Shouldnt VAT be refunded too?

mskadu

Hello all,

A company I am requesting a refund from has refused to include VAT (@20%!) in the amount to be paid back citing their T&Cs. I was wondering if I was within my rights to be asking for VAT to be refunded?

Worth pointing out that this is an online digital content provider named YuppTV.com

dj1471

In general yes the VAT should be refunded. Why are they refunding you?

Unfortunately in this case the applicable law is U.S. federal and Georgia state law so it's difficult to advise of you legal rights.

KeithP

This recent thread may help you:

VAT taken off refundable deposit?

Hermione_Granger

KeithP wrote: »

This recent thread may help you:

VAT taken off refundable deposit?

Why?
That thread is about a UK company and a contract that would be covered under UK legislation.


The OP's problem relates to a contract with an American company and a contract which is covered by USA law.

eddddy

mskadu wrote: »

A company I am requesting a refund from has refused to include VAT (@20%!) in the amount to be paid back citing their T&Cs. I was wondering if I was within my rights to be asking for VAT to be refunded?

Worth pointing out that this is an online digital content provider named YuppTV.com

Are they specific about which term in their T&Cs they are referring to?
A quick scan through here didn't offer any clues: https://www.yupptv.com/termsconditions.aspx

There doesn't seem to be any logic in saying VAT is non-refundable. I wonder if the 20% that was not refunded genuinely reaches HMRC?

However, judging by their reviews, you may not get a 'good customer service experience' if you challenge it: https://www.trustpilot.com/review/www.yupptv.com

mskadu

Actually, I am a UK resident and paid them in GBP. Doesn't the UK law apply in such a case?

Hermione_Granger wrote: »

Why?
That thread is about a UK company and a contract that would be covered under UK legislation.


The OP's problem relates to a contract with an American company and a contract which is covered by USA law.

mskadu

I have asked them that exact question. I am waiting for a response. In the meanwhile, I thought I should check my rights.

eddddy wrote: »

Are they specific about which term in their T&Cs they are referring to?
A quick scan through here didn't offer any clues: https://www.yupptv.com/termsconditions.aspx

There doesn't seem to be any logic in saying VAT is non-refundable. I wonder if the 20% that was not refunded genuinely reaches HMRC?

However, judging by their reviews, you may not get a 'good customer service experience' if you challenge it: https://www.trustpilot.com/review/www.yupptv.com

mskadu

I signed up for their service and changed my mind within minutes. They have already paid back the subscription money minus the VAT. It's the remaining amount I am after.

dj1471 wrote: »

In general yes the VAT should be refunded. Why are they refunding you?

Unfortunately in this case the applicable law is U.S. federal and Georgia state law so it's difficult to advise of you legal rights.

dj1471

mskadu wrote: »

Actually, I am a UK resident and paid them in GBP. Doesn't the UK law apply in such a case?

No, it does not.

mskadu

Worth adding that I used paypal to pay them. My last option would be to raise a case via paypal.

I am waiting for them to come back with a response to my question asking where in their T&Cs was it written that VAT was non-refundable.

theonlywayisup

mskadu wrote: »

Worth adding that I used paypal to pay them. My last option would be to raise a case via paypal.

I am waiting for them to come back with a response to my question asking where in their T&Cs was it written that VAT was non-refundable.

A Paypal claim would only go in your favour if it was INR (item not received) or SNAD (significantly not as described). A change of mind is not a reason to claim.