Getting a boat arrested?

[RAI]

RAI: this may well already have occurred to you, but have you consulted your insurers? Perhaps you have added legal protection cover: if so, maybe worth reading the small print?

I have legal insurance. Their attitude is that the sum is so small that it is not worth engaging a lawyer at 300 euros an hour.

 

[RAI]

the other observation is that the leon (if there is one) is on a pile of cushions NOT the boat, pay the contract get a receipt or witness, demand your goods if they don't arrive go to the police with a complaint. In other words YOU DRIVE

Well, I have used the complaints book system they have in Spain, regarding the late delivery of the cushions - it had no effect but another broken delivery promise. The chamber of commerce (OMIC) is not fast off the mark doing anything about it so far.

I could try the police with a "denuncia" (sp?) but it is now a dispute about the exact content of the order verses consequential damages.

 

[njamesphoto]

I had a similar situation in Majorca price went up job not fully done and threatened with the same. In the end I turned up with cash for a mid point and told them its all we have take it or leave it. They took it. Not a nice way to do business but prices increasing after a quote seem common, I suppose they are used to dealing with people with deeper pockets and less technical knowledge.

 

[rotrax]

the other observation is that the leon (if there is one) is on a pile of cushions NOT the boat, pay the contract get a receipt or witness, demand your goods if they don't arrive go to the police with a complaint. In other words YOU DRIVE

I think the word you are intending to use is "Lien" Hope I've spelt it right!

 

[lovezoo]

Well, I have used the complaints book system they have in Spain, regarding the late delivery of the cushions - it had no effect but another broken delivery promise. The chamber of commerce (OMIC) is not fast off the mark doing anything about it so far.

I don't supposed you will get much joy from the chamber of commerce, as really foreigners are seen as fair game to be fleeced by the locals. It might be worth finding a local English abogado who can advise you - it won't cost much to get advice. BTW I wouldn't bother with a Spanish lawyer, who will also be out to fleece you.

Maybe you could pay the guy cash, get a receipt and then denounce him for not paying the IVA (VAT).

 

[RAI]

Maybe you could pay the guy cash, get a receipt and then denounce him for not paying the IVA (VAT).

Dodgey, as the responsibility to pay VAT/IVA is non both parties.

 

[Tranona]

Dodgey, as the responsibility to pay VAT/IVA is non both parties.

No responsibility on your part. Accounting for VAT is the trader's responsibility. "Cash" payment in itself says nothing about VAT.

 

[RAI]

No responsibility on your part. Accounting for VAT is the trader's responsibility. "Cash" payment in itself says nothing about VAT.

It does if you go along to the VAT man and say "I paid cash to this person. They didn't charge me VAT".

The law probably varies between countries, but in Belgium, for example, as a customer you must ask for a VAT receipt and carry it at least 100m from the shop. Not to do so is an offense. But it can be hand written on a special form. In Germany, only printed receipts and accepted from terminals that calculate and state VAT (MWSt.). No idea what the rule is in Spain, but they certainly always offer a receipt free cash option.

 

[macd]

The law probably varies between countries, but in Belgium, for example, as a customer you must ask for a VAT receipt and carry it at least 100m from the shop. Not to do so is an offense.

Surely that cannot be right. How do you know the trader's VAT-registered? A receipt, maybe, but not VAT receipt.

 

[RAI]

Surely that cannot be right. How do you know the trader's VAT-registered? A receipt, maybe, but not VAT receipt.

If he is a trader, offering the public goods or services, he has to be VAT registered. If he is a private individual, he is in a dodgy situation selling goods or services.

 

[GrahamM376]

Surely that cannot be right. How do you know the trader's VAT-registered? A receipt, maybe, but not VAT receipt.

In some countries, if you are trading you have to be VAT registered whatever the turnover. No such thing as being below the turnover threshold.

 

[Tranona]

It does if you go along to the VAT man and say "I paid cash to this person. They didn't charge me VAT".

You have no idea whether he accounted for VAT or not. S/He will normally provide you with an invoice showing the VAT amount because that is usually the mechanism for calculating VAT payable by the trader (VAT charged minus input VAT), but there is nothing customs can do to you if you do not have it. However, they may be interested if they are investigating the trader as it is the only data source for the tax.

 

[lovezoo]

In Spain everyone who does business has to pay VAT (IVA) from day one. The VAT number is just their identity number (similar to a British NI number).

However my suggestion of denouncing the trader was tongue in cheek really, hence the . Perhaps better off naming and shaming on this forum, with the name of the trader concerned as the thread title. Google will remember for ever more.

 

[RAI]

So far, she still hasn't sent me an IVA invoice, but I guess it's coming. So I haven't yet paid.