Unlawfull admin fee charge?

[TheCyclingProgrammer]

I’m a bit confused as to why they’ve invoiced you for the overpayment - it’s not a sale. I would have expected the correct procedure to be for you to issue a credit note for the original invoice and reissue a new VAT invoice for the correct amount then simply refund them the difference. Why this would require an invoice for them or indeed an admin fee is beyond me.

[cooperphillip]

I've paid the amount I owe them today and have sent a letter by recorded delivery stating that I don't owe them any admin fee and asking them to stop contacting me regarding it unless they can provide me with evidence as to my liability.

I'll post the outcome on here (for anyone who might be interested).

Thanks

[oilboil]

They can't enforce it without taking you to court. I presume it's a <£100 admin charge? Just pay the money you agree you owe, tell them you dispute the admin charge as there's nothing in the contract about that, and they'll waive it - it's just not worth them chasing you for it, as there's not enough certainty of a win, and it'll cost them time and effort. And then ditch them as soon as you're contractually able - they're clearly idiots.

Why are they clearly idiots? Only one party in this relationship sent a factually incorrect invoice to another. The party who has done nothing wrong paid the invoice in good faith and on time.

They aren't idiots ... the person who sent out a request for payment that was wrong on the other hand ............................

[northernladuk]

Fingers crossed they make a mistake at some point in the future. They may ask for £YY compensation. Wait till they see what compensation is required to cover a contractors time and inconvenience.

[NotAllThere]

Why are they clearly idiots? Only one party in this relationship sent a factually incorrect invoice to another. The party who has done nothing wrong paid the invoice in good faith and on time.

They aren't idiots ... the person who sent out a request for payment that was wrong on the other hand ............................

They're idiots for adding on an admin charge that they're not entitled to add.
They're idiots, because for the sake of a few quid, they're risking jeopardising a relationship with a supplier who is contributing to their profits.
They're idiots, because they haven't simply followed TheCyclingProgrammer's process.

But primarily they're idiots because they're recruitment consultants. Just out of curiosity, have you been contracting for long?

[BR14]

They're idiots for adding on an admin charge that they're not entitled to add.
They're idiots, because for the sake of a few quid, they're risking jeopardising a relationship with a supplier who is contributing to their profits.
They're idiots, because they haven't simply followed TheCyclingProgrammer's process.

But primarily they're idiots because they're recruitment consultants. Just out of curiosity, have you been contracting for long?

i hate it when this happens, but..........

[cooperphillip]

For anyone who's interested - the recruitment agency replied by email to my letter, saying that it took them time to chase up the expense error, so I should pay them an admin fee.

I will be writing to them today, stating that due to them failing to provide evidence to my legal liability to this debt, the matter is now closed and I will not be communicating with them again regarding the matter.

Hopefully that should put an end to it.

[Lance]

For anyone who's interested - the recruitment agency replied by email to my letter, saying that it took them time to chase up the expense error, so I should pay them an admin fee.

I will be writing to them today, stating that due to them failing to provide evidence to my legal liability to this debt, the matter is now closed and I will not be communicating with them again regarding the matter.

Hopefully that should put an end to it.

seems unlikely.
You send them a legally incompetent letter by registered post. They simply send an email.
They can play this game for a long time. They could even withold a payment to you which is likely to be a greater amount.
How much time do you want to waste on this? Assuming it's less than £100 you're already losing more than the fee with the hassle.

Why not offer them half the admin fee, as a goodwill gesture, and get on with your life?

[wattaj]

...get on with your life?

Sage advice.

[eek]

seems unlikely.
You send them a legally incompetent letter by registered post. They simply send an email.
They can play this game for a long time. They could even withold a payment to you which is likely to be a greater amount.
How much time do you want to waste on this? Assuming it's less than £100 you're already losing more than the fee with the hassle.

Why not offer them half the admin fee, as a goodwill gesture, and get on with your life?

Why bother replying at all.

As with other fees that are not mentioned in the contract it's a matter of waiting for the small claims court claim to appear (it won't).