Remedies for Company Misrepresenting my Company

barryt1975

Hi all,

I believe that a company is misrepresenting my company for their own financial benefit. I think they are taking a genuine invoice of mine, amending it to a much higher amount and then passing it on as a genuine invoice to another 3rd party and then picketing the difference.

assuming that this is the case, and I contact the guards and they get prosecuted for this fraud, can anyone tell me what legal recourse I may have against this company ?

can I then sue them for misrepresenting my company?

any other watch outs please?

thanks all

Jim2007

This does not make a lot of sense as you explain it... First of all why would a third party the ultimate customer I guess accept a an invoice in your name delivered by another company and pay that company rather than you? And why would this company feel any obligation to hand over any of the money they have scammed to you? You need to explain this relationship properly.

As for making a complaint to the Garda about fraud, a criminal offence, is a very serious matter and you need to have factual information to justify it, way beyond - 'I believe' and a misrepresentation of your relationship to these two parties. You can expect any defamation the results in a commercial loss will be followed up - everyone is entitled to their good name.

So explain the relationship between the parties involved in these truncations, the contractual obligations and get your facts right before you move on this.

GerardKeating

https://www.boards.ie/discussion/2058294618/remedies-for-company-misrepresenting-my-company

Your OP does not make much sense, unless you are a third party contractor. "Company A" hired you to do a job for "Company B", you invoice "Company A" and then they "Invoice B".

Assuming this is the case, If you did the work for the price you agreed with "Company A" and they paid you this amount, then it's not really your business what they charge "Company B".

barryt1975

Hi Jim, thanks for your reply, without going into too much detail, I know for a fact that wrongdoing has occurred, but that is not the reason for my question. What I really want to know is what action I can take against this company please.

while I do appreciate all responses, I am am only looking for advice in terms of actions I can take against this company please

thanks

barryt1975

Thanks Ger for your reply, but your example isn’t what happened, I do appreciate your reply, but I am looking for suggestions on what actions a company can take against another company if that company misrepresented my company for financial gain.

please feel free to reply but assume that fraud has definitely taken place, it has - any advice on what remedies a company can take is greatly appreciated

thanks

Jim2007

https://www.boards.ie/discussion/comment/120543178#Comment_120543178

We don't give legal advice here and even if we did without know the specifics of the relationship it would be impossible to do so. Consult a solicitor.

barryt1975

ok thanks anyways

Peregrinus

We're still confused as to what exactly this company is doing. They are taking a genuine invoice that you have issued, amending it to increase the amount, and then sending it on to someone else. But two things need to be clarified.

1. Who did you address the invoice to? Presumably you issued it to that person? How did this company get it? And who are they issuing it to?
2. Who gets the money? Presumably, anyone who gets this invoice and thinks its genuine and thinks it applies to them will pay your company, since your company issued the invoice?

GerardKeating

https://www.boards.ie/discussion/comment/120543193#Comment_120543193

If you invoiced another company, and your invoice was paid in full, then I am not sure if a fraud has been commited again YOU.

If a third party has submitted an invoice to your client, for the work you have done, (perhaps claiming some credit for getting you to do the work) then would the fraud not be against your client, and not you ?

Lenar3556

My reading of it is something along the lines of; The OP is a subcontractor in a given contract. He invoices the main contractor for his work. The main contractor amends this invoice and gives sight of it to his client to suggest that the OP’s services were more expensive than they actually were, with a view to the main contractor making a gain to an extent beyond what they would otherwise be entitled under the terms of whatever contract exists between the client and main contractor.

The OP isn’t at any loss and they are not the victim of a fraud. There could potentially be an issue between the client and the main contractor, but in truth that would have little to do with the OP. The OP has little or no cause of action.

Peregrinus

If that's what's going on, amending the invoice in the way suggested looks to me like forgery, which is a crime (and a serious one). So the OP could report this to the guards.

I also think we could be looking at passing off here. What is happening is that the main contractor is adding a commission to the subcontractors fee, but telling the customer that the commission is going to the sucontractor when in fact he is getting it. Thus he is presenting the service he provides (for which he is paid the commission) as being provided by the contractor. And presenting your own goods or services as being the goods or services of someone else is the tort of passing off. The OP can sue to restrain this behaviour, and/or to demand that the full amount of the charge made to the customer should be passed on to the OP.

If is was me, I would make sure (as much as possible) my invoices could not be amended easy. In other words produced by computer, with a logo, clear totals and emailed as a pdf etc.

The read issue is what happens with the invoice and the Revenue. The OP needs to protect them selves if there is an audit. In other words have proper paper work to back up the original invoice.