Outstanding inv's, my rights, disputing/mis-sold? & harassment

[Anon666]

Hi,
Im new here so please bear with...
We're a new co that could only get trading for first time beg of last Aug after the big lockdown. Our issues are with a 'printers'.

Overall we have paid over half their inv's. Since the new year started we havent been working and have had to lock down and self isolate due to family member catching covid and me being in the office for a couple of days. So not been looking at emails and put bus mob to one side etc

Viewing work emails yesterday and I seriously need help-advice with the following

1, Mis-sold?
We were told (not got in writing) that them in question had an in house design team & they sorted the priting at their place because every man and his dog knows using a middle man costs more right? Well they use a freelance designer and outsourced all the printing, im talking several different publications and alot of monies worth
For one of those publications they were delivered with another printers name all over the boxes etc, not only that early days we said specifically we didnt want to approach said printers due to some history previous employment etc
There is no written signed contract only email agreement, the price also changed, 3 times, northward in their favour. We were to far down the line at this point though so had to go along with it. Bear in mind one of the quotes came from their MD who really should not get it wrong and know what he is talking about you would expect
They even have the word print in their co name when they are just a message relaying service. I realised the first time I saw their 'in house' designers email. I understand to get the business they wont say they just relay messages to printers and freelance designers but surely when asked directly they have to say?
Have we been mis sold here?

2, My rights?
If we have been mis sold where do I start with that and are they allowed to make out that they are not just a glorified message relaying service?

3, Harassment?
As mentioned, I only got back to work stuff with the personal things going on with family member(s) catching covid. I had numerous miscalls on my work mobile from different numbers (all from them), voice mails and a few emails all in relation to several inv's they wanted paying by the end of Dec.
The email in question which arrived at 3 pm Fri literally reads as...
"if I don't get some form of contact Today, I will put this into the hands of our financial recover agents. The balance will increase then so if you can come back to me before this that would be good as once they have it its out of my hands."
This is the first 'warning' in relation to debt collectors getting invloved/being mentioned and surely I need more notice than that and and an official letter or something?
If he hasnt/cant prove he went through with it (if he can give such little warning) and getting financial recovery agt's involved this is surely an idle threat/meant to alarm threat which is harassment?
He also called me last Autumn going absolutely mental and was very aggressive (over a payment plan I'd proposed, that he suggested to put together, without giving me any no's to work with) until I put him in his place.
Is this harassment & can he refer to debt collectors with such little notice?


Again, we're talking large amounts of money and overall we have played ball and they have received over half of all owed. They have basically nearly doubled all what inv's should have been for relaying messages, which we didnt need obv but that was NOT made clear. All the above has happened and not once have we said we aren't paying or questioned ANY invoice.

We're very young co, cash flow etc normal things so do I have any case with all of the above?

If any of you can help/give advice and are kind enough to reply please link to this information if you have it

Thank you

 

[Mr D]

Nothing in particular screams that you don't owe the money.

You could if you really wanted to spend money on legal bills have a go at them legally through solicitors letters regarding how they present themselves. But what is a win? Getting them to change their advertising? Being more up front with other clients?
Nothing by the sound of it affecting your debt.

As they don't suit what you want, move on and use a different company. Surely there are enough out there that either do have in house design or else are up front about what they do.


On another point, your personal problems and ignoring the business is not the creditor's problem. If your business cannot pay its bills is it insolvent? If it is then you need to take professional advice. There are some insolvency practitioners on the forums, well respected members who can advise better regarding options (of which insolvency may be one).

You don't mention how old the debt is - so possible as its not been paid and phone calls and emails aren't generating a payment that yes debt collection will be next stage.
If say a 30 day invoice and its a week overdue then would say a lot of calls and referral to debt collection is probably too soon. If its 2 months overdue then to be honest I'd have expected lack of response to start debt collecting earlier.

However if you look like a business that is not going to pay them then not a lot of choice for them in the matter. A percentage of something is better than nothing.
If you can't afford to have credit, don't take it.

 

[Newchodge]

If using external designers and so on has a detrimental effect on the work produced, you may have some case against them, but, unless there is some form of detriment you cannot take any claim.

You owe them a large sum of money, according to you. Pay it when it is due or they can take any legal kind of recovery action they like.

If they increased their prices you had a choice - refuse to pay the increase, negotiate or take your business elsewhere. These options wree only available at the time you were notified of a price increase.

A business turning off all forms of contact for 2 weeks is not a well-run business.

 

[Alan]

1, Mis-sold?

You are a business not a consumer, you have no protection. It is assumed businesses are able to do due diligence, negotiate contracts etc.

2, My rights?

See above. Your rights are in the detail of the contract. You had no written contract so basically you will have a hard time arguing that the contract ensured an in house team.

3, Harassment?

This is not harassment, this is debt collection. Your business owes money. If you ignore this eventually expect the final harassment will be the bailiffs seizing business asses or the business being forced into liquidation.

If you can't pay and they don't care about payment plans, tell them you have no choice but to start the process of liquidating the company. they may change their tune and offer a payment plan or they may not.

 

[Anon666]

Ah okay guys, thank you for your responses

 

[Deleted member 59730]

Was the printing faulty because they did not carry out your instructions?

I once rejected a £17,000 print run because of faulty binding.