Dispute on paid invoice from last year

[nazzer]

Hi, I have been contacted by a company i used to provide consulting services to saying they have paid me twice. This was done in oct/nov 2019

Initially i started with one agency, then mid contract they asked me to switch agencies as they had a dispute with the original one. I did and signed the new contract. There was an overlap of dates as the new contract had a start date a week in the past ! I did make them aware of this at the time and they asked me to update the invoices accordingly.

However as there was the dispute with the original agency they asked us to fill out a spreadsheet and include any unpaid invoices, which i did and then updated as per the request when the overlap of dates was highlighted. The company payed me directly rather than through the agency. However they sent me the original invoiced amount and not the revised figure!

My contract finished in December last year and i am now consulting elsewhere. They have been in touch via email only stating they now realise their mistake, asking for the funds to be returned.

From my perspective i kind of want to tell the company to go and whistle as they messed me around so much and it was very stressful at the time.

Does anyone know from a legal perspective where i stand / where the customer stands. From my perspective all invoices have been paid and last years accounts are closed.. I think if i was to challenge the customer to show *all invoices for my services for us to conduct an investigation they would struggle as they don't seem to know their a55 from their elbow and typically are an offshore organisation and hide behind email address's.

thanks in advance. Nazzer

[BlasterBates]

You're normally obliged to pay the agency back if he overpaid. This should normally be sorted out when you check your payments to prevent these kind of problems.

I’ve Been Overpaid! What Should I Do? | Crunch

You'd need to consult a lawyer to see whether you can find an argument not to pay it back. Basically you've been paid twice for the same weeks work for which the client is normally entitled to a refund, however as you mentioned this was several months ago.

If you do pay it back you need to discuss with your accountant about how to account for VAT. Maybe you can get the agency to compensate.

[nazzer]

You're normally obliged to pay the agency back if he overpaid. This should normally be sorted out when you check your payments to prevent these kind of problems.

I’ve Been Overpaid! What Should I Do? | Crunch

You'd need to consult a lawyer to see whether you can find an argument not to pay it back. Basically you've been paid twice for the same weeks work for which the client is normally entitled to a refund, however as you mentioned this was several months ago.

If you do pay it back you need to discuss with your accountant about how to account for VAT. Maybe you can get the agency to compensate.

Hi, and thanks for your input. The more i think about this, i actually never had a relationship directly with the end client. It was always with the agencies. However when the dispute started and a risk of not being paid the client contacted us directly asking for copies upaid invoices etc and paid us directly. There was a supporting document that went with that saying in no such way we have a relationship and they were just helping out the original agency. They wanted us to sign it and send it back. I never did.

So to turn around months later asking for money back, its a bit of a strange situation. Thanks again

[BlasterBates]

Hi, and thanks for your input. The more i think about this, i actually never had a relationship directly with the end client. It was always with the agencies. However when the dispute started and a risk of not being paid the client contacted us directly asking for copies upaid invoices etc and paid us directly. There was a supporting document that went with that saying in no such way we have a relationship and they were just helping out the original agency. They wanted us to sign it and send it back. I never did.

So to turn around months later asking for money back, its a bit of a strange situation. Thanks again

Well, the fact that they transferred payment directly to you means they have a valid reason for arguing over payment, ie. it isn't simply between you and the agency. This is not clear cut, and you simply have to take your chances they don't pursue it. It is complicated, I suspect a lawyer will probably tell you the same thing.

My view would be if I was overpaid I'd pay it back, but in this case I would deduct costs to cover your accountant and VAT which you can't easily get refunded.

[TheDogsNads]

Hi, I have been contacted by a company i used to provide consulting services to saying they have paid me twice. This was done in oct/nov 2019

Initially i started with one agency, then mid contract they asked me to switch agencies as they had a dispute with the original one. I did and signed the new contract. There was an overlap of dates as the new contract had a start date a week in the past ! I did make them aware of this at the time and they asked me to update the invoices accordingly.

However as there was the dispute with the original agency they asked us to fill out a spreadsheet and include any unpaid invoices, which i did and then updated as per the request when the overlap of dates was highlighted. The company payed me directly rather than through the agency. However they sent me the original invoiced amount and not the revised figure!

My contract finished in December last year and i am now consulting elsewhere. They have been in touch via email only stating they now realise their mistake, asking for the funds to be returned.

From my perspective i kind of want to tell the company to go and whistle as they messed me around so much and it was very stressful at the time.

Does anyone know from a legal perspective where i stand / where the customer stands. From my perspective all invoices have been paid and last years accounts are closed.. I think if i was to challenge the customer to show *all invoices for my services for us to conduct an investigation they would struggle as they don't seem to know their a55 from their elbow and typically are an offshore organisation and hide behind email address's.

thanks in advance. Nazzer

The simple test here is, if you or your accountant discovered you hadnt been paid for a week, would you want paying by the agency?

Not wanting to pay back an error doesnt mean you're entitled to keep the money. You should look at your contract to see what it says about 'overpayments' and \ or errors.

If they've asked for it back and they can show they have paid you twice for the same week, Id pay it back however reluctant I was. But that's just me and I suspect you're looking for forum approval to tell them to whistle.

[northernladuk]

At what point did YOU know you'd been paid twice????

[LondonPM1]

Hi, I have been contacted by a company i used to provide consulting services to saying they have paid me twice. This was done in oct/nov 2019

Initially i started with one agency, then mid contract they asked me to switch agencies as they had a dispute with the original one. I did and signed the new contract. There was an overlap of dates as the new contract had a start date a week in the past ! I did make them aware of this at the time and they asked me to update the invoices accordingly.

However as there was the dispute with the original agency they asked us to fill out a spreadsheet and include any unpaid invoices, which i did and then updated as per the request when the overlap of dates was highlighted. The company payed me directly rather than through the agency. However they sent me the original invoiced amount and not the revised figure!

My contract finished in December last year and i am now consulting elsewhere. They have been in touch via email only stating they now realise their mistake, asking for the funds to be returned.

From my perspective i kind of want to tell the company to go and whistle as they messed me around so much and it was very stressful at the time.

Does anyone know from a legal perspective where i stand / where the customer stands. From my perspective all invoices have been paid and last years accounts are closed.. I think if i was to challenge the customer to show *all invoices for my services for us to conduct an investigation they would struggle as they don't seem to know their a55 from their elbow and typically are an offshore organisation and hide behind email address's.

thanks in advance. Nazzer

Empty the company by paying yourself a fat salary

Start a new limited company. Let them sue the old one.

I would not give it back

[elsergiovolador]

If you have been paid twice then return the money. Not sure why are you even have any doubts. Just make sure it goes to the right company.

[billybiro]

Empty the company by paying yourself a fat salary

Start a new limited company. Let them sue the old one.

I would not give it back

This.

Put the shoe on the other foot for a moment. Imagine the company owed you money. How easy do you think they'd make it for you to get that money? Now switch it back around. Keep everything above board and understand that you may well have to pay that money back eventually, but if it were me, I'd be dragging this out for as long as possible and I'd not make it easy for them at all. Remember, the longer you can keep hold of their money, the more interest you can earn on it that you get to keep.

[northernladuk]

OP.. When did you know you'd been over paid?