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I'm the late payer, apparently...

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4 years 5 months ago - 4 years 5 months ago #3769 by mlpnkobji
I'm the late payer, apparently... was created by mlpnkobji
I suppose I'm on the wrong site as I'm the person receiving the invoice, but it seems like you guys are a good bunch so I'll hope that you can help!

I've just received an invoice for £1800 from a company that I used to do a lot of business with. (we're both Ltd companies). The invoice however, is dated early 2015.

It's the first I've heard of it. Not had any statements for months and months as we no longer trade together. Last statement I can find was from much later than the invoice and the invoice wasn't included in it. I don't know why it didn't show on their statements. (Don't have many statements as I usually paid ion a day or 2)

I've checked my bank and the invoice wasn't paid but I have no idea if the invoice was actually valid or was even sent to me.

The records are archived now so and will be time consuming to go through and work out if I ever had it and if it was valid.


I think I have 3 questions.


- I know that statue of limitations is 6 years and this is less. But does the fact that it's been missed off statements and the fact that they have never chased it effect my liability to the debt?

- If I am liable for the debt, can they charge interest, again, considering that I've not heard anything for so long?

- If it WAS invoiced at the time and the reason I didn't pay was because of a query (there were a LOT of mistakes from this companies account department), does this affect the interest they can charge?


Any help would be really appreciated. £1800 isn't small change for me.

Incidentally, the invoice didn't state what it was for. They provided a service, and there was normally a breakdown of the service. This new invoice just says "sales"

I suppose that makes a 4th question. Whose responsibility is it to show what the invoice was for? I really don't fancy trawling through paperwork. Can I just say to them, "I don't recognise this, please provide a breakdown of the service provided" or do I have to work out what I've been billed for.

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4 years 5 months ago - 4 years 5 months ago #3770 by j.salmon@cpa.co.uk
Replied by j.salmon@cpa.co.uk on topic Re: I'm the late payer, apparently...
Hi

An interesting one.

First off, a debt is collectable for 6 years under the statute of limitations. So it is not too old for them to collect.

Secondly there is no requirement for them to have sent statements in the meantime.

However, if you have statements after the date of the invoice that do not show the invoice that is very interesting and could be used as evidence that the invoice did not exist on the date they claim.

This is a question they should definitely be asked to explain.

That said, what you need to establish is if the invoice is valid and payable or not. If it is not and you are disputing it then the interest and compensation are not due and the credit terms would start from the date the dispute was resolved.

If you can't identify what the invoice was for, and as you say the description is vague, you can dispute the invoice and ask them to substantiate the invoice and their claim. What exactly is it for, where did you agree to pay for those services and what exactly did they do.

You can certianly say to them, "I don't recognise this, please provide a breakdown of the service provided"

The burden of proof is with them to prove you owe the money, not with you to prove you don't. Although once they provide proof, if you wished to dispute it, you would need to then be able to respond.

Also was there credit terms agreed?

If no credit terms were agreed, the invoice is only due under the legislation 30 days after it is received, not when it was sent.

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4 years 5 months ago - 4 years 5 months ago #3772 by mlpnkobji
Replied by mlpnkobji on topic Re: I'm the late payer, apparently...

Hi

Secondly there is requirement for them to have sent statements in the meantime.


Thanks very much for the detailed reply. Very good of you.

I'm guessing the above quote is meant to read "NO requirement"?

Not sure on credit terms. I've got our original application form for an account with them. Credit times and limits weren't mentioned but we did have to apply for an account and provide references.
Aside from that, the invoices used to state payment within 7 days if I remember correctly.


Guess my first step is to ask them to explain what is was for. At least there no financial cost or time burden in me doing that. If they can't come up with anything I guess that's the end of it, but I have a feeling it won't be that easy sadly

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4 years 5 months ago #3774 by j.salmon@cpa.co.uk
Replied by j.salmon@cpa.co.uk on topic Re: I'm the late payer, apparently...
oops sorry - yes there should have been a NO in there.


Yes - go put the ball back in the court - make it clear you are disputing the invoice on the grounds, you've not received it, you have no idea what is for and ask for proof that you authorised the work.

Also ask them why the invoice didnt appear on statements raised after the date.

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