Unpaid invoice

[Spindelina]

We had some work done in 2014. We have two paper invoices, one for a deposit of £1k and one for final payment of £3k less £1k deposit = £2k (all figures approximate to give scale).

We got an email today saying the company's accountants have flagged up that the deposit wasn't paid. The company are a bit confused - they wouldn't normally proceed without a deposit - but they can't find evidence of payment and have asked us to look and let them know how and when we paid. We can find evidence of other payments (before and since) but not this £1k.

It is conceivable that we paid out of a now-closed account, but most likely we didn't pay that deposit.

Where do we stand? They are a good local company with whose work we have been happy, and who we will probably use again in the future. But we can't afford to pay them £1k at this precise moment. Probably in about three months we could.

How do you think I should reply to their email? Am I generously offering to pay them in the nearish future, or am I begging them to let us off the hook for another few months?

You're liable for 6 years under contract law, so if you didn't pay you will still need to.

The bank should be able to give you details of transactions on your closed account, so obviously check!

I'd respond for now saying you believe the payment was made from an account which has now been closed, and you have asked the bank to provide details from their records.

That should buy you time so that even if you do end up paying you'll have a while to get the money together.

You acknowledge that you need to pay. Tell them when you can do so.

We stalled for a few days, then emailed them to tell them that we didn't think we'd paid them either, by which time they were shut for Christmas.

We worked out that in fact we could afford to pay them now, so when communication recommenced, we did.

Thanks for your advice.