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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have been running a business 6 years. At the time

Customer Question

I have been running a business 6 years. At the time of starting up I had previously got in to debt and had trouble opening a bank account. I already had my original one but needed to keep things seperate from my personal finances. My mum offered to use hers as it was a spare account. She came with me to see the accountant and he said as long as the account was solely used purpose then it should be o.k. After around 5 years of everything being o.k and still using the same bank account my mum got a letter from the Pension Credit Services saying that it was her money and that she had been overpaid pension credit since 2004 (I used her account prior when I worked different company). She went interview at the local Job Centre in April 2014 and we did not hear anything back from them until just before christmas, saying that she was guilty of fraud and that she had an income. At the time of the interview with the Job Centre they refused to let me in and show them my end of year tax statements and anything else I had to show them. Because of this the council have said that she has been overpaid rent and council tax to the sum of £72,000. Where do we stand in this matter?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

my name is ***** ***** I will help you with this.

Alex Watts :

So because you used her bank account they are saying you have been overpaid, is that right?

JACUSTOMER-mpe76hlk- :

They are saying that she has been overpaid, she is a pensioner and receives housing benefit. All the money that went through her account was my money but they are saying she has earned an income

Alex Watts :

Sadly I think you have a number of issues.You were using someone else's account own purposes, this is money laundering.

JACUSTOMER-mpe76hlk- :

Every invoice from my suppliers are in my name and get delivered to my house. I have an accountant that deals with my end of year tax returns. I have bound copies of these that are in my name, I have paid tax on this money.

Alex Watts :

You should have gotten your own bank account, you didnt need credit facilities it would have been possible to get a basic account.

JACUSTOMER-mpe76hlk- :

I was told in the start that it was o.k to do this by the accountant as long as everything tallied

Alex Watts :

No its not ok to do

JACUSTOMER-mpe76hlk- :

I already had 1 account and got some CCJ's against my name, the bank would not let me get another account as I was high risk

Alex Watts :

Its money laundering

JACUSTOMER-mpe76hlk- :

So you are saying the accountant advised me to break the law

Alex Watts :

Yes.

JACUSTOMER-mpe76hlk- :

So what shall I do?

Alex Watts :

Sadly if it went through her account they are entitled to consider it as income

Alex Watts :

You need to go in with your accountant to the Job Centre and explain

Alex Watts :

You then need to get yourself a new account

Alex Watts :

It is illegal what you are doing, it is money laundering

Alex Watts :

She can appeal the decision on Council Tax and benefit, it would go to a Trinbunal

Alex Watts :

You and the accountant can go there too and explain

Alex Watts :

But you must get yourself a new account

JACUSTOMER-mpe76hlk- :

I already have a new account

Alex Watts :

I am sorry if this is not the answer you are after and this is not the one I want to give you, but I have a duty to be honest

JACUSTOMER-mpe76hlk- :

Thats o.k,

Alex Watts :

Can I clarify anything about this today please?

JACUSTOMER-mpe76hlk- :

No thanks

Alex Watts :

Ok, if I could ask you to rate my service before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Alex Watts :

You have rated POOR SERVICE.

Alex Watts :

What else is it you would like to know?

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