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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Find lately that van purchased 5 years ago don't have

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Hi find lately that van purchased 5 years ago don't have invoice for it company who bought from no longer exist. Year by year we have had deducted on our yearly tax return 8% of the sum. Van was purchased on 29.11.2010.
This van was bought as partial exchange for my car and we have had paid a difference
Please advice what we can do. Contacted company witch we bought van from and they told me that they not trading any longer on this name and they have difficult access to files from old company. And they can’t help it if I don’t know invoice number. But how can I now invoice number if invoice never was given.
My only excuse is that I Have had just started my business then and didn’t know that had to ask for invoice.
Please advice how to resolve this issue
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 11 months ago.

Please can you tell me the main reason for wanting a copy of your invoice so that I can advise you of your options. Thank you

Customer: replied 11 months ago.
We need this Invoice for our accountant books as this is a van/car we were deducting from capital expenses every year from 2010 and lately realized that we actually don't have an invoice
Customer: replied 11 months ago.
We were never given invoice for this purchase
Expert:  Ben Jones replied 11 months ago.

OK thank you, ***** ***** it with me. I am in court for the rest of today so will prepare my advice in a while and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 11 months ago.
Thank you. Looking forward to hearing from you
Expert:  Ben Jones replied 11 months ago.

No problem at all.

Expert:  Ben Jones replied 11 months ago.

Many thanks for your patience. An invoice is only legally required if one VAT registered business is selling something or providing a service to another VAT registered business. Had this not happened you could have gone back to the business to seek that from them or even reported them for non-compliance. The issue is that if the business is no longer trading, you cannot really hold anyone liable or responsible for this failure to issue the invoice. If the company no longer exists you cannot force anyone to issue the missing invoice unfortunately. Any action would really only be effective if you had a company to deal with. They may have closed the old one down and opened a new one up but these are two completely separate legal entities so even if the same people work there, the legal liabilities are entirely separate. You could ask the new company to try and issue a replacement even if they do not have the details from the old records – after all it would not make much of a difference to them – they won’t have any liabilities towards the old company if it is no longer trading so issuing an invoice in its name will not really impact them in any way. However, that is a goodwill gesture so be mindful that you cannot force them to do this.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 11 months ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Customer: replied 11 months ago.
I was at that time sole trader no vat registered so that mean I want need invoice? How can I prove it that transaction took a place then
Customer: replied 11 months ago.
Sorry to getting back to you late but have been busy
Expert:  Ben Jones replied 11 months ago.

no problem, if you were not VAT registered then you would not have been legally entitled to receive an invoice, although they could have issued one if they waned to. You can try and find other evidence, such as bank statements if you transferred money, card statements if you paid by card, contacting DVLA to get certification that they had taken the car at the time, any emails or letters if you had these as correspondence that you were going to make the deal and so on.There is however a possibility that you simply may not be able to prove tat the transaction took place - that will not always be possible, depending on what evidence is actually available. Hope this clarifies?

Customer: replied 11 months ago.
Just quick last one. Our correspondence can be send to my email? Or how can I printed out conversation? Thanks
Expert:  Ben Jones replied 11 months ago.

If you wish to save our conversation, you have a few options:
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