I had a client who was due me a considerable amount of money that was CIS deductable, however, I ended up having to go to court for payment via winding up petition so had to disclose the total full invoice amount inclusive of VAT.
They eventually signed a tomlin order and personal guarantee and finally (after being late on several occasions) paid the full amount stated on the legal documents. A few months after this was settled they have now come back and said they made a mistake and should have only paid 80% of the documented Tomlin and Personal Guarantee amounts as they didn’t take the CIS into account so didn’t remove it.
Can I now direct them to deal with the HMRC regarding this as I have been clear and upfront in every dealing and the court petition clearly stated that the overall amounts were inclusive of VAT so the mistake is at their end not mine and in addition as I had to go through the legal process would this make any CIS deductions void so they are liable for the full amount.
Thanks in advance