Legal advice appreciated on incorrect billing

Pulsar

Well-known Member
Hi,

I would appreciate some advice (especially from someone in the know) on the following situation.

I got married 3 weeks ago and the hotel where we had the reception sent me an invoice for the full bill some 4 weeks prior to the event. I duly called and paid the bill in full and everyone was happy.

I returned from my honeymoon on Sunday to find a letter stating that the invoice I paid had been incorrectly typed and they had undercharged me by some way. They apologise for the error and are asking for the amount to be paid as soon as possible.

What is my legal position here? Do I have to pay the money?

Thanks in advance for any replies.

Cheers

Rob
 

Sporran

Well-known Member
im sure there are more knowledgeable people on this subject than me, but i always thought if the invoice had E&OE on it, then they could argue it was a mistake.

Did you have a written quote before the event which you can compare to the invoice as some form of argument?

Just did a search

http://en.wikipedia.org/wiki/E&OE
 

dognosh

Active Member
my opinion has nothing to do with the law side of things.

If they quoted you and charged you but later realised they quoted you wrong then I would say tough luck to them.

if they quoted you and charged you less than the quote then IMHO the only correct thing to do is pay up
 

Pulsar

Well-known Member
Sporran,

The invoice does not have E&OE on it anywhere.

Here is some more detail on the situation.

We went to the hotel and discussed what we wanted. They quoted figures per head and we told them the numbers we wanted. They then sent us (approx 4 weeks later) an invoice detailing what we had asked for (itemised with sub totals for each item) and a Grand Total at the bottom. I called to pay the bill and paid the amount listed as Grand Total. As far as I and they were concerned the bill had been paid in full.

In the letter I received the other day they say there was a typing error in the total section of the invoice and they would like the extra cash.

The issue I have is that I had a set amount of money set aside for the wedding and honeymoon and during our 2 weeks in Italy we made sure we spent every penny having a great time. It would be very difficult to just pay up the money, and I feel that they are the ones who made the mistake so why should I be the one to suffer.

Thanks for the replies thus far, keep 'em coming. :smashin:

Rob
 

alnwrd

Active Member
We are talking contract law here. Part of a valid contract requires an offer in this case from the hotel "quoting" a price, and you accepting that price. The invoice is not particularly relevant other than it lists the offer which you accepted and paid. The hotel cannot subsequently decide that they made a mistake and demand more money. Point this out to them and do not be threatened. If they take legal advice, their solicitor will tell them that they have no chance in recovering more money from you, after all you can argue that you would not have accepted their offer at the price that they are now trying to charge.
 

pjclark1

Well-known Member
If you buy a TV set, pay then take it home, they can't say it was mispriced 3 weeks later and ask for the extra money.

This is exactly the same situation, they billed you, you paid and had the product ..... end of story.
 

Sporran

Well-known Member
i suggest having a word with your local trading standards department tomorrow and get their advice.

It certainly wont do them any favours particularly with word of mouth, even if they are in the right!! Remind them of that.
 

dazzafact

Active Member
Sporran,

The invoice does not have E&OE on it anywhere.

Here is some more detail on the situation.

We went to the hotel and discussed what we wanted. They quoted figures per head and we told them the numbers we wanted. They then sent us (approx 4 weeks later) an invoice detailing what we had asked for (itemised with sub totals for each item) and a Grand Total at the bottom. I called to pay the bill and paid the amount listed as Grand Total. As far as I and they were concerned the bill had been paid in full.

In the letter I received the other day they say there was a typing error in the total section of the invoice and they would like the extra cash.

The issue I have is that I had a set amount of money set aside for the wedding and honeymoon and during our 2 weeks in Italy we made sure we spent every penny having a great time. It would be very difficult to just pay up the money, and I feel that they are the ones who made the mistake so why should I be the one to suffer.

Thanks for the replies thus far, keep 'em coming. :smashin:

Rob

What kind of mistake was it Rob; was it a Total error from adding the subtotals up or was it a price per head error?
 

Mr Incredible

Distinguished Member
If it is just an error in the total but the details are correct, then I think it is only fair that any discrepancies are put right. After all, what would happen if the totalised sum had been typed incorrectly and was too high and you had paid too much. Would you expect the hotel to give you a refund for the difference on the mistake? I think so. IMO the reverse should be true as well.
 

Geege

Well-known Member
I'm no expert in contractual law, but it seems you should have a good case if you wish to dispute the "extra charge". Seek advice from your local citizens advice, trading standards department perhaps.

Can you scan the original letter so we can see the wording, ommitting personal details and post on here??
 

unique

Moderator
don't pay the bill, refer the issue to your local citizens advice buro for advice. dig out and hold onto any other correspondence you have on the matter
 

shahedz

Distinguished Member
If it is just an error in the total but the details are correct, then I think it is only fair that any discrepancies are put right. After all, what would happen if the totalised sum had been typed incorrectly and was too high and you had paid too much. Would you expect the hotel to give you a refund for the difference on the mistake? I think so. IMO the reverse should be true as well.

i am in agreement with Mr Incredible here should the case be as described above, again if it is purely a type error then do you have such a strong case? especially if you verbally agreed a price/contract/?

if the case is as above it's not an "extra " charge, you simply have been undercharged
 

Pulsar

Well-known Member
To clarify further a bill was received with now apparent correct sub totals but an incorrect total. They have called it a typing error, but I can't see it being that as the figures are nowhere near, more like poor addition.

I think I will contact them and see what they say. I don't mind paying some, but I think a compromise is in order as they have messed my finances around with their 'typing error'.

Thanks again for the replies. If it doesn't go as planned i will try some of what was suggested.
 

dazzafact

Active Member
I think you would have to pay the full lot if the sub totals were correct, as it is quite clearly a mistake. Were you quoted the same as what they are finally demanding? At most you could expect is maybe some time to pay back what you owe, but I think they will be well within their rights to recover all monies.

Soz mate.
 

shahedz

Distinguished Member
i don't think you can blame them for messing your finances a bit, to be honest if i agreed on a price and then an invoice came through for cheaper, i would query it.
I wouldn't pay the lesser amount on the invoice hope for the best and spend the money i had put aside as some sort of bonus.
 

FaxFan2002

Well-known Member
Quote the guy with a TV,

if you bought a TV, stand and some cables from Currys :rolleyes: and the total bill was incorrect but the each item was correct and you paid the bill would you really accept them coming back to you 3 weeks later asking for more money? Tough one... not sure what I'd do either.
 

shahedz

Distinguished Member
Quote the guy with a TV,

if you bought a TV, stand and some cables from Currys :rolleyes: and the total bill was incorrect but the each item was correct and you paid the bill would you really accept them coming back to you 3 weeks later asking for more money? Tough one... not sure what I'd do either.

I would pay it and I am not taking the mick either, if something important as my wedding was involved and i realised and the total was different to what i had agreed i would mention. Again if i had sat down with a salesman at currys , agreed a package on a TV if it came to paying for it 2 weeks later and the price differed to what i had agreed i would query it.

Or if i didn't query it and i tried my luck if it got bought up a few weeks later i would pay up,
 

FaxFan2002

Well-known Member
I would pay it and I am not taking the mick either, if something important as my wedding was involved and i realised and the total was different to what i had agreed i would mention. Again if i had sat down with a salesman at currys , agreed a package on a TV if it came to paying for it 2 weeks later and the price differed to what i had agreed i would query it.

Or if i didn't query it and i tried my luck if it got bought up a few weeks later i would pay up,

I think you have your answer then, if your finances are a bit on the slim side I'd say to them fair enough but I'll need sometime to pay given you've just paid for a wedding and honeymoon. I'm pretty sure they'd understand and be happy to be paid.
 

Solomon Grundy

Distinguished Member
Given that they had quoted you a "per head" rate you would have done the calculation yourself and known how much the bill was going to be. If you then saw the Grand Total as being a long way different, didn't query and tried to get away with it you have just been found out. The Sub Totals show the correct amount and that is what should be paid. If this is a "more fool you for not being able to use a calculator" scenario (which is how it comes across) on your part then best of luck with the scam, we all need a break sometimes.
 

Pulsar

Well-known Member
Hi guys,

Thanks for the replies. Not sure exactly what I'm going to do, but I'll let you know the outcome whatever happens.

Thanks for the congrats on getting married. I must say it was an amazing day (greatly exceeded expectations) and I know we have done the right thing. After a shade under 8 years together it seemed like the decent thing to do anyway. ;)

Cheers

Rob
 

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