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Jenny, Solicitor
Category: Law
Satisfied Customers: 6430
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Can you help I have paid all my builders bills +vat as we

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Can you help
I have paid all my builders bills +vat as we have gone along ,the work has been completed and signed off .I am now being asked to pay vat missed through their accounting error .as it would appear to be their mistake am I liable for this as they are chasing me for this payment. Thank you.
Hello my name is ***** ***** I am happy to help you today. Were you told at any point, such as in a quotation or verbally that the amounts were exclusive of VAT?
Customer: replied 2 years ago.
The original estimates came quotation then plus vat giving total sum which we paid accordingly but one bill did not show the vat hence the final bill rendered by the builder was stated to be fully inclusive which was paid and completion certificates issued and signed
So have you paid the amount that you were quoted on the original estimate (even taking in account the VAT element? )
Customer: replied 2 years ago.
No the missing vat payment would give us the total price quoted but the builder signed that we had paid everything and we were unaware of any shortfall
Can i ask if this was a business to business transaction or whether it is a consumer situation?
Customer: replied 2 years ago.
A consumer situation
Ok in that case the VAT position should have been clear. You should state that as the position on VAT was not made clear to you you believed that the prices were inclusive of VAT. Guidance on pricing both issued by the Department of Trade and Industry and the Advertising Standards Agency make it clear that consumers should be advised in advance where VAT is payable and it should be clear. If you do not pay it they may try to recover it through the courts but they will not succeed. I think it is a try on and they will back down when you refuse and point out that they are in breach of those rules. If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 2 years ago.
we were aware that we were paying vat all the way through but were asked for one sum which did not show any vat which we paid this is a mistake by the firm in not invoicing the vat as well on that part payment yet in the final bill the builder told us there was no further monies to be paid. All was signed and completed.- this is where the confusion arises their request for the vat after having been signed off
Sorry for the delay I was called into a meeting. Can you tell me if the overall sum you have paid is significantly less than the sum you were expecting to pay if you were paying VAT?
The key point is that as a consumer it ought to have been clear that the final amount was the final amount. If you thought that the final invoice included the VAT amount then they should not be seeking to recover it separately. I would suggest you revert to them on the basis of what I have said in my earlier email about the requirement to be transparent.
Customer: replied 2 years ago.
It is only £ 450 they are asking for on a bill of £2325.62 which I paid - this was left off by mistake by the builder and there was no more to pay.
Ok well it is obviously up to you if you pay it or not. I think that if they have made a mistake, signed the bill off and you thought you were paying in full, their lack of clarity means that you are not liable to pay the further amount. They may bring a claim against you if you fail to pay, if they do you can defend on the basis that you thought that the final bill was correct and included all VAT due. You can make reference to the DTI guidance on the fact that there should be clarity.
Jenny and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you very much for helping me clarify a difficult situation I am of two minds to use a few well chosen words to the builder but am not inclined to go down without a real fight.