Hi Everyone,
We completed some work for a customer back in Feb this year and since then they have failed to pay the invoice. It's well over £1000-00. Luckily, we factor all our invoices via a company that a) chases overdue invoices on our behalf and b) provide us legal cover should we require it.
This has now gone to court/legal stage and they have suddenly put in a counter claim/dispute stating that they shouldn't have to pay as the goods were 'late'. I have provided evidence to our solicitors of our T&C's that state we don't guarantee delivery dates and also communication showing I provided these terms to the client. I also have emails that don't dispute the amount owing but simply say they were in financial difficulty and couldn't yet pay.
My question is: can they win the case with a dispute of that kind? How would a judge look at that kind of counter claim. We are a reasonable company and had they come to us at the time and said they were not happy with our service, we possibly would have offered them a small discount, but they didn't. So where do we stand getting our money?
Many thanks