Corporate Law Billing Mistake/Error what is our recourse

[deca1975]

I am part of a Non-Profit Corporation in NYS.

We have an ongoing relationship with a vendor.
A billing mistake back in 2003 was recently discovered.

It seemed that the vendor coded an invoice wrong and gave the impression that we were renting items from this vendor. The vendor sent monthly bills for the "rental" that was not caught, as we though they were other services provided by this vendor. Since October 2003 we have been paying $91 a month for something we did not have or use.

The vendor has admitted that there was an error on their part however they only willing to compensate for a very small portion of the error. My question is under NYS Gen Business law or any other applicable law; can we seek full reimbursement of the erroneously billed monies?

 

[army judge]

Yes.
This is too complicated for you to handle.
Speak with a local attorney.
It isn't a great deal of money, so why ask them to refund you $2,800.
They owe you less than $3,500 in total.
You'll eventually get your money back, but it will be months, if not years.
See if you can get 75-80% of the debt today, rather than 90% in two years, maybe.

 

[deca1975]

Thanks for the reply:

We are going to ask a local attorney, but wanted to see if it was a waste of time or not.

But sir I do believe you are a little off with your figures:
The error started in October 2003 78 months to April 2010 @ $91.00 = $7098.00

That's why I posted the question...

We would entertain a credit for services and equipment in trade for money owed, however I feel right now what they are offering approx $2000 is way too low to entertain.

 

[army judge]

Thanks for the reply:

We are going to ask a local attorney, but wanted to see if it was a waste of time or not.

But sir I do believe you are a little off with your figures:
The error started in October 2003 78 months to April 2010 @ $91.00 = $7098.00

That's why I posted the question...

We would entertain a credit for services and equipment in trade for money owed, however I feel right now what they are offering approx $2000 is way too low to entertain.

I misread it.
I thought it was only for 3 years.
So, its about seven grand.
I agree 2 grand is too low.
Would you take four grand today?
The lawyer will charge you at least $2,500.

You might want to speak with the local prosecutor.
This could be considered a fraud or unjust enrichment matter.
This could cost them more than money.
Speaking to the DA won't cost you a dime.
Some DA's (in small towns) will even call the other party.
That usually gets them to cooperate.

You can also sue them yourself in small claims.
It costs you nothing but your time and isn't complicated.

If you have business and payment records, you'll win hands down!

 

[deca1975]

DA really? Humm, didnt think of that angle, as how would I prove that there was an act of fraud on their part and not a simple billing error? Please explain "unjust enrichment matter" ??

Well, I'm not in a small town, actually part of NYC, Queens County to be specific, and the vendor is outside the NYC limits in Suffolk County, but has facilities within the city limits.

I was thinking high 5k to 6k range, or a lower cash settlement w/ a credit for future service/ equipment.

If we were going to the courts I think we rather have a lawyer than go it ourselves..

My main objective here is to see if it was worth going to the lawyers office in the first place, and to get some background so we have a better understanding of our legal standing.

 

[deca1975]

If you are interested I can Private you more specifics….

 

[army judge]

People correct mistakes when they are pointed out to them.

What would they do if the shoe was on the other foot?

They'd howl like monkeys.

Unjust enrichment is taking something you are not entitled to have, "your payments".

They billed you for 7 years, for somthing they failed to provide.

The bills kept coming, but the merchandise didn't.

Call it whatever you want to, but it isn't a mistake.

 

[deca1975]

Very Very true,

 

[deca1975]

Damn, cant private message you till my post count hits 10... ARRUGH!