VAT not mentioned on telephone quote, but added to final invoice! What are my rights?

John_

32Battalion said:

giraffe69 said:

As a contractor why wouldn't you say £150+VAT unless you wished to deceive?

Most of the contractors from fencing, building, lorry repairs tend to deal with VAT registered organisations so it wouldn't cross their mind.  Perhaps living in a rural area we march to the beat of a different drum.  On small jobs I find cash is still king.

But that makes no difference to how much tax is due on something.

DoaM

unholyangel said:

bap98189 said:

ThumbRemote said: You are both completely wrong. In the UK prices are to be quoted to consumers including VAT, not as an add-on. 

You are correct but there is no evidence that they didn't say the price was exclusive of VAT. If taken further they will say they made this clear and the OP will say they didn't. 

Thankfully the CCRs place an obligation on the trader to provide the necessary information by durable medium. It is also up to the trader to prove they complied with this obligation. 

Plus again, the requirement is they must tell them the total price inclusive of taxes. It's only if thats not possible that they can use the how it will be calculated method

And with a quoted* price of £150 that's very easy to calculate and so must be stated in the quote. There's no excuse for not quoting a final price.

* Was it a quote or an estimate?

ThumbRemote

32Battalion said:

Any contractor will quote ex VAT, just common sense to check.

Is it also common sense to check the currency? I mean if they just said 'one hundred and fifty' they may have meant Bahranian Dollars. 

Or is it just common sense to expect a company to quote the actual price the customer needs to pay, when the customer asks for the price?

32Battalion

ThumbRemote said:

Is it also common sense to check the currency? I mean if they just said 'one hundred and fifty' they may have meant Bahranian Dollars. 

What an absurd thing to suggest very strange.

shaun_from_Africa

Mickey666 said:

‘Durable medium’?  Is that enshrined in the CCRs I wonder?   

My bet is that if the OP had asked for written confirmation (ie a ‘durable medium’) then the company would have written £150 +vat.

Yes.
https://www.legislation.gov.uk/uksi/2013/3134/contents/made

Information to be provided before making an off-premises contract

10.—(1) Before the consumer is bound by an off-premises contract, the trader—

(a)must give the consumer the information listed in Schedule 2 in a clear and comprehensible manner, and

(b)if a right to cancel exists, must give the consumer a cancellation form as set out in part B of Schedule 3.

(2) The information and any cancellation form must be given on paper or, if the consumer agrees, on another durable medium and must be legible.

.

.

SCHEDULE 2

(f) the total price of the goods or services inclusive of taxes, or where the nature of the goods or services is such that the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated,

the_lunatic_is_in_my_head

Mickey666 said:

unholyangel said:

bap98189 said:

ThumbRemote said: You are both completely wrong. In the UK prices are to be quoted to consumers including VAT, not as an add-on. 

You are correct but there is no evidence that they didn't say the price was exclusive of VAT. If taken further they will say they made this clear and the OP will say they didn't. 

Thankfully the CCRs place an obligation on the trader to provide the necessary information by durable medium. It is also up to the trader to prove they complied with this obligation. 

‘Durable medium’?  Is that enshrined in the CCRs I wonder?   

My bet is that if the OP had asked for written confirmation (ie a ‘durable medium’) then the company would have written £150 +vat.

As far as I know that wouldn't be acceptable either, the price should be give as £150 + £30 VAT Total £180, or simply £180. 

It shouldn't be for the consumer to make a calculation nor be expected to know the various VAT rates which apply to different things. 

49lg

Thank you for everyones input.  I have written them a letter and sent a cheque for £150 along the lines of...

"The consumer Contracts Regulations 2013 Schedule 2 covers information to be provided before making an off-premises contract.  And not only does it state that the price quoted must be in a way that cannot be misinterpreted but also:

(F) The total price of the goods or services inclusive of taxes

I accept that this may have been an honest mistake on your part as perhaps you are more used to quoting to businesses and the trade.  However as a consumer I am legally and ethically well within my rights to pay for the services as quoted.  Therefore please find attached a cheque for the original quoted amount of £150."

I know it all seems a lot of fuss about £30 but it feels a bit unfair and I have just been made redundant so am time rich and cash poor!

DoaM

The VAT payable is the amount agreed at the earlier of contract formation and invoice. If £150 + VAT at 20% = £180 was agreed at contract formation then that's the amount payable; if £150 + VAT was agreed (subject to invoice) and the VAT rate changes prior to invoice then the amount payable will depend on the VAT rate.  

unholyangel

Mickey666 said:

unholyangel said:

bap98189 said:

ThumbRemote said: You are both completely wrong. In the UK prices are to be quoted to consumers including VAT, not as an add-on. 

You are correct but there is no evidence that they didn't say the price was exclusive of VAT. If taken further they will say they made this clear and the OP will say they didn't. 

Thankfully the CCRs place an obligation on the trader to provide the necessary information by durable medium. It is also up to the trader to prove they complied with this obligation. 

‘Durable medium’?  Is that enshrined in the CCRs I wonder?   

My bet is that if the OP had asked for written confirmation (ie a ‘durable medium’) then the company would have written £150 +vat.

Why would they specify it in writing if they didnt verbally? The only reason I can think of is that they know written can be used as irrefutable evidence against them. Which isn't exactly making a great case for their character/good faith in entering the contract, is it? Since it points towards deliberate/reckless deception by omitting material information.

stragglebod

Mickey666 said:

the_lunatic_is_in_my_head said:

Mickey666 said:

unholyangel said:

bap98189 said:

ThumbRemote said: You are both completely wrong. In the UK prices are to be quoted to consumers including VAT, not as an add-on. 

You are correct but there is no evidence that they didn't say the price was exclusive of VAT. If taken further they will say they made this clear and the OP will say they didn't. 

Thankfully the CCRs place an obligation on the trader to provide the necessary information by durable medium. It is also up to the trader to prove they complied with this obligation. 

‘Durable medium’?  Is that enshrined in the CCRs I wonder?   

My bet is that if the OP had asked for written confirmation (ie a ‘durable medium’) then the company would have written £150 +vat.

As far as I know that wouldn't be acceptable either, the price should be give as £150 + £30 VAT Total £180, or simply £180. 

It shouldn't be for the consumer to make a calculation nor be expected to know the various VAT rates which apply to different things. 

Well that could be fun around budget day if the chancellor changes the rate of VAT.  
I think ‘+vat’ is adequate.

You might think that. The law however thinks differently.