Customer is claiming never to have any association with me

P

PatrickJ

Registered User
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Brief background; In recent times I was mostly unemployed for a period and when I did find work I would do the right thing and inform Social Welfare and pay vat to Revenue etc. etc. all completely above board.

I'm now a paye worker so I thought the past odd jobs were long behind me.

My accountant filled my income tax for 2013 and she noted there was a job I was not paid for but which I had numerous expenses associated with.

I am now in receipt of correspondence from revenue looking to see a copy of my contract with the individual who did not pay me. I do not have a contract and any agreement we had was verbal.

It seems the person I done work for claims they do not know who I am and never met me and because I have little in way of a written contract its looking like I am talking out of my proverbial. It is also making my receipts look null and void.

Would anybody have some idea of my predicament please?
 
I forgot to also add to my previous post that I paid for all of my purchase invoices associated with the job apart from one. Am I liable to repay the vat element on this invoice?
 
You did a job in 2013.
You did not raise an invoice?

Have you issued an invoice now?
What sort of work do you do? You may have to sue that individual for payment.

Have the Revenue contacted your customer? That would seem odd to me.

How big is the amount. It seems odd to me that you were not busy but yet you have a major client which you forgot to invoice. While it seems odd to me, it would seem very suspicious to Revenue. Could they suspect that you used the materials for your own personal use and that you are tying to claim them as a business expense?

Brendan
 
Hi Brendan,

I formally invoiced the customer when the job was completed but I do not have a formal written contract with them. Excuse my ignorance but does an invoice equate to a contract?

The customer is currently under audit so this maybe why alarm bells are ringing.
 
When did you invoice them?
Did you pursue them when they did not pay it?

A contract is an agreement, oral or in writing, agreed before the work is done.
The invoice is simply the bill after the service is delivered.

Brendan
 
I suggest gather any evidence you can to show you did this work
-Do you have old text messages to/from the person on your phone. Your call log history may also have information.
-Did you issue an invoice at the time?
-Do you know the precise dates you carried out the work?, you may be able to link the dates on the receipts with say a credit card purchase for something like petrol close to where the work was carried out.
-The receipts that you have aren't null and void assuming they come from a reputable source. I also assume that the items in the receipts are clearly linked to your profession. If they aren't then the Revenue will question them.
-If it was common that you didn't issue written contracts for your profession then not having a written contract should be less of an issue.
-When you have gathered all relevant evidence to show you have completed this job, then ask your accountant to reply to the Revenues query, listing only the most relevant facts.
 
Last edited:
Thanks Brendan.

There was an oral agreement pre commencement of the work carried out.

I began to smell a rat as I was nearing the end of the works. There was always an excuse not to pay me.

Job was completed Christmas week 2013 and all materials were purchased in 2013 for the job. I invoiced customer in Jan '14.
 
It seems the person I done work for claims they do not know who I am and never met me
Click to expand...

To whom are they claiming this?

To you or to the Revenue?

When you invoiced them in January, did you follow up for payment?

How much is involved?

Did you get a deposit?
 


Thank you very much Fearbeag.

Yes, all items in the receipts are completely connected to the works carried out.

I have already issued revenue with copies of all receipts and some emails. I actually sent them a copy of a contract I had with a supplier for items I received on credit that were associated with the job. All these items are fully paid for apart from one item. Am I liable to refund revenue for the non payment of this item in 2013?

I feel like I am being put on trial to get as much information about this guy as possible. I even had to take a half day off work to gather up as much info as possible.
 

I made numerous errors in my quest to gain regular income i.e. no deposit ect. I blame my own stupidity.
 
PatrickJ said:
Am I liable to refund revenue for the non payment of this item in 2013?
Click to expand...

You should talk this through with your accountant.
It depends on how it was accounted for. If your accountant recorded this as a loss to offset against profits from other jobs then it is likely that you owe the Revenue something for this. Also this potentially is a very tricky one, because you shouldn't reclaim VAT on an invoice you didn't pay. Its not clear from your post that this is what actually occurred, but if it is then you need to rectify this.
 
PatrickJ.

You were not stupid .
From what you write you are trying hard to earn an income .
Ok you were a bit naiive, from what you write I would think Revenue will now accept your bona-fides.

How have you approached getting your k12 ?
For k12 it is worth going after him ,IF he has assets.
Boyos like that need to be hounded!
They create too much hassle for good people.
 
Hi Fearbeag,

It was a foolish error on my part to have claimed the vat. I was convinced at the point of claim that this guy would pay me, of course I was wrong. I will do as you say and ask the accountant how she accounted for the purchase.

Hi Gerry,

The chancer in question hired me via his limited company. Work was carried out at his business premises.

I was involved in a specialist trade, there's only a few of us in the country so my work would be somewhat unique, so it had to be one of a handful of people in the country that could have completed this work.
 
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