legal position please

[me2]

I am involved in a self build project[new] and as such will be entitled to claim VAT refund on materials.
My problem is I bought some readymix concrete from a company before I had an account with them, so I paid the delivery driver by cheque, a delivery type note [pink]was left with me with the cost included, I did not take to much notice because I expected to receive a white customer copy from the company later, with the ammended cost details [I took delivery of less than was originally ordered and printed on the cash sale delivery note, so the amount paid was different, ie less, this was noted and hand written on the delivery note] the problem is the company did not send out the white customer copy invoice and to date are refusing to do so, to further complicate matters the delivery note [pink copy] has another name on it above my address, who this refers to no one knows.
the end result is that I will be unable to reclaim the vat with the paperwork that I have.
My real question is how do I stand I think the company should be able to furnish me with the correct paperwork to enable me to reclaim £276.96 Vat .
I have since opened an account and have told them that I intend to withold payment of the same amount of £276.96 until this is resolved is this the right way to go??? advice please.

[ferg]

Why withold the money? Surely asking for a VAT invoice before you ring the VAT man to explain the situation ought to do the trick. They MUST have a copy of that invoice lodged in their books so they can supply you with a copy...if they haven't....VATman would like to know.

[me2]

Thanks for the reply ferg but as my post said they are refusing to, or say, they can not do so.

[Eric Mc]

You are perfectly entitled to a valid invoice for the goods supplied - whether VAT is involved or not. Do not pay them until you receive the invoice. They have not supplied the correct paperwork and therefore do not have entitled to the settlement of the invoice - seeing as how they haven't issued it yet.

[simpo two]

Eric Mc said:

They have not supplied the correct paperwork and therefore do not have entitled to the settlement of the invoice - seeing as how they haven't issued it yet.

Indeed: I can't imagine why they refuse to issue a correct invoice.
Anyway, it will mess up their own accounts eventually because their bank statement will show your cheque payment of £x, but their records will show an invoice for £y.

[ferg]

me2 said:

Thanks for the reply ferg but as my post said they are refusing to, or say, they can not do so.

Ring the Vatman.

[v12v8]

I agree with the above posts. The company concerned must provide you with the paperwork. If they don't, the VAT man will be interested to hear why.

Bit late now, but simple piece of advice going forward. Do not pay anything until you have a VAT invoice.

[thepeoplespal]

Ring up their head office if they have one and get them to deal with it.

Might also be worth subscribing to:
http://uk.groups.yahoo.com/group/UK_Selfbuild/

Not that they will be any better at advising you than anyone here, but you can use it as a bit of leverage i.e. 895 subscribed members read the group and are always interested in shoddy treatment.

Might not get your money back, but you can be happy in the knowledge that it will cost them money and damage their business.

Good luck.

[ncs]

I wouldnt advise you withold any account payment as you will have signed for the goods & accepted them as being in order.
Your account & your cash sale are not linked in any way, agreed - you are entitled to your VAT reciept, but you could find yourself in bother if you refuse payment for another delivery that you have no problem with.

Nick