Originally posted by northernladuk
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Reply to: What are my options??
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Previously on "What are my options??"
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Originally posted by northernladuk View PostDon't forget to write it in bold.
He and his firm acted unethically & unprofessionally!
this?
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Originally posted by mike67 View PostHere are a few ideas for your consideration.
It is a while since I did any legal exams but one thing that comes to mind is something called "estoppel". In simple terms, this says that if someone makes a mistake and the person they inform acts on this in good faith and changes their position, they have a defence that the person cannot then come after them as a result. It is a bit complicated, but they told you the fee was £240 which you relied on in good faith and paid (or agreed to pay). With the passage of time, you probably "changed your position" in spending the money they did not charge you at the time, so arguably they would struggle to enforce it now.
Alternatively, you could argue that when they issued you with the invoice for the work at £240 with an indication that this was the full amount due (or at least with no indication that a further amount would be duo subsequently), they formed a contract with you that they would do the work for the £240 and you should only have to settle that debt.
Alternatively, as the original accountant has now left, they have no way of determining whether at the time he did the work he considered that the original charge of £240 was a mistake. He may have decided that this was a valid amount for any number of reasons - the work was easier than he expected, he gave you a discount for goodwill, he gave you a discount because he hated the accountancy firm and wanted to do you a deal. The remaining staff there may have no idea what was in his mind at the time, and hence would be on shakey ground.
Perhaps the best approach is to go back to them in writing and state that the agreed amount for the work was £240 as per the original invoice and that you require them to send you the full amount of what is owing to you within 7/14 days or you will take them to the small claims court to recover it. It may be that they just cave, or they make negotiate something in the middle.
Good luck!
Thanks for the response, based of this I have a written and letter to the both the directors and posted it via recorded delivery. let us see what is the outcome... Only thing is that I know I am right and nothing is owed from my side to them and all details are in email trail. This time He and his firm acted unethically & unprofessionally!
I feel like ...
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Here are a few ideas for your consideration.
It is a while since I did any legal exams but one thing that comes to mind is something called "estoppel". In simple terms, this says that if someone makes a mistake and the person they inform acts on this in good faith and changes their position, they have a defence that the person cannot then come after them as a result. It is a bit complicated, but they told you the fee was £240 which you relied on in good faith and paid (or agreed to pay). With the passage of time, you probably "changed your position" in spending the money they did not charge you at the time, so arguably they would struggle to enforce it now.
Alternatively, you could argue that when they issued you with the invoice for the work at £240 with an indication that this was the full amount due (or at least with no indication that a further amount would be duo subsequently), they formed a contract with you that they would do the work for the £240 and you should only have to settle that debt.
Alternatively, as the original accountant has now left, they have no way of determining whether at the time he did the work he considered that the original charge of £240 was a mistake. He may have decided that this was a valid amount for any number of reasons - the work was easier than he expected, he gave you a discount for goodwill, he gave you a discount because he hated the accountancy firm and wanted to do you a deal. The remaining staff there may have no idea what was in his mind at the time, and hence would be on shakey ground.
Perhaps the best approach is to go back to them in writing and state that the agreed amount for the work was £240 as per the original invoice and that you require them to send you the full amount of what is owing to you within 7/14 days or you will take them to the small claims court to recover it. It may be that they just cave, or they make negotiate something in the middle.
Good luck!
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Originally posted by Jessica@WhiteFieldTax View PostBy contract, I meant the overall engagement letter / terms of business.
Was there any correspondence saying there would be a £240 charge for the work? If so that's potentially a contract in right.
Thanks for the reply ..
Yes .. Invoice states "Rendered in connection with taxation work and the closure of the company" -- In month of May'2017 and in July'17 one of the director of the company sends email stating person who was dealing with the account has left and he raised the wrong fee. Actual fee should have been £600 ( 500+100) but he didn't raised any invoice with the effect yet.
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Originally posted by WilsonPiper72 View PostBut it will remain on their records and black mark against them?
Thanks for your response ... much appreciated.
Was there any correspondence saying there would be a £240 charge for the work? If so that's potentially a contract in right.
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Are they local? If they're ignoring calls I'd maybe go to their office (prepared with all your evidence etc.) And demand you speak to someone before resorting to any third party action.
Not clear what your saying in emails to them, but you need to be clear what you want and be firm. A "have you had a chance to look at this" type of thing isn't going to raise an eyebrow.
Personally I wouldn't pay any extra, you've agreed a fee and paid it. They can't just retrospectively change that weeks later.
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