Bits 'forgotten' off an invoice

[ACEparts_com]

I've just received an email from a shipping company stating they had 'fogotten' to include some charges of £550 relating to an invoice in 2006 and would I mind paying them?

Yes I would mind actually. I was invoiced and paid up the account.

Who's in the wrong?

[Marcellus]

It all depends on how you entered into the contract.

If you asked "how much parts a, b & c cost"
and they said "£200"
and then you ordered and paid
then they realise parts a, b & c should have cost £250
then there's no comeback on you.
Offer and acceptance within the sales of goods act.

If however, they said the parts cost £250 yet only invoiced you for £200 then I think you're actually liable for the £50.

[ACEparts_com]

They moved some frieght, invoiced me, I paid.

Now they're saying they missed some of their charges off the inovoice.

[Marcellus]

So you're talking about a contract for a service?

how did you enter into the contract will be the crux of the answer as the points of law are the same (I believe) as it's covered by the "Sale of Goods and Services Act 19??"

[tinman0]

i'd tell them to get stuffed. have a morning in a small claims court if you want, it'll be interesting seeing them explaining how they forgot the charges. your defence could simply be "i think they are trying it on".

[ACEparts_com]

Marcellus said:

So you're talking about a contract for a service?

how did you enter into the contract will be the crux of the answer as the points of law are the same (I believe) as it's covered by the "Sale of Goods and Services Act 19??"

Some freight arrived at heathrow, they sent me the bill for processing and delivering it, I paid it, they delivered, job done.
Nothing signed other than to say I have received the goods ta very much.

Updated to say, I've just received emails saying they've left similar amounts off four other invoices!

Edited by ACEparts_com on Monday 22 October 15:16

[David_s]

ACEparts_com said:

They moved some frieght, invoiced me, I paid.

Now they're saying they missed some of their charges off the inovoice.

Freight companies are all the same. Last year I needed some stuff airfreighting from China, I asked for and received a door-to-door quote. I paid the quoted price, and the goods were delivered. Six months later the freight company decided that they had under-quoted and raised an invoice for the new amount.... I told them to get *&%$ed, so they passed it to a debt collection agency. Next thing (well not quite, I told a few other people to get *&%$ed as well), they have issued a small claims case against me! I filled in the paperwork to defend the case and eventually the case was dropped, unsurprisingly. I had copies of my request for quotation, their quotation, my purchase order, their invoice and my payment record. They had no paperwork to support their case whatsoever but still fought right up to the small claims court.

What made it all the more inexplicable was that I had been spending at least £20k per annum with them, and every other invoice was paid in full and on time. Needless to say, I now use a different freight company.

[jamesuk28]

David_s said:

ACEparts_com said:

They moved some frieght, invoiced me, I paid.

Now they're saying they missed some of their charges off the inovoice.

Freight companies are all the same. Last year I needed some stuff airfreighting from China, I asked for and received a door-to-door quote. I paid the quoted price, and the goods were delivered. Six months later the freight company decided that they had under-quoted and raised an invoice for the new amount.... I told them to get *&%$ed, so they passed it to a debt collection agency. Next thing (well not quite, I told a few other people to get *&%$ed as well), they have issued a small claims case against me! I filled in the paperwork to defend the case and eventually the case was dropped, unsurprisingly. I had copies of my request for quotation, their quotation, my purchase order, their invoice and my payment record. They had no paperwork to support their case whatsoever but still fought right up to the small claims court.

What made it all the more inexplicable was that I had been spending at least £20k per annum with them, and every other invoice was paid in full and on time. Needless to say, I now use a different freight company.

From a debt recovery point of view, if a client had come to us with the same claim, we would have refused to act for them. Basically because it would only have a very very slim chance of being successfull. So, yes they were trying it on, and your response was spot on.

[Marcellus]

This supports my view on offer and acceptance;

David_s said:

I asked for and received a door-to-door quote.

Their offer
[quote=David_s}
I paid the quoted price,

your acceptance = contract at the offerred price

David_s said:

and the goods were delivered.

their confirmation of the contract and fulfillment of the agreed service by the vendor

Six said:

months later the freight company decided that they had under-quoted and raised an invoice for the new amount.... I told them to get *&%$ed, so they passed it to a debt collection agency. Next thing (well not quite, I told a few other people to get *&%$ed as well), they have issued a small claims case against me! I filled in the paperwork to defend the case and eventually the case was dropped, unsurprisingly.

their attempt to get more money!!

[quote=David_s}I had copies of my request for quotation, their quotation, my purchase order, their invoice

proof of the above

David_s said:

my payment record.

Your proof that you fulfilled your obligations under the contract.

[JustinP1]

ACEparts_com said:

Marcellus said:

So you're talking about a contract for a service?

how did you enter into the contract will be the crux of the answer as the points of law are the same (I believe) as it's covered by the "Sale of Goods and Services Act 19??"

Some freight arrived at heathrow, they sent me the bill for processing and delivering it, I paid it, they delivered, job done.
Nothing signed other than to say I have received the goods ta very much.

Updated to say, I've just received emails saying they've left similar amounts off four other invoices!

Edited by ACEparts_com on Monday 22 October 15:16

So did you have contact with the company before they did the job?

If you did and have any records of this then now is the time to confirm all this.

If they have confirmed with you at any time a total price for delivery, even verbally then this is binding after you have accepted their offer and they have done the job.

[Vee]

Was there a difference between the amounts quoted and invoiced ?

[Carsie]

If I remember from my Contract Law studies, an Estimate is just that whereas a Quotation is fixed ipso facto if they quoted a price and you have paid it that is the contract whereas if they estimated the costs and you agreed to proceed on the basis of the Estimate then you are liable.