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Fraudulent representation?

Silver_Shark
Silver_Shark Posts: 151 Forumite
Eighth Anniversary 100 Posts Name Dropper
edited 30 October at 7:09AM in Consumer rights
My husband had a job done with what seemed like a reputable business that does a lot of work in the area, good reviews and advertise as a family run business. All seemed good had written estimate and receipt on headed paper and husband paid cash on completion. Then offered good price for a second job and husband agreed price and expected paperwork for this job. Only verbal contract on price for second job and no receipt given when this job was completed and husband again paid cash but told a receipt would be emailed. What actually arrived in the inbox was an invoice making it look like it was one job as per quote and with one total for both jobs and marked as paid. Second job turned out to be a shoddy job and tradesman refused to return or honour his guarantee.

On doing some research I saw the business is VAT registered to a sole trader. No VAT was paid on the original estimate for first job just a set amount but payment details on the invoice even though my husband had paid cash seperately for both jobs was not in the name of the registered sole trader but a family member.  Searching online I discover this family member has previous convictions for defrauding elderly people. Who would I report this business to as it seems to me to be a case of fraudulent representation?



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Comments

  • born_again
    born_again Posts: 16,844 Forumite
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    To be clear here.
    At what point was the 2nd job discussed & agreed?
    Life in the slow lane
  • user1977
    user1977 Posts: 15,860 Forumite
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    Why did your husband pay in cash? Why are you concerned about the VAT treatment of the invoices?
  • Grumpy_chap
    Grumpy_chap Posts: 16,225 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Combo Breaker
    Why was the second job paid for if it was not completed satisfactorily?
  • FlorayG
    FlorayG Posts: 801 Forumite
    Sixth Anniversary 500 Posts Name Dropper Combo Breaker
    This is what you get when you pay cash in hand. If they are happy to cheat with their taxes, why would their attitude be different with their customers?
    OP didn't say "cash in hand" they said "cash". If they were invoiced then why not? people who pay cash in hand don't get invoiced. OP has SINCE discovered that the business is VAT registered and should have included VAT on the invoice
  • Silver_Shark
    Silver_Shark Posts: 151 Forumite
    Eighth Anniversary 100 Posts Name Dropper
    The second job wasn't discussed just a price so my husband expected a written estimate like the first job. It was several months later when problems with the second job became apparent. My husband paid cash as he had saved up for the first job to be done and had cash to pay for the second job so agreed a price and trusted the business. Just to be clear my husband is elderly and disabled and was taken advantage of.

    It is I who did some searching and discovered he wasn't dealing with the registered owner of the business who is a sole trader and VAT registered as such, those details are on review sites. I have proof from the estimate and the receipt for the first job and the invoice subsequently sent for both jobs that payment had been made to a family member. My question is who do I report this to, is it a matter for the police?
  • Alderbank
    Alderbank Posts: 3,328 Forumite
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    Can the OP confirm we are talking about consumer contracts?

    My take on the first post was that the husband had purchased services for his own business. That would explain why he expected invoices giving VAT number and the amount of VAT charged, so that he could reclaim the VAT in the normal course of business.

    There is no requirement to provide a VAT receipt for consumer contracts, only for B2B between VAT registered parties.

    Previous criminal convictions of either party have no relevance at all to consumer rights.
  • eskbanker
    eskbanker Posts: 33,380 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    My question is who do I report this to, is it a matter for the police?
    Actual fraud is a crime that would be reportable to the police, but it isn't clear from your posts exactly what law you believe has been broken?  If you're unhappy about VAT invoicing then that might be a matter for HMRC, or if it's shoddy workmanship then maybe Trading Standards?
  • born_again
    born_again Posts: 16,844 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    The second job wasn't discussed just a price so my husband expected a written estimate like the first job. It was several months later when problems with the second job became apparent. My husband paid cash as he had saved up for the first job to be done and had cash to pay for the second job so agreed a price and trusted the business. Just to be clear my husband is elderly and disabled and was taken advantage of.

    It is I who did some searching and discovered he wasn't dealing with the registered owner of the business who is a sole trader and VAT registered as such, those details are on review sites. I have proof from the estimate and the receipt for the first job and the invoice subsequently sent for both jobs that payment had been made to a family member. My question is who do I report this to, is it a matter for the police?
    Was this 2nd job, while they were doing the 1st job, so they may have thought it was just a add on & not a totally separate job. Hence no 2nd invoice.

    End of the day this is a civil matter & police will tell you that.
    Life in the slow lane
  • Silver_Shark
    Silver_Shark Posts: 151 Forumite
    Eighth Anniversary 100 Posts Name Dropper
    edited 30 October at 7:02AM
    Just to be clear.
    Second job was a separate job. Both jobs paid for separately in cash to the family member not the sole trader the business owner (not known at the time).
    Invoice sent in lieu of receipt for second job lumping the the two jobs together as one (totalled as one job).
    Payment details on the invoice were bank account details for family member not the business owner even though both jobs had been paid.
    Surely a sole trader business is owned by a single person responsible for the finances of that business and wouldn't authorise payments into a family member's bank account, would they?
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