Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : How much has been lost please?
in amounts ranging from £80 to £300
All cheques were made payable to one of the previous directors with supplier names on the stubbs
Alex Watts : So in short, fraud?
so what do we do? obviously the company has lost money. No tax or NI has been paid and we imagine VAT has been claimed back on the amounts by the accountants. Arent the accountants somewhat negligent for not asking for Invoices to collate these payments?
Alex Watts : You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Alex Watts : You could also go to the Police as this could well be fraud.
Alex Watts : Can I clarify anything for you about this today please?
can we also contact HMRC and inform them that "skimming" has been going on
Alex Watts : Yes you can do that too,
is there any time limit on when discovered and subsequently reported
Alex Watts : No Time limit on fraud.
we,ve since found cheques going back to 2006 so goodness knows how much he's had in total
its costing us £12 for each cheque we ask for. I assume we can claim that too
Alex Watts : Yes add that to your lossez
Alex Watts : losses
Alex Watts : Can I clarify anything else?
thank you Alex. We also discovered he had been paying one of the drivers cash in hand £150 per week for over 3 years. No tax or NI paid by either party. cant wait to see what we discover next
Alex Watts : Indeed.
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Finally is it worth us going to see a solicitor as we could be looking at misrepresentaion over the sale of the business. We would never have taken it on if we would have known what he'd =been doing