Thanks for your question.
1. What does your agreement with Xerox say about the minimum amount of clicks, does it say that if you fall short of the amount you will still have to pay for the minimum amount of clicks regardless of whether you actually used that amount
2. Does the £14, 000.00 now invoiced relate to actual 'used' clicks or charges made under the minimum click (but unused) stipulation above?
3.Do you actually dispute this charge
I'm afraid that as the charges are properly payable under the contract they will have a right to invoice you for them. The delay, although frustrating, does not effect their legal right to charge for them unless their is a specific contractual provision which prevents them from doing so. I assume that there is not.
Given that they acknowledge it's their mistake then I would attempt to manage the situation practically and engage constructively with them. Tell them you do not dispute the charges and wish to preserve your relationship with them, but that it does put a spanner in your cashflow having budgeted taking account of earlier invoices from them.
Do your sums and see what you can afford to offer them as repayment plan and see where that takes you. You may have to do some negotiating so don't go in with what you can afford to pay, go in with less and negotiate down to what you can pay.
Sorry it could not be better news.
If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.Kind regards,Tom
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