MakeEverything
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| posted on 17/2/12 at 10:08 PM |
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OT: Invoice Payment Terms?
Im struggling to find this particular piece of information so though i would ask here if anyone knows;
Does anyone know what the consumer rights are for payment of invoices? Ive had some work done and had an invoice requesting payment within two days
or face interest charges etc etc.
There are more elements to this, but this is the only part i am stuck on at present.
ETA: There were no specified terms at the start of the contract.
[Edited on 17-2-12 by MakeEverything]
Kindest Regards,
Richard.
...You can make it foolProof, but youll never make it Idiot Proof!...
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snapper
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| posted on 17/2/12 at 10:17 PM |
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Unless written in to the contract, 28 days from completion of works.
If its building work you forfit if you have not payed at stages as agreed.
It's complex and you have not provided the whole story
I eat to survive
I drink to forget
I breath to pi55 my ex wife off (and now my ex partner)
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austin man
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| posted on 17/2/12 at 10:21 PM |
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find problems with the work and state in writing that you will not release payment until fully satisfied of work undertaken. Payment in full usually
means acceptance. Again if no formal agreement then there should be an acceptable period between completion and payment. Businesses usually give 30
days or so
Life is like a bowl of fruit, funny how all the weird looking ones are left alone
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MakeEverything
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| posted on 17/2/12 at 10:21 PM |
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quote:
Originally posted by snapper
Unless written in to the contract, 28 days from completion of works.
If its building work you forfit if you have not payed at stages as agreed.
It's complex and you have not provided the whole story
Thanks. Its a kitchen fit over three days. Contract is with the kitchen retailer, using their nominated contractor who i also asked to undertake the
plumbing as an addition to the original contract (Specifically). No stage payments, no lengthy terms. All i got was a one line
"Estimate" for plumbing which has been done, (but there are other works outstanding) and an invoice yesterday asking for payment within 2
days which we hadnt agreed on.
The story itself is complex, hence not wanting to post it all and face distraction from the original question. There were no other agreements aside
from the price with was an estimate, but managed to stay within the price.
Kindest Regards,
Richard.
...You can make it foolProof, but youll never make it Idiot Proof!...
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MakeEverything
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| posted on 17/2/12 at 10:22 PM |
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quote:
Originally posted by austin man
find problems with the work and state in writing that you will not release payment until fully satisfied of work undertaken. Payment in full usually
means acceptance.
Thats basically what i have done, but was just wondering where he was getting his confidence to offer two days and a threat in his invoice.
Kindest Regards,
Richard.
...You can make it foolProof, but youll never make it Idiot Proof!...
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MakeEverything
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| posted on 17/2/12 at 10:24 PM |
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quote:
Originally posted by snapper
Unless written in to the contract, 28 days from completion of works.
Also, is there any legislation or guidance that i can get this from? I cant quote [Snapper, www.locostbuilders.co.uk] can i!
Kindest Regards,
Richard.
...You can make it foolProof, but youll never make it Idiot Proof!...
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big-vee-twin
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| posted on 17/2/12 at 10:33 PM |
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Construction act states 7 days after which interest can be added, this is on the statute book.
Duratec Engine is fitted, MS2 Extra V3 is assembled and tested, engine running, car now built. IVA passed 26/02/2016
http://www.triangleltd.com
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MakeEverything
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| posted on 17/2/12 at 10:33 PM |
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quote:
Originally posted by big-vee-twin
Construction act states 7 days after which interest can be added, this is on the statute book.
Excellent, Thanks.
Kindest Regards,
Richard.
...You can make it foolProof, but youll never make it Idiot Proof!...
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MakeEverything
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| posted on 17/2/12 at 10:35 PM |
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quote:
Originally posted by big-vee-twin
Construction act states 7 days after which interest can be added, this is on the statute book.
Do you know which regulation? I think i might notify the retailer that their contractor is acting illegally then.
[Edited on 17-2-12 by MakeEverything]
Kindest Regards,
Richard.
...You can make it foolProof, but youll never make it Idiot Proof!...
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big-vee-twin
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| posted on 17/2/12 at 10:42 PM |
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Sorry got that slightly wrong, thought so when I typed it. I believe its two weeks, but if your going to with hold payment you have to write to the
contrator within 7 days and tell him why your not paying, if you dont the invoice becomes automatically payable.
I ended up in Baristers chambers in London arguing this point over a 100k sum, because the company we invoiced did not issue a withholding payment
notice they were ordered to pay. They were playing a game saying we haden't completed. Barister wasn't interested if we had or haddent he
just applied the law and we got paid.
[Edited on 17/2/12 by big-vee-twin]
Duratec Engine is fitted, MS2 Extra V3 is assembled and tested, engine running, car now built. IVA passed 26/02/2016
http://www.triangleltd.com
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craig1410
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| posted on 17/2/12 at 10:44 PM |
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Hi,
30 days
See here: https://payontime.co.uk/the-late-payment-legislation-provides-interest-and-debt-recovery-costs
Where there is an agreed credit period, and the supplier has agreed, either in writing or orally, a credit period with the purchaser, the payment is
late if it is made after the last day of the credit period.
If no credit period has been agreed, then the Act sets a default period of 30 days after which interest can run. This default period does not
constitute a statutory credit period. Where no credit period is agreed in a contract, the principal debt will still become due from the moment the
goods are delivered or the service performed.
The 30-day default period starts running from the later of the actions:
the delivery of the goods or the performance of the service by the supplier; or
the day on which the purchaser has notice of the amount of the debt. A payment is late once the agreed credit period or the default period has
expired.
HTH,
Craig.
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MakeEverything
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| posted on 17/2/12 at 11:04 PM |
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Excellent, Thankyou guys.
Kindest Regards,
Richard.
...You can make it foolProof, but youll never make it Idiot Proof!...
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jeffw
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| posted on 18/2/12 at 07:08 AM |
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That act only covers commercial debt as far as I'm aware. I don't think it will cover you unless the invoice is addresses to a company.
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Theshed
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| posted on 18/2/12 at 07:23 AM |
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JeffW is correct as regards the Late payment of Commercial debt regs - the clue is in the title. I suspect that the "construction act"
referred to is the Housing Grants Urban Regeneration and Construction Act 1996 which again does not apply to "consumer" type building
work. The terms on interest in that act are to protect sub-contractors.
The first poster had it right. No terms agreed then payment must be made in a reasonable time - I would say that 7 - 14 days would be reasonable.
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bob tatt
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| posted on 18/2/12 at 07:37 AM |
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I don't know the back ground story but I'm a self employed plumbing and heating engineer, and all my invoices say payment terms seven days
from invoice date.
The majority of people pay within this period, some drag there heels so I generally wait three weeks then send a red reminder this usually results in
payment by return. The worst are businesses who will drag it out as long as possible.
If you have an issue with some of the work just give the fitter a ring and explain if he wants to get paid and keep his good name locally and with the
kitchen company he will be round pretty quick to resolve the issues.
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craig1410
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| posted on 18/2/12 at 10:50 AM |
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Hi,
Yeah the link I sent earlier is indeed only for business to business transactions, sorry.
Here is a link to the sale of goods act legislation, not sure if it is applicable but worth a read.
http://www.insitelawmagazine.com/saleperformance.htm
In particular, look at the bit about delivery and payment being concurrent but with the caveat that you have the right to inspect the goods for a
reasonable time before acceptance.
My amateur advice would be to offer to pay immediately by credit card (assuming you can do so) otherwise pay a substantial chunk (50%+) now (get a
receipt) and pay the balance on completion of any snagging. Even if paying by credit card you might want to hold a proportion back (say 15%) to cover
snagging. Also, be sure to communicate openly with the guy and suggest he might want to make payment terms clearer in future. Make sure you
don't give the impression that you are trying to get out of paying as I'm sure he will have experienced that many times before.
Good luck.
Craig.
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