Chimney removal firm charging VAT without VAT number

jpowell79

I have a dispute with a Chimney removal company called Hylton Chimneys (http://www.hyltonchimneys.co.uk/)

...absolutely shocking customer service....the worst I've ever dealt with.....anyhow, putting that to one side, they recently invoiced me for the completion of work.

The invoice included the cost for VAT, but did not include the VAT number.

I therefore asked for a VAT number, to which they supplied one, but it turned out to be invalid on the VIES VAT checker website (http://ec.europa.eu/taxation_customs/vies/)

When I responded to them to explain this, they instead sent me another invoice, this time with a different VAT number, but the VAT number was registered as a sole trader VAT number to the person who runs the limited company.

Can anyone confirm if this is legal? I mean if I register as a sole trader, can I then apply that VAT number to any subsequent limited companies I decide to setup?

I might be wrong, but it doesn't sound correct to me?

phil24_7

Call HMRC and see what they say. I'm sure they would love to hear about a company trying to dodge it's VAT responsibilities and dishing out fake VAT numbers!

MisterBaxter

Does the VAT number on the new invoice match the name of the person/company issuing the invoice or have they invoiced in one name and used the VAT number of another?

The person charging/receiving the VAT is responsible for the VAT.

The company should be registered for VAT not just using the sole trader VAT number; so far as I am aware they are not simply interchangeable. If a person operates as a sole trader and a Limited Company there may be a requirement for them to be VAT registered across both businesses if the turnover requires it to prevent using the separation to their advantage but the VAT registration details on the invoice should match those of the invoicer.

Is there an issue in that they didn't quote you VAT up front and that now they are trying to charge it the price of the job has gone up?

Again so far as I am aware if you were to pay the VAT as invoiced there would be no come back on you. The obvious complication for you is knowing exactly who did the work for you, was it the company or was it the sole trader. If you entered into a formal agreement with the company then you should demand that they are the ones who invoice you and they should be the ones you pay; if they can't show that they are VAT registered then they should not be charging VAT.

casper_g

Is there actually a limited company involved in this anywhere, or is it just a sole trader "trading as" Hylton Chimneys?

phil24_7

The owner calls himself a C.E.O. This is reason enough to avoid him!

jpowell79

casper_g wrote: »

Is there actually a limited company involved in this anywhere, or is it just a sole trader "trading as" Hylton Chimneys?

The only active limited company I can find associated with the owner is Hylton Construction, but the invoice is headed as Hylton Chimneys.

J_B

Pay the ex-vat amount and challenge the rest??

Marktheshark

Remove the VAT from the invoice and pay the invoice minus the VAT.
State you will only pay VAT when they can supply a VAT registration number that is correct.
Make it clear any dispute over the fake VAT number supplied will result in a request for HMRC to investigate.
.

jakemillspaek

Get VAT chaps involved now they would love a snoop at his accounts I'm sure.

greenface

Pay invoice minus vat if happy . They need to come clean about the vat and what theyre up to . Then pay vat .

Ectophile

Are there any company registration numbers on any of the paperwork you've been sent? A genuine registered company should always quote the company name, registration number and registered address on all official communication. That would include quotes and invoices.