Advice regarding incorrect charges on invoices, and time limit on queries.

[jambar44]

Hi,
A simple question really I am currently doing a quality of service assessment on the courier service we use for deliverys, it turns out that there are several errors on there fortnightly invoices, things such as duplicate charges overcharges even charges for consignments that don't even exist. I was planning on dealing with this on a per case basis with them to correct the relevant invoices however it turn out in that in their T&C`s it says:

"Queries relating to Invoices must be notified in writing no later than 20 days from the invoice date"

Due to this they are flatly refusing to talk about the vast majority of their "errors", does anyone have any advice on whether this is legal or anyway of getting around it.

As a second question if I have a contract with an agreed price of say £10 for a next day pre 12 delivery and the delivery does not get there in the agreed timescale yet they still charge me the £10 is there anyway I can claim the charge back in full or partially or even claim for compensation based on customer service level damage to my reputation caused by their failure.

Thank you for your help in advance

Jim

[MissFM]

Re: Advice regarding incorrect charges on invoices, and time limit on queries.

Hi Jambar

That really doesn't sound right to me....there are others on here who can say whether it's an "unfair" contractual term legally but it certainly does seem unfair.

If it were me, I would send them account sheets showing the discrepancies and then, should they not respond satisfactorily, issue a claim for the monies falsley invoiced.

[teaboy2]

Re: Advice regarding incorrect charges on invoices, and time limit on queries.

Hi Jambar

That really doesn't sound right to me....there are others on here who can say whether it's an "unfair" contractual term legally but it certainly does seem unfair.

If it were me, I would send them account sheets showing the discrepancies and then, should they not respond satisfactorily, issue a claim for the monies falsley invoiced.

No its not right, if they have overcharged you you are entitled to claim the amount over charged from the last course of action, that being the day you discovered being over charged, from that point on you have up to 6 years (i believe) to issue a court claim against them.

Also you could threaten them with breach of contract and refer the overcharging and refusal to discuss and remedy the issue with you to be a breach of the fraud act 2006. As basically they have sent you invoices which maybe deemed fraudulent as a result of the extra charges, and as such they have defrauded you of the sums equal to the total sum that the extra charges amount too. The fact there are errors and extra charges on every invoice prove it is not a simple matter of human error, but a clear attempt to defraud you.

That is my view - So no the 20 day limit clause in the contract would be unlawful and therefore void!