Builder quoted one price with VAT and a second price for cash

[NM8]

Our 'cowboy' builder is threatening to take us to court over the last 15% of a contract we are withholding due to unsafe, unskilled and dangerous work. The original estimate he sent us, on his headed paper, states two prices £22k in Cash or £20k + Vat. The second quote, the one we accepted only stated a cash price. There was no VAT number on either quote. We have since discovered that he is a sole trader and is registered for VAT. Should he proceed with his claim how would a court view these quotes?? Would he be in trouble even if they are unrelated to the claim?

[atticus]

You should concentrate your efforts on justifying non payment.

Think carefully about saying that you were willing to assist in tax fraud.

[NM8]

You should concentrate your efforts on justifying non payment.

Think carefully about saying that you were willing to assist in tax fraud.

We are very confident of our rights to withhold backed up by an expert witness and building control. We didn't accept the first quote and the quote we did accept made no mention of VAT or listed a VAT number. It's perfectly legal and not 'assisting tax fraud' to pay in cash. We had no idea he was VAT registered until much later on after the payments were made.

[atticus]

Really? What did you think was happening when given a choce of £20,000 plus VAT or £22,000 cash?

As I said, concentrate on the reasons for disputing payment.

[islandgirl]

If I pay cash for something it is up to the person receiving the money to declare it or otherwise. I do not usually consider it my problem! Presumably work has not been signed off for building regs?

[DE DOGS]

From experience NEVER AVOID VAT, I thought that the Company I was dealing with was forwarding/paying the VAT, but they were not, and the end result of that. £38.000 I had to pay, so you must receive a headed letterhead stating their VAT Reg Number and then check it is genuine.

[islandgirl]

Sorry I don't get that. If I get an invoice with or without a vat number I pay it. I do not check the number. I am not claiming it back so why is it a problem Does anyone check (unless they are vat registered themselves and buying vat rated supplies). As a consumer it is not my problem as far as I know.

[atticus]

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