False invoices

False invoicing and invoicing fraud are umbrella terms for when someone demands payment for a good or service that you never ordered or had delivered.

For example, a salesperson might claim that you have ordered a good or service, while you take the opposite view. False invoices may be sent to you both as a private individual and as a business owner.

What can I do if I’ve received a false invoice?

This is what to do:

• Contest the invoice by drawing a line across it and writing “Contest payment liability – not ordered”. Send your contestation by email, fax or registered letter (a photocopy), so that the date and time appear. Then return the original invoice to the sender and save a copy of what you sent.
• Report the attempted fraud to the police.
• Do the same thing again if you receive a reminder or a debt collection letter. Explain why you contest it and include a copy of your earlier contestation.
• If whoever is sending you false invoices has sent the payment claim to the Enforcement Authority you will get a letter from us. Contest this immediately as well, otherwise we may establish that the claim is a debt. You have to do this in writing. Write that you have contested the invoice and that there is no debt.

Once you have contested the claim, the company that sent the invoice may choose to take the matter to the district court. It is then up to the company to prove that you entered into an agreement.

What happens if a false invoice is handed over to us anyway?

Even if you contest a false invoice, the company may send us an application for a payment injunction. It is important that you contest this as well, in writing. State that you regard the invoice as incorrect.

If the company still wants to continue pursuing the matter, the Enforcement Authority will hand it over to the courts.

We have no way of knowing whether an application for a payment injunction is for a false invoice or not, but we will never proceed with recovery unless there is a decision – a verdict or a ruling.

You may get a record of non-payment if the debt is established as well as if it is recovered.

Who registers records of non-payment?

Credit reference agencies, not the Enforcement Authority, register records of non-payment. The information on which the record of non-payment is based is obtained by them from various public registers, including ours.

If an application for a payment injunction is against a company, credit reference agencies are entitled to register a record of non-payment as soon as the application is registered by us.

If you are a private individual or a sole trader, the record of non-payment can only be registered after a verdict has been issued that your are liable for payment.

You can read more about records of non-payment here or on the Swedish Data Protection Authority’s website.

Can we remove information that came from a false invoice?

Yes, under certain circumstances we can remove information that has been registered if it concerns a false invoice. You need first of all to have reacted to the false invoice with a contestation of the payment claim before the company or private individual has submitted an application for a payment injunction. If you still received a payment injunction for the false invoice you must have contested this as well.

When you contest the claim in the payment injunction you have to describe why the information is incorrect or misleading, and include documents that support your position, such as the correspondence that shows you contested the claim.

You can also request a rectification of registered information. Read more here about how you request a rectification and what the reasons can be for having information rectified.

Other tips and advice

The Swedish Consumer Agency’s and the Swedish Trade Federation’s websites both have advice and tips for what to do if you get false invoices. The Swedish Trade Federation also has a list of names and addresses of companies they regard as potentially fraudulent.

Further information is available on the Swedish Data Protection Authority’s and the Swedish Federation of Business Owners’ websites. You can also find information on the Swedish government’s website if you search for the term “fakturabedrägeri”.