Third party claim refusals to pay VAT

My third party claim, accident happened on that 07/12/18.

I submitted all the documentation then she suggested to have an Assesor to check the damages in July which was done in February. She told me inconsistent stories of how she has to appoint assesor then I forward he all relevant mails that were sent. Then boom she will use the previous assessment.

She sent me a Offer we sign the offer she tells me we not liable for VAT his we deduct the amount send a new offer, she’s now, works at SARS. Section 8(8) which she is failing understand as she strongly believes she acting on.

What does section 8(8) indicate: VAT138. Insurance claim proceeds of April 1995. - clearly indicates payment received by a registered vendor from insurance company are subject to VAT if loss related to carrying on vendors enterprise. - If company pays a third party directly then insured must still account for output tax in the payment, if for motor vehicle. - In such cases you should claim the VAT portion from the insurance company to enable you to pay SARS.

She says she acting as per SARS and this section but she has no knowledge the meaning of the section. I have put on with her poor service, mediocrity and ludicrous for far too long.

We have a reputation to delivery to our clients and we are being inconvenience due to lack of knowledge. How she can proudly say she’s acting on section 8(8).

Your customer paid his excess b like he was required but now she is busy withholding payment.

I will be contact my legal team take it up with your client should sure mediocrity continue, she needs to advise when payment will be made, only.

Sithembiso Sibiya is her name, the lack of knowledge is disturbing.