Due date

We recently supplied a contractor to a client on a commission basis and had to rely on the client/contractor to tell us the days worked so that we could raise invoices.

The first few months went OK but then in September we were told by the client (and contractor) that the arrangement had terminated. However, three months later we found out that the arrangement was still in place so we raised invoices for September, October and November along with interest and compensation based on the contractual due dates (last day of each month plus 14 days).

The client's solicitor wrote back stating that because we dated the invoices on the date they were raised and our claim was made within 14 days of that date we could not claim under the Act. They then promptly settled the invoices at face value.

Is this correct? I seem to recall a legal principle along the lines that 'no-one can benefit from their own wrong-doing'. I also wonder what would have happened if I had back-dated the invoices to the relevant month ends.

Unfortunately we think the solicitor might have found a "get out" clause in this particular instance.

Given that they paid the invoices almost as soon as they were presented we doubt you could argue they were late for the purposes of the legislation.

You could theoretically argue the point in court if you issued proceedings for the costs and interest, but we wouldn't recommend it.

Our suggestion would be to write it off and put up the prices for this client if they return ;)

OK, thanks for your response. I am at least wiser for the experience.

Andy.