Illegal to send backdated invoices with late fees?

Have been sent several invoices backdated several months with £50+VAT late fees added to each!

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Hi, 

I recently started a new business and contracted a company to build me a website, with a deposit and then monthly invoices from there on, approx. 16 weeks into a proposed 8 week build, progress was very slow with no end date in sight despite the known launch date for the website being upon us.  I notified the company that I was not happy with progress and they stopped the monthly invoices.  Now in dispute over various items of the website not functioning correctly, the company has issued several backdated invoices with due dates dating back months also with added late fees on each of them claiming that these were originally generated on their respective dates but regenerated today.  This is clearly lies as the invoices are numbered consecutively with much higher numbers than other invoices previously received. 

Is this fraudulent or illegal to do this?

Thanks in advance 

Replies (3)

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By David Ex
04th Nov 2021 11:30

You need to speak to a solicitor- although, unlike accountants, they expect to be paid for their knowledge and expertise.

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By paul.benny
04th Nov 2021 12:40

David is right that you need a solicitor.

But to answer your question, it's probably not fraudulent to back-date invoices. There is no general statutory basis for charging (or not charging) late payment fees. Rather such fees are whatever is contractually agreed between the parties.

It sounds like your supplier is trying it on. But we only have your perspective on the situation; the supplier may have a different view - for example progress stalled because of some omission on your part.

It's always difficult to give advice/guidance with only one side of the story

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Replying to paul.benny:
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By David Ex
04th Nov 2021 12:58

paul.benny wrote:

David is right that you need a solicitor.

The OP could use the same solicitor who advised him prior to signing the contract that is now, apparently, the subject of dispute.

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