sorry i didn't have enough space to write all.
Answer and counter claim states:
Mr ……. has requested a refund of monies held in relation to NI/tax contribution during his tenure at the ……The ……….has no issue with this sum however we are concerned that our liability to HMRC will prevail if these funds are not paid directly to them.
We requested from Mr …….. solicitors evidence that this sum has been paid directly to HMRC but have yet to be furnished with completed documents. Documents received from the claimants legal adviser have been verified by our accountants as part filled. Further to this we have made enquiries with HMRC but have faced difficulties in respect to data protection, we are continuing to pursue this enquiry with HMRC.
The claimant has been self-employed or employed in the UK since 2008- this has been verified by reference checking with business that the claimant has worked for. We have been advised by HMRC that any self employed person carrying out services for ………, who were found not to be making relevant payments to the HMRC would leave the business liable. Monies held were agreed with the claimant when the business required proof of Tax receipts, which were not forthcoming after a 6 month tenure. The Claimant was provided with accommodation at the ………during his tenure, but was ejected due to repeated theft, it was after this point the claimant requested the monies to be released. WE have requested from …….. solicitors evidence that the appropriate sums have been paid to HMRC but have yet to be furnished with completed documents. Documents received from the claimants legal adviser have been verified by our accountants as part filled. Further to this we have made enquiries with HMRC but have faced difficulties in respect to data protection, we are continuing to pursue this enquiry with HMRC. We now understand the claimant has worked in the UK without an NI until 2013 MR… CV would have led any business to believe he has legal work status.
Our counter claim relates to …..police incident were MR ….admitted continuous incidents of theft from the hotel.The matter was not pursued as we both signed a restorative Justice Form.
The claimant admitted to this sum which was video recorded. We would like to be advised how we can submit this.
Reply to this:
And my question is if you were defendant/hotel what would you do? Or what should I be afraid/prepared to?
When I filed tax return for 2011/12 I did not account the money held by the hotel but just the amount that I actually received from them. Would that be a problem? I did't think I should pay tax for money that I did not received. Was I wrong? I can't think of anything else that they can use against me. Can you?
So the hotel held 20% of my salary for 14 months for tax purposes because I did't have NI number and therefore could pay my taxes. Once I got my NIn I filled tax return but did not include the amount /20%/ held by the hotel. They are saying that those money are held in PAYE account.
I include only the amount that I actually received from the hotel. I did't think I should pay tax for money that I did not received. Was this wrong? And what impact could this have to the case?
I think there is a misunderstanding.
I worked for the hotel as a chef on self-employed basis. I was registered as a self employed since 2008. Before it was possible to register as self without NIN now it's not. I failed to get NIN till 2013 and therefore could not fill tax return. Hotel was keeping 20% of my salary for tax purposes I left the hotel and after 2 weeks got my NIN and filled tax return for all past years but did not include 20% held by the hotel. So I worked for this money. I will lose court fees + not get my money. What should I do? Call HMRC and say I did a mistake?
My actual question was what can hotel do not to give me my money? I have mediation in a week so I can get ready.
I am suing them :)
Than is their defence but I have send them tax return (not full info just how much I have declared as income) and did not receive any further request from them. Just wanted professional opinion about the case.
What type of expenses can I claim. As far as I know part of the lawyer and court fees is there any other money that I can claim?
Im sure you trying to answer as fast and as correct you can but I also wanna get some info for my money. If you spend little time to read the claim and the defence not just to pick words. Can they ask HMRC for full report about my tax return in details. I dont know exactly what to expect from them/hotel.