WA Client Refusing to Pay Old Debts?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Sinead123

Member
7 February 2018
2
0
1
We are currently chasing a number of debts from one of our clients (a property manager) as we have completed many maintenance works for them. There are 3 particular invoices we have been chasing for 2 years now.

A few months ago, one of our contacts at the company told us to credit the 3 old invoices from the system and issue another invoice to another address for the total owed. We did as they asked as we just wanted to receive payment. They then refused to make payment on the new invoice as no work was completed at the address. They are also refusing to pay the old invoices as they are saying 'the invoices no longer exist as they were cancelled by you. As the invoices have been cancelled, Colliers will not be making payment for them.'

Do we legally have right to chase these old invoices? Yes, they have been removed from our accounting system but we still have original copies.
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
2,452
514
2,894
Gold Coast, Queensland
lawtap.com
I assume that pursuant to your terms of engagement, the property manager is liable for payment of the invoices.

Reissue the 'new' invoice with the correct addresses, and state that is what they should have been in the first place. The 'error' made was due to incorrect information given by someone on their end.
 
  • Like
Reactions: Julez

Sinead123

Member
7 February 2018
2
0
1
So we are still legally within our rights to invoice the unpaid amount to a new invoice even if the previous unpaid invoice has been removed from our system? And they are still legally required to make payment?
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
2,452
514
2,894
Gold Coast, Queensland
lawtap.com
The debt remains due and owing, and is not otherwise statue barred that I can see. You can revoke and replace an invoice without affecting the legitimacy of the debt - it goes deeper than that.
 
  • Like
Reactions: Julez