Advice?

[boxman]

Hi

Interesting issue...

New contract started in Feb through large consultancy (not agency). Invoices paid monthly in arrears (thanks).

First invoice due at end of March but payment received by cheque last week and then paid again direct to my company bank account later the same week.

I told them about the second payment on the same day it arrived in my bank account but I have not said anything other than a similar amount to that which you sent me by cheque has arrived in my account today and I thought you might like to know. I haven't offered to return the funds.

I got a call today from their account people who left a message saying that I might have noticed that my Feb invoice has been paid twice and that they wanted their money back.

My feeling is that the invoice I issued at the end of March has been partially paid a little earlier than I expected and they should adjust the balancing amount due on my March invoice. March's invoice is for a larger amount than February was. As this money is owed to my company for services already rendered (and timesheets confirmed as approved) then I see no reason to refund a penny. If they went bust the day after I returned their money I'd look a real to$$er wouldn't I.

What do you think?

Boxman

[malvolio]

Not much. Are you a cowboy or a professional? Ever hear of audit trails? Fancy losing your job for taking the michael out of your client?

OK, try again. What would you do?

[ASB]

As this money is owed to my company for services already rendered (and timesheets confirmed as approved) then I see no reason to refund a penny.

No it isn't. It is owed to yourco at the end of April according to the terms you and your client agreed.

If they happened to go bust tomorrow the liquidators would have it back anyway.

By all means suggest to them that you contra it against the outstanding invoice, but it may be a fairly short conversation.

[boxman]

mmm...

Why not contribute something constructive?

I've run a successful professional consultancy business for 10 years and I manage credit with my direct and agency clients very carefully.

Why would audit trails be relevant and why would I lose my job (actually I work for my own company) and why am I taking the michael out of the client (do you mean agency)?

I'm not suggesting anything illegal (the agency has unsettled invoices due to my company for more than the amount in question). I'm not in breach of any contractual terms and what's the client got to with any of this - I don't have a personal or business contract with them.

OK, now try again or let someone answer who's got something useful to say.

[boxman]

Thanks ASB.

No it isn't. It is owed to yourco at the end of April according to the terms you and your client agreed.

Good point. My contract says that invoices are normally settled within 20 working days of the date of issuance. The date of issuance to be the last day of each month worked.

[boxman]

Sorry ASB - I forgot to go on to say that within 20 working days seems to be the operative clause. Also, my terms are strictly 30 days and indeed the contract mentions that after this period the Late Payments legislation may be applied at my discretion. Payment took 35 days so I could invoke this if I wanted to.

In case you're thinking what a thick ba$tard this guy is - then it's worth mentioning that I was had over for a considerable sum a few years back and I haven't forgotten it.

[tacpot]

It is obvious an error has been made in paying you the same amount via two seperate routes. But, you could suggest that if you issue a cheque, what with postal delays, cheque clearing and the overhead of then reconciling the incoming funds, wouldn't it be better if you hung on the cash, and they paid the balance of your next invoice when it was due...

If the next payment is due to be made shortly I doubt this will go any higher than the credit controller who is dealing with your account, so long as they expect your next invoice to be approved for payment. But the mistake may have been made by a very junior person who is now bricking themselves about whether their management will find out and won't be prepared to take risks.

If I were you, I'd make myself difficult to contact for a couple of days, before contacting them. If you next invoice has been approved by then, they should be agreeable to just sending you the balance at the appropriate time.

Wow, early payment! A first!

tp

[boxman]

Thanks Tacpot.

This is the sort of halfway house approach I was musing on. I suspect it is the person who signed off the cheque for release that will be worried!

I'm away for Easter and I will need to talk to my accountant who manages all financial issues anyway before getting back to them. I would at the very least charge a fee for bank charges plus time taken to handle the enquiry at my end. So far they've not been a delight to deal with at every turn so I'm expecting more of the same. Maybe I'll be pleasantly proved wrong

[malvolio]

OK, so go read all the advice given and tell me where it doesn't align to my original, rather abbreviated comment, based on your original post, where it appears you are refusing to refund money paid by accident to offset an invoice that has not been raised, and there is a suspicion that your client would consider that a sufficient breach of trust to terminate the realtionship.

I'm a grown up too, actually. I don't even see why you are arguing against the repayment. Tant pis...

[boxman]

it appears you are refusing to refund money paid by accident to offset an invoice that has not been raised, and there is a suspicion that your client would consider that a sufficient breach of trust to terminate the realtionship.

I'm a grown up too, actually. I don't even see why you are arguing against the repayment. Tant pis...

Fair point malvolio... except the invoice HAS been raised.