairs are the landlords responsibility would it seem reasonable for the repair company to assume that when you telephoned to ask them to complete the EICR this was also a tacit acceptance that you accepted responsibility for the repair costs? - Or had the tenant damaged the boiler wiring?
Are there three bills in total, one for the EICR and two for the wiring work, if the latter what are the two bills for? How much are we talking about and why have you not reimbursed the tenant for what they have paid.


With regard to b)

You are perfectly at liberty to decline to pay for work if it has not been completed satisfactorily, and look to resolve the matter in court, have you asked the firm to correct the faulty work and/or do you have a written report from a qualified electrician on the failings.

Jumblebumble

happyandsmiley said:

My tenant called an electrician in to fix a minor but emergency electrical problem.  He called Aspect Maintenace Services a general maintenance company) who sent an operative to fix the problem.  He embarked on an elaborate scam and carried out unnecessary and illegal wiring. Aspect sent my tenant two large bills, the first of which he paid and has been trying to get reimbursed, the other which is ‘outstanding’.

Both my tenant and I have complained to this company that we do not accept the work. Both of us have written to say so.

The Tenancy expired and my (now former) tenant has returned to the United States. The company are still chasing him by email for the final bill. He refuses to pay it (and has my full support for not doing so). 

Undeterred, the company have now changed the name on the invoice to mine and are harassing me for the money.  The invoice has the identical customer number, date, invoice number and amount as that sent my tenant.  Just the name has changed.  I understood this to be illegal. Is this correct?

I suspect also that my former tenant may have said to the company something like ‘my Landlord says she’ll pick up this cost’. ‘Please send her the bill’. What is my position if he did this?  

This company are aggressive and nasty with a reputation that precedes them.  Many of their customers have left scathing reviews on Trustpilot and Complaints Board and some have been scammed in a similar way.

I have tried every path of recourse I can think of.  My next step is Small Claims Court.

On the invoicing side, can anyone please point me in the direction of the legalities and should I report them to HMRC (as it is a VAT invoice)?

Thanks in advance

This is simple
Who engaged the Electrician?
Must be the tenant as they paid the first bill 
The tenant telling the Electrician to send the bill to the landlord can be ignored.
If Aspect don't check then that's their tough luck
Aspect can change the invoice name if they wish and HMRC not be in the slightest bit interested and will toss your complaint into the nearest dustbin
A Landlord can certainly complain to a third party who he did not engage for damaging his property and ask for redress without taking on liability for their invoice ( it would be absurd to think otherwise)
If I were the landlord I would do nothing beyond telling Aspect that you are not clear why they are billing you and see what happens next
I suspect your tenant will not be seeing his money again and Aspect will do nothing much further

happyandsmiley

Jumblebumble said:

happyandsmiley said:

My tenant called an electrician in to fix a minor but emergency electrical problem.  He called Aspect Maintenace Services a general maintenance company) who sent an operative to fix the problem.  He embarked on an elaborate scam and carried out unnecessary and illegal wiring. Aspect sent my tenant two large bills, the first of which he paid and has been trying to get reimbursed, the other which is ‘outstanding’.

Both my tenant and I have complained to this company that we do not accept the work. Both of us have written to say so.

The Tenancy expired and my (now former) tenant has returned to the United States. The company are still chasing him by email for the final bill. He refuses to pay it (and has my full support for not doing so). 

Undeterred, the company have now changed the name on the invoice to mine and are harassing me for the money.  The invoice has the identical customer number, date, invoice number and amount as that sent my tenant.  Just the name has changed.  I understood this to be illegal. Is this correct?

I suspect also that my former tenant may have said to the company something like ‘my Landlord says she’ll pick up this cost’. ‘Please send her the bill’. What is my position if he did this?  

This company are aggressive and nasty with a reputation that precedes them.  Many of their customers have left scathing reviews on Trustpilot and Complaints Board and some have been scammed in a similar way.

I have tried every path of recourse I can think of.  My next step is Small Claims Court.

On the invoicing side, can anyone please point me in the direction of the legalities and should I report them to HMRC (as it is a VAT invoice)?

Thanks in advance

This is simple
Who engaged the Electrician?
Must be the tenant as they paid the first bill 
The tenant telling the Electrician to send the bill to the landlord can be ignored.
If Aspect don't check then that's their tough luck
Aspect can change the invoice name if they wish and HMRC not be in the slightest bit interested and will toss your complaint into the nearest dustbin
A Landlord can certainly complain to a third party who he did not engage for damaging his property and ask for redress without taking on liability for their invoice ( it would be absurd to think otherwise)
If I were the landlord I would do nothing beyond telling Aspect that you are not clear why they are billing you and see what happens next
I suspect your tenant will not be seeing his money again and Aspect will do nothing much further

Thank you JumbleBumble.  We’re on the same page.  The only reason I ask the VAT question is that renaming a VAT invoice is just another poor practice by Aspect to add to the list.  I was thinking of taking them to task on it, but I won’t bother.
They don’t know how to fix an electrical connection (that’s all it was), they don’t know how to run their accounts and, yet another one I didn’t mention, they sent my EICR report, commissioned and paid for by me, to my tenant - so that’s Data Protection busted too.

happyandsmiley

Nearlyold said:

As a landlord myself I would say there are two issues at play here, a) who should be paying for the work if it had been completed correctly & b) should the bills be paid given that work was apparently not completed correctly.
Assuming these are not business premises let on a repairing lease some questions come to mind.

With regard to a)

Why did the tenant not use the emergency contact details for tradesman you trust that you presumably supply in a property folder left on the premises for the tenants use if they are unable to contact you?
Given that repairs are the landlords responsibility would it seem reasonable for the repair company to assume that when you telephoned to ask them to complete the EICR this was also a tacit acceptance that you accepted responsibility for the repair costs? - Or had the tenant damaged the boiler wiring?
Are there three bills in total, one for the EICR and two for the wiring work, if the latter what are the two bills for? How much are we talking about and why have you not reimbursed the tenant for what they have paid.


With regard to b)

You are perfectly at liberty to decline to pay for work if it has not been completed satisfactorily, and look to resolve the matter in court, have you asked the firm to correct the faulty work and/or do you have a written report from a qualified electrician on the failings.

Thanks for your post Nearlyold
My tenant WhatsApp’s me to let me know the problem (no heating, tripping circuit breaker). I didn’t look at my WhatsApps for 3 hours and in that time he had called Aspect in.  He could have telephoned me. He didn’t.  He didn’t look in the folder.  Aargh!  I have an electrician who works with the boiler engineer. I would have called him had I been given the chance. The problem was simple, a loose connection to the boiler (which had been serviced the previous week)

Of course I pay my contractors. I have never had a problem of unsatisfactory work before. This was a first.

I could not get Aspect back. Their modus operandi is to create work and charge as much as possible.  Reviews bear this out. Many of their customers are dissatisfied, even outraged by their sharp practices.  Getting them back would have allowed them a second bite at the cherry of this scam.

There’s an old saying:
Cheat me once, shame on you; cheat me twice, shame on me.