confirming address
I have one for the group.
Did customer accounts (CIS), and didn't get paid. Used agency to chase debt and their report confirmed at the address given on the electoral roll for ten years. Tax Return had same address as did bank statements. When I did a site vist to get my money it turned out to be his parents address and he had NOT been there for ten years. This is a breach of election law I think.
So, is that a failure by me of due diligance? HMRC and the bank accepted the details and it's clearly his parents who are coluding in this?
I haven't ben paid, so is this fraud and should I do a SAR to SOCO??
Tax relief on accountancy fees?
Presumably, the client is claiming relief for accountancy fees. At what point should that revert to being disallowable, and hence trigger a report?
Unpaid debt
Do I understand that you have not been paid?
I was told that you can ask a credit agency for an address which has the the most recent economic activity. This may be a way of finding the non-payer.
Good Luck
CCJ anyway
Go for a CCJ anyway last known address will be ok.
Parents of this type always say they have not been there for ages as this discourages the baliffs.
he is probably still there.
You have been rooked, it is quite common in the building trade.
I would say the intention was to defraud you in the first place.
David this happens quite a lot and is usually deliberate.
Lesson to be learnt ! get your money upfront particulary with the building trade.
Report him
You are also obliged to tell the revenue that the return you submitted on the clients behalf may be unreliable as additional information has come to your attention. i.e. overclaim of accountancy fees.
You do not have to tell them of the reason and should not. let them enquire !
you can tell SOCA
get a life what a load of old rubbish
you dont know for certain that he has not been there for 10 years
balme everybody but your self
Tax position
At the time the accounts were prepared an accrual was (presumably) made for the accountancy fee on the basis that it had been incurred.
I do not see any basis on which to amend the accounts now or to suggest that the taxable profit declared was incorrect. The accountancy fee remains a creditor as billed.
David
Get your money
You have his bank details.
Take the debt through the small claims court, get a judgement, and enforce it by applyng for a garnishee order on his account. (Form N349)
Unless he tries to defend it you can do the whole thing online, and giving the court a false address would be a very silly move by him.
Tax Position
David - is it really the case that the tax relief on the unpaid fee endures, even though the "bad debt" can (eventually) be written off for tax purposes by the poor accountant? Surely, that would give rise to all kinds of deliberate abuse.
The other side of the 'bad debt'
I would have thought that unless and until the client (or his new accountant) 'writes back' the accrual for the accountancy fee (by way of a credit entry in the Profit & Loss Account) the tax relief would stand.
David
Small Claims
I have taken 2 clients (now ex-clients) to Small Claims - one was defended, one wasn't, but we won both. It isn't as difficult as you imagine and gets you your money, plus costs.
CIS Subbies talk to one another. If you let this debt go you will find many more CIS subbies trying the same trick.
Confirming address
Thanks everyone for the advice
As for Carnmores comments-I do know, his mother told me on the doorstep and in what way am I to blame? Silly
Addresses
Someone has been using my address without my permission and has 3 companies registered with the directors' private address registered at my address - one company now being in liquidation. The RO is at the Accountants - no satisfaction there as he is dead dodgy and set it all up in the first instance. I have written to Companies House and the Official Receiver but they will not take my address off until the directors agree. Companies House are now saying that they are proposing to remove the two trading companies as there have been no accounts submitted and the Company House correspondence has not been answered ny the directors plus the dodgy accountant has told them he is no longer acting (he is - and the two companies are still trading). So there will be 3 companies with my address as the directors address - basically fraudulently. I cannot get anyone to take it up.
Any advice, please?
TheAncientOne
A
if you cant see then i aint going to tell you
use a bit of gumption , its no wonder the whole ML reporting ssytem is in disarray when you see the commenst above - it beggars belief that people behave in the way they do and i do not exonerate myself
AncientOne
From what you say your NAME is not being used, only your address.
You could consider a protective registration at CIFAS but that is really for names.
You could also consider reporting the fraud via Action Fraud.
However the position is far from ideal even so!
David
Send them a bill !
Bill them for the use of your address, then put them in court when they do not pay !
Complain to companies house that the annual return is incorrect !
Complain to trading standards that the company headed paperwork is incorrect.
Return post to sender (not known at this address)
Make a report to cover yourself.
But most of all do not hold out any hope of action as the authorities really can't be bothered especially if it is near lunch time or a strike day off.
tell the bank
I expect if you tell the bank there are false addresses they may have kittens !
"if you cant see then i aint going to tell you"
Isn't that a bit rude?
not at all
its a bit of a compliment from you tho!
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I wouldn't
I wouldn't regard this as triggering a need to submit a Suspicious Activity Report (SAR) to the Serious Organised Crime Agency (SOCA).
You are only obliged to report knowledge or suspicion of money laundering - although a money laundering offence almost automatically follows any criminal offence from which someone gains a benefit.
But what criminal offence do you suspect?
If you suspect the client has incorrectly used his parent's address as his for the electoral roll - then even if that is an offence it is not one from which a benefit has been obtained.
On the other hand, do you suspect that the client dishonestly gave you a false address with the intention of getting you to prepare accounts without paying you? That could be a Fraud Act 2006 offence from which he has gained the benefit of avoiding payment - but such a suspicion seems a bit far-fetched to me!
David