When can I “pay under protest”?
Whenever there is a dispute about the payment due, for example how much the bill is, or the standard of work you are paying for, you have the right to pay an invoice “under protest”.
What does “paying under protest” mean?
If you are disputing the monies due, paying under protest reserves your right to contest the bill after you have made the payment. This indicates that you are not accepting the charges, and the business should expect you to take this further.
“Paying under protest” does not offer a guarantee that you will get your money back.
Why should I “pay under protest”?
In any dispute, both sides are expected to keep their losses to a minimum. Paying a disputed amount under protest helps to ensure that your costs don’t rise (e.g. on-site storage fees or car hire charges), and that you’re more likely to get losses back, if your claim should be successful.
If you don’t choose to “pay under protest”, and pay the bill, the business may argue that you’ve accepted the charges and the work carried out.
How do I “pay under protest”?
It is important to make sure that it is clear that the business knows that you are “paying under protest”.
If you receive a paper copy of an invoice or receipt, clearly write “payment under protest” on your copy and any copies that the business takes.
If you receive an invoice or receipt by e-mail (e.g. as a PDF), send a reply back to the business that you will only make payment once a copy of an invoice or receipt is returned with the words “payment under protest”.
You can also reply to the e-mail from the business explaining that you will pay the bill under protest, but you would like this marked on any documentation. This way the e-mail demonstrates evidence that you are in dispute with what has been provided.
Can I settle a proportion of the bill rather than the full amount when “paying under protest”?
You can make an offer to pay part of the bill “under protest”. However, it is up to the business to decide whether to accept this arrangement, as they have no legal obligation to do so.
If the invoice is not settled in its entirety, a business has the right to withhold your vehicle until they have received full payment. Nevertheless, this may incur additional storage charges until the bill has been paid.
If you are disputing the proposed amount, and can’t afford to pay in full, it is always best to be up front with the business to come to a mutually-agreed arrangement.
How to submit a dispute to The Motor Ombudsman
The Motor Ombudsman is a certified Alternative Dispute Resolution (ADR) provider who can assist with disputes that arise between consumers and Code-accredited businesses.
Before you submit a dispute to us, firstly please ensure you have taken a look at the information about our process on the resolve a dispute page.
Have an article suggestion?
If you would like to see a question answered on our Knowledge Base, please email us at: media@tmo-uk.org.
