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Contesting an Invoice: What You Need to Know

Didier advises you
31.08.2024

Receiving an incorrect invoice can happen to anyone. The charges might be higher than expected, the product or service wasn't delivered as agreed, or there's an error. What should you do in such cases?

If you disagree with an invoice, for whatever reason, you have the right to contest it. And it's best to do so in writing, with a clear explanation, and in a timely manner. This will help you avoid future problems. Here's how to proceed correctly and what you need to consider.

Contest the Invoice in Writing and with a Clear Explanation

First, it's important to have a solid reason for contesting an invoice. The validity of the reason always depends on the specific situation. Once you have that reason, it's crucial to contest the invoice in writing for evidentiary purposes.

You can certainly contest the invoice over the phone, but make sure to follow up with a written confirmation. The best way is to send a registered letter or certified mail. This way, you'll have proof that your protest letter was received. In your protest, clearly and unambiguously explain why you are contesting the invoice. It's also a good idea to include the date of receipt and the reference number of the invoice you are contesting.

Contest the Invoice in a Timely Manner

It's best to contest your invoice as soon as possible. This is important for both consumers and entrepreneurs. If you are an entrepreneur, the invoice must be contested in writing, with a clear explanation, and within a reasonable time frame.

The reasonable time frame depends on the nature of the contract and the complexity of the information on the invoice. The notion of a "reasonable time frame" depends on the specific circumstances. If the contest is not made within a reasonable time frame, it will be presumed that the invoice is tacitly accepted, and you will have to prove otherwise.

This tacit acceptance does not apply to consumers. Nevertheless, it is still advisable for them to contest the invoice as soon as possible and to consider the conditions of the invoice. If the invoice conditions state that you must contest the invoice within 14 days of receipt, it's best to comply.

Do Not Pay or Pay Only the Uncontested Part of the Invoice

If you disagree with the entire invoice, it's best not to pay anything, as payment is considered acceptance of the invoice. If you only want to contest part of the invoice, it's best to pay the part you agree with. However, it's important to indicate in the notification that the amount paid relates to the uncontested part of the invoice. If you decide to pay the entire invoice anyway, it's best to indicate that the payment is made under reservation of rights.

What Happens if Your Protest is Not Accepted?

In some cases, your counterparty may accept the contest, for example, if it's a simple error. Often, the error will be corrected, and you will receive a new invoice. It may also happen that the counterparty does not accept your contest. In this case, it's important to have evidence of your contest and its explanation, as a procedure may then become inevitable.

What Can You Do to Avoid Disputes Regarding Invoices?

When purchasing goods or receiving services, it's always wise to have quotes, specifications, order forms, or delivery notes drawn up before execution or delivery and to sign them for approval. This way, you won't be surprised when you receive the invoice, and you can avoid conflicts.