Fraud and business crime question:

A company we have never heard of has sent us an invoice for work we have no knowledge of. When we contact them to find out what the invoice is for they refuse to give us details. Is this a scam? Can they withold information from us in this way?

posted in Fraud and business crime | 1 response

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Responses:

Daniel Stanton

Daniel Stanton's response

An invoice is "a list of goods shipped or sent with prices & charges." (Concise Oxford Dictionary) or "a list of goods supplied, delivered with the goods and giving details of price and quantity, usually treated as a request for payment" (Chambers).

It is accordingly a request for payment as a result of goods provided, rather than a contract for the supply of those goods. Without evidence of an oral or written agreement, I cannot see how you can be pursued for payment, as it is the contract that is the basis for the obligation to pay.

Do bear in mind that a contract could have been made on your behalf by an employee of someone authorised (or someone who appeared with good cause to be authorised) by you, and that partners (in the business sense) and directors of companies have the authority to bind their partners or the company as the case may be.

Without evidence of the contract (including the nature of the goods supplied), I cannot see how this company would succeed in obtaining judgment in Court against you, but you would be best advised to take legal advice as soon as any suggestion of Court proceedings is made so that appropriate detailed advice can be obtained and if necessary, a vigorous defence to anyt claim can be prepared.

Hope this helps. If you need to go further with this, call me.