Rights of consumer

[Deleted User]

Dewdrops1420 said:

[Deleted User] said:

Dewdrops1420 said:

eskbanker said:

Dewdrops1420 said:

comeandgo said:

Dewdrops1420 said:

Also is there any chance that I can complain about their zero accounts to HMRC by showing proof of their work from fbpage and how they are fooling by filing micro entity accounts with zero assets or liabilities? 

No, you have nearly a year after the company year end to file accounts.  If they are late in filing companies house will be letting them know and fineing them.

They have already filed and has kept it as zero even after taking exorbitant money from us and posting the photos of few of the works done by them. Can I complain that they are cheating HMRC by filing false accounts . How can they file as zero when they have done some work?

Do you understand the difference between turnover and assets/liabilities?

No please explain . Can they file zero micro entity accounts after doing works and getting money from consumer? They haven’t shown a single penny. 

Yes, they can. Micro accounts don't even show turnover, you have no idea how much money they are taking from customers.
The publicly available record tells you very little about a business.

I specifically asked my accountant to file one of my businesses in this way because I want to retain my privacy.
It isn't false, it isn't cheating and it isn't illegal. It's a legitimate accounting method used by thousands of companies in the UK.

Micro-entity accounts: all you need to know | unbiased.co.uk

Even if they are not paying any taxes or giving invoice after taking money from consumers ? Can they easily get over with ?

You have no idea if they are paying taxes, so why suggest that they are not? Unless you paid them in cash, it is highly likely that the money has been accounted for (as all other methods leave a paper trail for HMRC).
There is also no requirement to issue an invoice, unless they are VAT registered, although most would say that it's good practice to do so.

sheramber

Dewdrops1420 said:

[Deleted User] said:

Dewdrops1420 said:

eskbanker said:

Dewdrops1420 said:

comeandgo said:

Dewdrops1420 said:

Also is there any chance that I can complain about their zero accounts to HMRC by showing proof of their work from fbpage and how they are fooling by filing micro entity accounts with zero assets or liabilities? 

No, you have nearly a year after the company year end to file accounts.  If they are late in filing companies house will be letting them know and fineing them.

They have already filed and has kept it as zero even after taking exorbitant money from us and posting the photos of few of the works done by them. Can I complain that they are cheating HMRC by filing false accounts . How can they file as zero when they have done some work?

Do you understand the difference between turnover and assets/liabilities?

No please explain . Can they file zero micro entity accounts after doing works and getting money from consumer? They haven’t shown a single penny. 

Yes, they can. Micro accounts don't even show turnover, you have no idea how much money they are taking from customers.
The publicly available record tells you very little about a business.

I specifically asked my accountant to file one of my businesses in this way because I want to retain my privacy.
It isn't false, it isn't cheating and it isn't illegal. It's a legitimate accounting method used by thousands of companies in the UK.

Micro-entity accounts: all you need to know | unbiased.co.uk

Even if they are not paying any taxes or giving invoice after taking money from consumers ? Can they easily get over with ?

Note the legal requirement to give an invoice

If you sell a customer a product or a service, you need to give them an invoice (bill) by law if both you and the customer are registered for VAT (a business to business transaction). An invoice is not the same as a receipt, which is an acknowledgement of payment.

https://www.gov.uk/invoicing-and-taking-payment-from-customers#:~:text=If you sell a customer,is an acknowledgement of payment.

eskbanker

sheramber said:

Note the legal requirement to give an invoice

If you sell a customer a product or a service, you need to give them an invoice (bill) by law if both you and the customer are registered for VAT (a business to business transaction). An invoice is not the same as a receipt, which is an acknowledgement of payment.

https://www.gov.uk/invoicing-and-taking-payment-from-customers#:~:text=If you sell a customer,is an acknowledgement of payment.

How are B2B transactions relevant here?

flossymcfly

This thread is going round in circles so let's sum up:

In terms of your court case:
Council house - irrelevant
No taxes shown on company return - irrelevant
Other landscaper giving his opinion - irrelevant
You don't have money to rectify - irrelevant
Emotional issues regarding kids/karma/personal opinions - irrelevant

You need to decide whether you want to do the court case or let it go. It's as simple as that. If you want to go ahead with the court case you need to get an INDEPENDENT report of what is wrong and use that as your evidence. Then file your claim. Anything that happens after that is at the court's discretion.

As others have said, even if the court rules in your favour and states the landscaper has to pay you £2500 plus costs, they may still decide not to pay you. Then you will have the decision of whether you want to take enforcement action (which will cost you more money) and that's the point where assets come into play.

The point about the house being bought in 1995 is irrelevant also, it could have been a parent or relative who bought the house and passed it on, it could be a rented house or it could simply be in someone else's name. I've never heard of a list of council houses being available online, surely this would breach GDPR in some way?

saajan_12

Agree with flossymcfly except for 1 small point. Still most of this thread is now irrelevant. 

flossymcfly said:

This thread is going round in circles so let's sum up:

In terms of your court case:
Council house - irrelevant - agree, whether or not they have money, you're claiming from the LTD company not his personal money. 
No taxes shown on company return - irrelevant - agree
Other landscaper giving his opinion - irrelevant  - POTENTIALLY RELEVANT if its 2-3 landscapers giving competing quotes as evidence of the remediation costs. Still up to a judge whether they believe it or think they are inflating the cost / touting for business. You could file a court claim based on this to avoid throwing to much more money, but its a toss up if you win or not. 
You don't have money to rectify - irrelevant - agree
Emotional issues regarding kids/karma/personal opinions - irrelevant  -agree

Basically its a toss up if you win at court or not because of the below. 
- the other landscaper may be biased and touting for business
- you told the first landscaper to use the old tiles so it may have been impossible to match (perhaps they could have advised better)
- inconclusive evidence about the water pooling 

Your chances may improve with an independent report, but your costs will also increase. 
Your chances may decrease if you keep going on about irrelevant things like the above. 

Then you have to actually recover the money, which may incur more costs and may fail if they close the LTD business. 

flossymcfly

saajan_12 said:

Agree with flossymcfly except for 1 small point. Still most of this thread is now irrelevant. 

True, apologies, I had purely meant the other landscaper giving his opinion, not a detailed report from several corroborating the reasons for the water pooling, that would be looked at differently of course. 

I'm sure we have all been in the position where a tradesman has sucked air through his teeth and told us something needs ripped out and redone when in reality it's a simple fix, this is purely the reason why a court would disregard someone telling you what they think is wrong without putting it in writing and putting their name to it to be used in evidence.

tightauldgit

As popcorn-munching as this thread is I suspect it will (as many others) simply tail off as the OP continues to spin their wheels without actually taking anyone to court. 

powerful_Rogue

Could always see if Judge Rinder would take it on for free @Dewdrops1420

Contact details in this news article.

sheramber

eskbanker said:

sheramber said:

Note the legal requirement to give an invoice

If you sell a customer a product or a service, you need to give them an invoice (bill) by law if both you and the customer are registered for VAT (a business to business transaction). An invoice is not the same as a receipt, which is an acknowledgement of payment.

https://www.gov.uk/invoicing-and-taking-payment-from-customers#:~:text=If you sell a customer,is an acknowledgement of payment.

How are B2B transactions relevant here?

Because the OP is  a customer and not not a business and  is not VAT registered they are not required to give them  an invoice

eskbanker

sheramber said:

eskbanker said:

sheramber said:

Note the legal requirement to give an invoice

If you sell a customer a product or a service, you need to give them an invoice (bill) by law if both you and the customer are registered for VAT (a business to business transaction). An invoice is not the same as a receipt, which is an acknowledgement of payment.

https://www.gov.uk/invoicing-and-taking-payment-from-customers#:~:text=If you sell a customer,is an acknowledgement of payment.

How are B2B transactions relevant here?

Because the OP is  a customer and not not a business and  is not VAT registered they are not required to give them  an invoice

Ah right, starting the post with "Note the legal requirement to give an invoice" implied to me that you were suggesting an invoice was necessary, whereas you were seemingly trying to convey the opposite impression!