Please help been issued with a court summons

[volks23]

I'm not sure if I am posting in the right forum but here goes. Does anyone know the law or have a link to the rules on VAT. I have been issued with a court summons for a final bill from my wedding last August. We agreed a price for the catering which included vat and paid 90% before the day. This should have left a bill of around 300 - 400 pound. On the day the company then produced an evening meal which we had cancelled as we thought it was over priced for what we were getting. We then received the final bill which was for £944 (This included the £600 for evening food we had cancelled. On looking at this bill it appears that the difference is to do with the added VAT which we believed to be included (and on a lot of the paperwork it states including vat at 17.5%). Can this company charge VAT on top of the price with VAT or are they just trying to disguise their mistake by hoping I won't think twice about the vat? Any help would be appreciated.

[pmhcfc]

I'm not sure if I am posting in the right forum but here goes. Does anyone know the law or have a link to the rules on VAT. I have been issued with a court summons for a final bill from my wedding last August. We agreed a price for the catering which included vat and paid 90% before the day. This should have left a bill of around 300 - 400 pound. On the day the company then produced an evening meal which we had cancelled as we thought it was over priced for what we were getting. We then received the final bill which was for £944 (This included the £600 for evening food we had cancelled. On looking at this bill it appears that the difference is to do with the added VAT which we believed to be included (and on a lot of the paperwork it states including vat at 17.5%). Can this company charge VAT on top of the price with VAT or are they just trying to disguise their mistake by hoping I won't think twice about the vat? Any help would be appreciated.

 

How much of the original paperwork (quotes, prices etc) have you still got?

[sequenci]

give business debtline a ring on 0800 197 6026, this doesn't sound right at all. VAT on VAT? sounds pretty weird to me.

[volks23]

How much of the original paperwork (quotes, prices etc) have you still got?

 

I have got all the paperwork (i'm quite anal in not throwing things away, funny really i seem to keep everything for 6 six years which seems to be paying off with Barclays) The only problem is that most of the final arrangements was actually done on the phone. Does this matter? I do have mobile phone bills if needed though.

[yaffsimone1]

They cannot charge VAT twice. I would go straight to HMRC and tell them about it. They will soon advise you whether what this company is doing is legal. Plus it will make that company think twice about doing it again. They clearly dont know that you NEVER mess with VAT. Since the Inland Revenue and Customs & Excise joined forces they are worse than the police!

[volks23]

Sorry now for the really stupid question (really enjoyed eating that big bowl of stupid soup) what does HMRC mean?

[pmhcfc]

Sorry now for the really stupid question (really enjoyed eating that big bowl of stupid soup) what does HMRC mean?

 

HM Revenue & Customs: Home Page

[volks23]

lol Thanks for that

[yaffsimone1]

Sorry i should of said what it stood for.

[volks23]

Thanks guys for your help. Another point to this claim is that I am also being held responsible for one of my guests unsettled bill. When I spoke to my guest she states that she never stayed at the venue on the night of the wedding as she couldn't get childcare. She did call and give them ample notice that she would not be needing the room. I agreeded with the venue that I didn't want to get involved in room bookings and deposits etc. On the invoice is does have my guests name and address. Can i ask the court to discount this part of the claim?

[yaffsimone1]

If you have it writing that you and the hotel / venue only agreed to deal with the catering, anything else is down to them. If the guest did or didnt cancel her room its not down to you. It sounds like to me they have made a huge mess and are trying to re-coup thier costs by trying to make you liable!

 

It may not go court especially if you write them a nice letter saying you are seeking advice from Her Majestys Revenue & Customs with regards to the VAT. Most companies dont want to get on the wrong side of the VAT man because of the damage they can cause. By you revealing this it will probably result in an Aduit being carried out on the company's accounts by the VAT man himself. I have had a VAT audit and its not nice, they go through everything in the last 6 years sometimes even further. If there is anything wrong with the VAT it could result in a fine or imprisonment for the owner of the company. The Audit will pick up if they have done this to others in the past.

 

VAT was introduced by the Finance Act 1972 which is under the care and management of the Commissioners of Customs and Excise. This link is really helpfull it contains all the Acts of Parliament

 

Office of Public Sector Information

 

That will teach them to mess with you!

[volks23]

They have filed in court and I now have 14 days to respond, and I'm really not sure what to do. Do I acknowledge the claim to give myself more time to get together a defence I am not disputing all of the claim just part of it or pay up and then take them to court to recover the extra £600 they are fleecing me for. Also I don't have it in writing that they were co-ordinating room bookings but should i assume it's standard practice that any venue offering accommodation normally would? How would I know when they are full up etc.

[yaffsimone1]

I would still write to them saying you are seeking advice from HMRC, they can still withdraw the claim. You can either acknowledge and give yourself time to build a defense or dispute part of it, pay what you agree and dispute the rest. You should have an order for the whole amount agreed before VAT. They should then send you an invoice for the whole amount less 90% you paid leaving the balance. or they may have treated the 90% payment and the balance as two seperate invoices. How are the invoices raised?

[yaffsimone1]

Volks23 I sent you a private message

[volks23]

Thanks. Sent one back at ya.