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Where do we stand legally?


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Hi, can anyone offer some advice?

Two years ago we contacted a company, well known to the shoe repair industry, asking them to come and repair our machine. They were told what needed doing and what parts were needed, (the boss used to be a shoe repair machine engineer). Over the course of the first year there were several, often unannounced, visits, usually without the appropriate parts and the job was never finished. In the last year we have not seen or heard anything from them. So, having got fed up with using a machine that did not work properly, we got another company in to finish the job. This took one visit of no more than 2 hours.

Today we have received an invoice from the original company for a staggering amount. Now, I am sure that I have heard somewhere that if you do not receive an invoice for a job within a year, then you have grounds not to pay it. I certainly think that the boss should dispute it anyway.

We would be interested to hear your views.

Many thanks, Valerie

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Sounds like the service plan from hell.

Did you log all the visits, what was done & not done etc?

If an Engineer was not called and no verbal arrangement was made at the previous visit then I would deduct that visit time from the Invoice with a covering letter (copies retained).

IF they were "in the area" and called upon you then charged for the visit, then that is a little bit naughty.

I notice that you are some considerable distance from the main group of Engineering Service companies and I would expect that none of them would send an Engineer out to your location without confirmation, that is why I'm thinking along the lines of "in the area".

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as much as I would like for you to name and shame them thats not the way to do it.(yet)

please contact them and then see where you stand.

If then you dont get anywhere please come back and then see what the forum can do for you. :wink:

as always there are two sides to a story.

Siserve always call me when they are going to be passing(usually on route to Ireland) and if anything needs doing they get the job, if nothing needs doing they get a cup of tea then they are on there way again. This is a very good working relationship and cant thank the boys at Siserve enough as they always call.

so go away and speak to your firm and see what the score is then tell us who they are as i would like credit terms of 365 days :D

carry on!

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I agree with Jo, have a sensible chat with who-ever owns the company, and try to come to an agreement. You will probably be surprised at the outcome, without having to get all hot and bothered.

Personally I wouldn't have let the situation go on for so long. I would have put the block on the original job and got someone else in as soon as I realised they couldn't forefill your needs. lesson learnt.

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As I suspected, there is an awful lot more to this story. I have requested the customer to contact me and I wait to hear what they have to say. What is strange, is that there is only one service call out charge attached to the invoice, 4 hours labour and it was dated 3rd Feb 2010 :?

 

The machine in question is a very old Dutch machine which has been very problematic, especially where parts are concerned. I shall refrain from further comment until I have spoken with Mark himself.

 

Keith

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Apologies Valerie, that should read 'odd' in that it is one of only 'one' in the country and I meant 'problematic' as in, obtaining the correct parts from their source. I look forward to speaking with Mark.

 

Incidently, did Mark speak to our service or accounts departments before your post?

 

Keith

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By the opening post, (Were do I stand legally) and were we are at at the moment, I can only assume you didn't contact the company involved to settle your issue Forest Cobbler. Which in my opinion should have obviously been your first point of call.

 

The forum isn't the place to try and discredit other parties, especially as it appears there are two sides to the storey. I would recommend you chat with keith who is, and has always been a credit to his company and the forum.

 

Legal procedings work both ways, and at this stage is silly to even contemplate such actions.

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Hello Planet uk900.

I did not set out to discredit anyone, which is why I mentioned no names. I was purely trying to confirm or not, something that I believed I had heard about not having to pay an invoice that arrives so late after the event, and I thought that the forum, being so full of knowledgable people would be one place to start. Also I thought that if we had an answer to that question before the boss phoned the company involved, then he would know where he stood. I am sorry if my post has been misconstrued, perhaps I could have worded it better.

Valerie

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Yes I think you could have worded it better if you truly didn't want to discredit the company.

 

Just my thoughts on your legal rights not to pay the invioce though.

 

I'm not sure if there is a law that entitles you to non payment, but if there is, I wouldn't enforce it because I believe in trying to run a business on an honest platform.

Just because you can, doesn't make it right, and I don't belive it is an ethical way to run a business. But some people will do anything to eacape there moral obligations.

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Valerie surley you must have known that the company involved was a sponser of the site and your post would be read by Keith, who has had the balls to come on and name his company as the one involved, even though you did not name them. And as planet said Keith is well respected. I would have tried to resolve the issue with said company first and would have not left it a year before contacting them. Also if I was a shoe repair machine engineer I would have tackled the job myself.

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Ok. So I have got this very wrong and I apologise, had I thought about it properly then of course this wasn't the place to ask. And yes, the boss should have chased it up sooner but he didn't. As to doing the job himself, if he could have got the parts he would have.

Here's hoping I haven't burnt my bridges with you lot because I'm sure to want to ask for your advice or help at a later date.

Regards, Valerie

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Apologies Valerie, that should read 'odd' in that it is one of only 'one' in the country and I meant 'problematic' as in, obtaining the correct parts from their source. I look forward to speaking with Mark.

 

Incidently, did Mark speak to our service or accounts departments before your post?

 

Keith

 

 

hmmm but someone did fix it.

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