Company asking me to pay more than agreed

Notflippinlikely

RefluentBeans said:

When you pointed out that you have paid all the direct debits did they acknowledge receipt of all 5? Or on their end do they still reckon one is missing?

They said that they had "located" the missing payment.

Grumpy_chap

Notflippinlikely said:

Notflippinlikely said:

ACTUAL FIGURES AS PER VAT INVOICES

Machine £4,093.99
Additional item £375.00
Subtotal £4,468.99
Discount £1,103.99
VAT total £4038.00
Payment received £358.80
Balance due £3,679.20

The first Payment was 10% to secure the discounted machine which was on offer on the day.

I made another payment of
£1885.20 which I believed was 40% of the total bill.

I then paid 5 payments of £358.80 by DD.

Sorry that is wrong
10% holding payment of £358.80
40% payment of £1526.40

Then 5 equal payments of £358.80 by DD

Maybe I am getting confused now.

Total cost of the item £4,038

Holding payment £358.80
Deposit £1,526.40
Five payments of £358.80 = £1,794
That only totals £3,679.20

It would leave one further payment of £358.80 to be made.

Yet, you now appear to suggest the issue is resolved?

Notflippinlikely said:

RefluentBeans said:

When you pointed out that you have paid all the direct debits did they acknowledge receipt of all 5? Or on their end do they still reckon one is missing?

They said that they had "located" the missing payment.

Okell

Notflippinlikely said:

RefluentBeans said:

When you pointed out that you have paid all the direct debits did they acknowledge receipt of all 5? Or on their end do they still reckon one is missing?

They said that they had "located" the missing payment.

So between 7:44pm and 8:28pm they've told you that they've found the payment and it is sorted now?

Notflippinlikely

Grumpy_chap said:

Notflippinlikely said:

Notflippinlikely said:

ACTUAL FIGURES AS PER VAT INVOICES

Machine £4,093.99
Additional item £375.00
Subtotal £4,468.99
Discount £1,103.99
VAT total £4038.00
Payment received £358.80
Balance due £3,679.20

The first Payment was 10% to secure the discounted machine which was on offer on the day.

I made another payment of
£1885.20 which I believed was 40% of the total bill.

I then paid 5 payments of £358.80 by DD.

Sorry that is wrong
10% holding payment of £358.80
40% payment of £1526.40

Then 5 equal payments of £358.80 by DD

Maybe I am getting confused now.

Total cost of the item £4,038

Holding payment £358.80
Deposit £1,526.40
Five payments of £358.80 = £1,794
That only totals £3,679.20

It would leave one further payment of £358.80 to be made.

Yet, you now appear to suggest the issue is resolved?

Notflippinlikely said:

RefluentBeans said:

When you pointed out that you have paid all the direct debits did they acknowledge receipt of all 5? Or on their end do they still reckon one is missing?

They said that they had "located" the missing payment.

Sorry to confuse you. They originally stated that I had only paid 4 of the 5 payments by DD. They have agreed that I made the full 5 payments.
They did the division of payments and send me a docusign document which stated that I would pay 5 equal payments of £358.80.

I agreed and signed the document in good faith. Now, 2 months after the final payment was taken out of my account they have decided that I need to pay more. However they first said that I owed £358.80 and when I disputed this they said that I actually owe £450!

I guess my question is, can they say that I owe them more if the division of payments was wrong and it was their fault?

Notflippinlikely

Okell said:

Notflippinlikely said:

RefluentBeans said:

When you pointed out that you have paid all the direct debits did they acknowledge receipt of all 5? Or on their end do they still reckon one is missing?

They said that they had "located" the missing payment.

So between 7:44pm and 8:28pm they've told you that they've found the payment and it is sorted now?

No, sorry.
This was a conversation that I had with them this afternoon.

I'm sorry to confuse you.

They have agreed that I have paid;-

10% 358.80
40% 1526.40
10% 358.80
10% 358.80
10% 358.80
10% 358.80
10% 358.80

It seems as though they have divided the payments into the wrong amounts but I signed a contract to that affect. 
Therefore, am I still liable for their mistake?

user1977

They can correct an arithmetical mistake (assuming it's clear what the total price was agreed to be).

Notflippinlikely

user1977 said:

They can correct an arithmetical mistake (assuming it's clear what the total price was agreed to be).

And I would still be liable for that amount? Even though I have a legally binding document?
I think I need some legal advice on this matter.

TheSpectator

Notflippinlikely said:

user1977 said:

They can correct an arithmetical mistake (assuming it's clear what the total price was agreed to be).

And I would still be liable for that amount? Even though I have a legally binding document?
I think I need some legal advice on this matter.

But you also have an invoice showing the total amount due that you now admit you haven't paid.

Okell

Notflippinlikely said:

ACTUAL FIGURES AS PER VAT INVOICES

Machine £4,093.99
Additional item £375.00
Subtotal £4,468.99
Discount £1,103.99
VAT total £4038.00
Payment received £358.80
Balance due £3,679.20

The first Payment was 10% to secure the discounted machine which was on offer on the day.

I made another payment of
£1885.20   £1526.40 [my correction] which I believed was 40% of the total bill.

I then paid 5 payments of £358.80 by DD.

OK.  You've told us that the £1885.2 is wrong and should be £1526.40   Noted and corrected above.

Isn't the problem that the total cost of the m/c was £4038 before you made any payments and that 10% of that is £403.80 and not £358.80; 40% is £1615.20 and not £1526.40; and each of the 5 monthly payments should have been £403.80 and not £358.80?

You have only paid a total of £3679.20 including the first payment 

If the seller has laid out their invoice as above, then they have itemised it wrongly.  Either that or they have calculated the %age payments wrongly.

If you agreed to pay a total discounted price of £4038 incl VAT, you have only paid them a total of £3679.20 and presumably owe them the difference if £4038 was agreed.

They have certainly calculated the the 10% and 40% figures wrongly, but so have you if you think you've paid in full

[@Grumpy_chap is right]

[Edit:  Top tip.  You should always add up all the payments you have made and compare the total to the agreed total price.  In this case £4038.  If you had done that rather than take for granted the %ages calculated by the trader you would have seen that you had underpaid.  This is why it's important to know the actual amounts]

[Edit2:  By all means argue with them that the underpayment has resulted from their error not yours, and suggest they write it off]

user1977

Notflippinlikely said:

user1977 said:

They can correct an arithmetical mistake (assuming it's clear what the total price was agreed to be).

And I would still be liable for that amount? Even though I have a legally binding document?
I think I need some legal advice on this matter.

Yes. You have a legally binding document agreeing the total price, which you haven't yet paid in full.

Or to put it this way - if the error was the other way round and you had accidentally made one payment too many, don't you think you'd be entitled to a refund of the overpayment?