Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
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
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.
No problem at all.
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.
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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?
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