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UK expert advice neede – Not Registered For VAT

I have paid some invoices which included VAT relating to materials and labour costs to my builder who is registered with Companies House. Recently I have been informed by the builder that they are not registered for VAT (I assume they do not need to be registered with HM Revenue & Customs if they are not registered for VAT). As I have already made some payments to them which included VAT and there is an outstanding balance payable to them, should I be paying the VAT to the builder / company if they are not VAT registered? Do they have the right to charge / show VAT on their invoices? Due to the circumstances would they be liable to prosecution from HM Revenue & Customs (as they are not collecting the VAT on their behalf) or any other governing bodies for misleading the public. I have already asked the builder why VAT is being charged (awaiting for a response). Do I need to inform HM Revenue & Customs or any other governing bodies of the situation if the mater cannot be resolved?

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