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SASH_Law, Lawyer
Category: Law
Satisfied Customers: 5216
Experience:  LLB (Hons)
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My partner is being held on the North Sea platform because

Customer Question

My partner is being held on the North Sea platform because he owes them income tax he left the platform in Oct 21 having paid nearly all the tax owing I think he owed 3000 its now 20000 pound with interest
But because when he left previously he promised to pay
But he was involved in a car accident and was hopitalizedover a week once he got to manchester eventually he got detained because he is a German citizen wanting to live in England So until he could get all the relevant documents they took him to the german embassy he was there for 3 weeks
And then he had to go straight back to the platform because his cheque was now out of date so he had to explain to the directors why he had not cashed his pay cheque they gave him a new one but he has no cash on him but the tax men won't accept this he wants to pay he's offered once his money has cleared a week at the most can they keep him there is it legal what they are doing the fact that he's no cash he's never going to get home
Submitted: 6 days ago.
Category: Law
Expert:  Ben Jones replied 6 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 6 days ago.

Have you ever met your partner in person, or only online? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can. Thanks

Customer: replied 6 days ago.
I've met him
Customer: replied 6 days ago.
He is coming to live with me that's why we want him home
Expert:  Ben Jones replied 5 days ago.

My apologies, I have looked into your query in more detail but unfortunately it is not something I can assist with. I will therefore ‘opt out’ and a colleague better placed to deal with the nature of your query should hopefully pick this up soon. Please do not reply in the meantime as that will just assign the question back to me and you will experience a delay. Thank you

Expert:  SASH_Law replied 5 days ago.

Hello, how are you today?

My name is ***** ***** I am going to see if I can assist you with your query. Let me just read your first post. I may need to ask you additional questions after I have read your initial post.

Expert:  SASH_Law replied 5 days ago.

Thank you for the initial information.

Is your question about him being held on a North Sea platform? Do you know which one specifically?

Customer: replied 5 days ago.
Kcal deutag
Expert:  SASH_Law replied 5 days ago.

And they've told him he has to pay them his taxes, is that correct?

What country do they fall under?

Customer: replied 5 days ago.
He as already paid the bulk of it and I think he had about 3000 left to pay its now 20000pounds
He left the platform owing the 3000 with a promise to pay when he got home to England but due to an accident and being in hospital then having to spend 3 weeks at the german embassy waiting for his papers I've was late then has to go back to the platform and now they are holding him there till he pays the 20000 pounds
Expert:  SASH_Law replied 5 days ago.

Is he an employee or self-employed?

Customer: replied 5 days ago.
He was self employed it was a 12 month's contract paid at the end of it
Expert:  SASH_Law replied 5 days ago.

Has he asked you to help him pay this?

Customer: replied 5 days ago.
No he has his cheque on him and it needs to go in the bank to clear then he can pay them there money he told them it will probably take a week but they won't let him leave in order to do this
Expert:  SASH_Law replied 5 days ago.

Okay, the story doesn't add up, and you should be suspicious about this, particularly if he asks you for money to help him with this.

There are various red flags, firstly, being self-employed but being expected to pay taxes to the company. Secondly, being given a cheque for an international company instead of a direct transfer of payment to the bank; thirdly, randomly being held in an Embassy due to missing documents; fourthly, being taken back to an oil rig instead of sent back to his own country.

None of it makes sense, and it frankly has the pattern of a well known scam. I note my colleague asked you if you have ever met this person in the flesh and you said you had. If you had, then the scam is even bigger than if you haven't, as that takes some front to do that in person.

But even if you have met him, the red flags are enough for you to be suspicious. If you haven't handed over any money so far, then at least there is no financial damage.

I'm sorry to have to inform you of this, but the explanations he appears to be giving you just aren't realistic.

Customer: replied 5 days ago.
He wasn't paying income tax to the company he was paying it directly to the tax people and he was at the german embassy because he was becoming a British citizen so he was there to get his English passport visa permit or whatever and he got paid by cheque because he doesn't have a bank account he sold everything whilst he was in Germany in order to take on this contract buy his machines etc when the contract had finished the tax men wanted there money he sold his machine that is what paid for the bulk of his tax I hope this helps you
Expert:  SASH_Law replied 5 days ago.

It doesn't make sense. He would not be held by the Embassy. He would not have been sent to an oil rig if he didn't have the right papers, he'd have been sent back to his own country.

The taxman, in this case either Scottish government or HMRC since the rig you refer to has offices in Scotland and England, don't operate in this way.

Expert:  SASH_Law replied 5 days ago.

If you think the situation is genuine, then them holding him against his will is false imprisonment, and him being taken back to the rig without his consent is kidnap. So your course of action would be to call the police and start an investigation into that.

Customer: replied 5 days ago.
I think we're getting crossed wires when he was on the rig everything was right papers etc but when the contract finished we decided he was coming to live with me in England So when he got to manchester he was stopped and asked questions and he told them that he wanted to come and set up home here that's why he was taken to the embassy he got taken back to the platform because owing to circumstances he hadn't cashed his cheque and it was now out of date that is why he was back on the platform
Customer: replied 5 days ago.
He did consent to go back to the platform the accountant there emailed him and explained about his cheque out of date and he needed a new one they paid for him to go back as he was leaving the tax men came and said no you can't leave until this bill as been settled
Expert:  SASH_Law replied 5 days ago.

No, I understood exactly what you said, and my response related to that. People are not taken from the airport to the Embassy, they are put on the next flight back to their own country if they don't have the right papers to stay where they landed.

Expert:  SASH_Law replied 5 days ago.

People are not held by their employers in order to have taxes paid either. That would be preposterous.

Customer: replied 5 days ago.
The netherlands I think
Expert:  SASH_Law replied 5 days ago.

I don't know what your last response pertains to?

Customer: replied 5 days ago.
You asked me what country
Expert:  SASH_Law replied 5 days ago.

Yes, two hours ago. I found out the company is registered in Scotland and England.

Can I clarify anything regarding my response?

Expert:  SASH_Law replied 5 days ago.

If you have met this person, then call the police. Holding him against his will is false imprisonment.

Expert:  SASH_Law replied 5 days ago.

Thank you so much for using JA and allowing me to answer your query for you.

If you have questions on different topics, you can open a new thread and mark it for my attention by putting FORCustomerONLY in the subject heading, or choosing me as your preferred expert from your membership page.

All the best!