Do I have to pay this invoice?

[toddmeister]

So up until 3 weeks ago I worked for a division of a national group of companies (builders merchants amongst other things). Back in February I bought an item from the builders side on my staff account for my father who was renovating a new house. Turned out my dad's plumber had given him the incorrect size and so I returned the item within a week. They were a little awkward about taking it back as the packaging had been opened & said their supplier may not take it back. I told them ok no problem, see what they can do and let me know. I told my dad what they had said just incase he would need to bill the plumber for his mistake if my company refused to return the item.

Shortly after returning the item I received a credit on my staff account so assumed the item had been returned to the supplier and credited. I never heard anything more from the build side about the item.

Fast forward almost 4 months and I have left the company. One week after leaving I received a new invoice through the post for the item which I returned in February. On the invoice it says something like "re-invoice for item returned, supplier will not accept back for credit" or something to that effect.

I am not arguing that the item was opened and possibly had some slight marks from when the plumber was handling it. My argument however, is that now 4 months down the line, can the company legally invoice me again for an item I returned and was credited for and now no longer have in my possession? To be honest I don't think they have even tried to return the item and are just using my leaving as an excuse to claim the value of the item back.

I'm going to query the invoice with the accounts dept. but i guess before doing that I basically want to know do I legally have to pay this invoice?

Many thanks


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[S Isaac]

How much are we talking about?

You bought it using your staff card when you worked for the company? (As in put it on their account or used the card for discount and paid cash)?

I'd have thought that since they've already refunded you, they shouldn't be able to do this. It it was going to be a problem, they should have offered to try and refund it via the supplier first and then refund you. But not sure on the actual legalities of it after all it wasn't their fault and you did open (and possibly mark) an product before taking it back.

 

[toddmeister]

I had a staff credit account much like a trade account but it enabled me to buy items at cost price.

My argument is that if they had told me it was a problem at the time then my dad could possibly have deducted the cost from his plumbers bill to cover the cost.

Now 4 months later is it fair/legal to pay for an item which a) he can't use and has no requirement for as the plumber sourced an alternative & b) I don't actually physically have the goods in my possession as I guess it's still sitting in their warehouse. So effectively charging me for an item which I haven't received?

If it was only a few quid if just pay it to save on hassle but it's around £150


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[David Griffiths]

The time limit would be six years, so four months is a tiny fraction of the period allowed. You were warned at the time that the supplier might not take it back, and you've said that not only had the packaging been opened but the item "possibly had some slight marks"

I don't think that you have much defence

 

[MOIC]

As always in these types of case, we do not know the full facts.

If, as you say, your account was credited (with no other notification) then it could be argued that they have taken the item back, accepted the return and that's the end of it.

It would be reasonable to expect that if there was any problem with returning the goods, they would not have issued the credit.

There maybe a clause within your (ex) company's account that could shed some more light on this)

I would do nothing, until you hear further, then if they continue to chase, write to them with your version of events.

It's up to them to continue to chase the debt, if they feel it is payable. It is for you to defend it.

It seems, they have decided to change their mind, due to you leaving the company, which is both unreasonable and against the fact that they have already issued a credit.

Take it one step at a time.

Good luck.

 

[ethical PR]

I don't think they changed their mind as they warned the OP at the time that they may not be able to get a credit.

Also OP were you allowed to purchase items on your staff account to be used by third parties for commercial use?

 

[MOIC]

I don't think they changed their mind as they warned the OP at the time that they may not be able to get a credit.

4 months to change their mind??

 

[toddmeister]

So why credit me at the time then do absolutely nothing about it until a week after I left the company, 4 months later?

Yes I was allowed and they were aware of the end user.


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[MOIC]

Don't worry about it.

Let them take action...............If/when it arrives, challenge it.

Sounds like (very) sour grapes.

 

[Simon_H]

I think it's relevant that they took it back from you. If they are now attempting to bill you for it, the very least they should do is arrange for you to have it back again.