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Business agreement

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  • Business agreement

    I have a trouble with a satellite system company. As I am living in a flat,
    I have to deal with a company which my flat managing company suggested.

    As I cannot receive Sky digital signals, I contacted to the satellite system
    company, and they proposed a site visit by their engineer with 65 pounds,
    I agreed to pay it. Today, the engineer came and fixed it. As he requested
    an immediate payment, I requested an invoice including the explanation about
    the issue. The engineer called the contact person who had proposed the site
    visit, and then I talked with her by the engineer's mobile phone. I said
    I was happy to pay but it was when I received the invoice, but she said I
    was breaking the promise. As I had never agreed to pay without the invoice,
    as I had never agreed to pay to the engineer immediately, I said it was not
    true, I requested to give me the invoice and a report of the signal problem,
    and did not pay. Then, she became angry, and suggested the engineer to revert
    the satellite system to the original faulty condition.

    My question is

    1) Did I break the promise?

    2) Whether requesting the invoice should be accepted by the satellite
    company or not.

    3) Is the agreement, the company fix and I pay, still valid? As the engineer
    reverted to the original faulty condition, I feel they have not finished
    their obligation.

    4) When I called the satellite company, the recorded message “some calls are
    recorded to training purpose” were played, I also recorded the telephone
    conversation. Will the records help me?

    As the property management company designated that satellite company, I
    cannot change to another company.

    If I can hear your ideas, I will be very happy.

    Regards,
    Tags: None

  • #2
    Re: Business agreement

    Originally posted by ukwonderful View Post
    I have a trouble with a satellite system company. As I am living in a flat,
    I have to deal with a company which my flat managing company suggested.

    As I cannot receive Sky digital signals, I contacted to the satellite system company, and they proposed a site visit by their engineer with 65 pounds, I agreed to pay it. Today, the engineer came and fixed it. As he requested an immediate payment, I requested an invoice including the explanation about the issue. The engineer called the contact person who had proposed the site visit, and then I talked with her by the engineer's mobile phone. I said I was happy to pay but it was when I received the invoice, but she said I
    was breaking the promise. As I had never agreed to pay without the invoice, as I had never agreed to pay to the engineer immediately, I said it was not true, I requested to give me the invoice and a report of the signal problem, and did not pay. Then, she became angry, and suggested the engineer to revert the satellite system to the original faulty condition.

    My question is

    1) Did I break the promise?
    What promise?

    2) Whether requesting the invoice should be accepted by the satellite company or not.
    I can imagine a few reasons why a company might not wish to issue an invoice stating the cause of the problem; one is that the stated reason is inaccurate and the company is overcharging its customers or charging for work not needed. In your case, however, it would appear the work was being done "off the books", either as a means for the repair wallah to boost his income at the expense of his employer or, if he runs the company, as a way to avoid paying tax.

    You might like to contact HMRC, as the property manager may have done that with other tradesmen in return for a cash-in-hand "referral fee".

    3) Is the agreement, the company fix and I pay, still valid? As the engineer reverted to the original faulty condition, I feel they have not finished their obligation.
    Correct - the putative engineer has not fulfilled his part of the contract, so there should be no obligation for you to pay for work not done.

    4) When I called the satellite company, the recorded message “some calls are recorded to training purpose” were played, I also recorded the telephone conversation. Will the records help me?
    With what would you hope the recording(s) might help?

    As the property management company designated that satellite company, I cannot change to another company.
    Why not?

    Comment


    • #3
      Re: Business agreement

      Dear CleverClogs

      Thank you for your reply so much!

      > 1) Did I break the promise?
      >
      > What promise?

      What I promised was I pay. I did not discuss the time when I should have paid, because they did not inform they wanted me to pay to the engineer as soon as the engineer finished the work, they did not request me to pay before I receive the invoice.

      > 2) Whether requesting the invoice should be accepted by the satellite company or not.
      >
      > You might like to contact HMRC, as the property manager may have done that
      > with other tradesmen in return for a cash-in-hand "referral fee".

      Thank you for your advice, I will enquire HMRC whether the VAT registered company must issue the invoice if customer requests, and whether it is regulated or not.

      > 3) Is the agreement, the company fix and I pay, still valid? As the engineer reverted
      > to the original faulty condition, I feel they have not finished their obligation.
      >
      > Correct - the putative engineer has not fulfilled his part of the contract, so there should
      > be no obligation for you to pay for work not done.

      Sorry for one more question, will I be able to request them to complete the work? If the agreement is still valid, I will naturally feel I can request them to complete their obligation, fix the issue.

      > 4) When I called the satellite company, the recorded message "some calls are recorded
      > to training purpose" were played, I also recorded the telephone conversation. Will the
      > records help me?
      >
      > With what would you hope the recording(s) might help?

      The satellite company may say they had informed me to pay without giving me the invoice, or they may say they had informed me to pay to the engineer immediately when he finished the work.

      > As the property management company designated that satellite company, I cannot
      > change to another company.
      >
      > Why not?

      The property is share of freehold, the shareholders of the property management company is people in the flat. They allow only that company to access to the system, they do not want other companies to touch.

      I will be happy if you let me know your ideas.

      Best regards,
      Last edited by ukwonderful; 25th June 2011, 17:44:PM.

      Comment

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