self employment - owed money - ltd company

[whattodo1212]

hi, just wanting to see what advice may be available:

• worked on contracted freelance basis for 12yrs+ for same company - 400 miles away so job done via distance
• deemed self employed for tax, NI etc
• owed currently almost £40k
• verbal and messenger/text/email agreements that money is owed by them
• as above that money will be paid

However, despite countless promises and deadlines, the situation appears to be declining whereby an agreed amount for work completed (to prevent the money owed climbing any further) now keeps being late.

The company have several other companies and the people behind live successful lives, both abroad, in the UK with all the usual trappings on show. They are based in England, and the company is LTD.

Since the owed amount has remained outstanding and for several years overall - what would be the best thing to do to recover monies? The company formed from a previous one which was closed a few years ago but it remained the same role, function etc just a different name.

[salsmoss]

Re: self employment - owed money - ltd company

hi, just wanting to see what advice may be available:

• worked on contracted freelance basis for 12yrs+ for same company - 400 miles away so job done via distance
• deemed self employed for tax, NI etc
• owed currently almost £40k
• verbal and messenger/text/email agreements that money is owed by them
• as above that money will be paid

However, despite countless promises and deadlines, the situation appears to be declining whereby an agreed amount for work completed (to prevent the money owed climbing any further) now keeps being late.

The company have several other companies and the people behind live successful lives, both abroad, in the UK with all the usual trappings on show. They are based in England, and the company is LTD.

Since the owed amount has remained outstanding and for several years overall - what would be the best thing to do to recover monies? The company formed from a previous one which was closed a few years ago but it remained the same role, function etc just a different name.

You might want to think of taking something of great value from the company and hang on to it until they pay up, if they do not pay up you can sell it,

[Inca]

Re: self employment - owed money - ltd company

You might want to think of taking something of great value from the company and hang on to it until they pay up, if they do not pay up you can sell it,

Ummm,,wouldn't that be deemed as theft??

[salsmoss]

Re: self employment - owed money - ltd company

No its not theft... the member wouldnt be permantly depriving the other

Theft Act 1968


s.1. Basic definition of theft.


(1) A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and “thief” and “steal” shall be construed accordingly.

[Inca]

Re: self employment - owed money - ltd company

I think the OP would prefer practical advice on how to get his money,working from home I shouldn't imagine he has anything of great value belonging to the company concerned (Thanks Bill-K)

[Bill-K]

Re: self employment - owed money - ltd company

I was going agree with Inca that it's theft, but it looks like it's not theft if there is no dishonesty involved. So - as long as WTD makes it VERY clear that some property is being witheld pending resolution of the issue, then it seems worth considering. It would, I think, be important to obtain written acknowledgement from the firm that they understand this - just so they cannot accuse you of theft - ie., cover your @$$.

[enquirer]

Re: self employment - owed money - ltd company

The company formed from a previous one which was closed a few years ago but it remained the same role, function etc just a different name.

A classic type of company fraud.

[enquirer]

Re: self employment - owed money - ltd company

Ummm,,wouldn't that be deemed as theft??

The Right of Lein.

[Bill-K]

Re: self employment - owed money - ltd company

As Enquirer implies, their activities suggest that they are a dodgy firm, so I guess they are acting true to form here. As Inca and I agree, there seems little chance of WTD having possession of anything of value, so the issue of getting the money from them by legal process seems the real one here, with the right of Lien as a no-go, unfortunately.

My own thought is to issue a legal claim, but unless WTD can claim fee exemption on low income grounds, then this will need a fair amount of upfront costs. These would be refundable upon winning the claim, but I doubt if you are the only guy they have done this to (or are actually doing it to), so you will need to make sure they can't wriggle out of it and saddle you with their costs as well as your own.

EDIT: Tuttsi (who is texting from her hospital bed, bless her !!!) has suggested a 'Statutory Demand,' which is not something I am familiar with. It costs nothing, but often has the desired 'laxative' effect in situations such as this. I'll try and find out more about that.

[salsmoss]

Re: self employment - owed money - ltd company

It will be next to impossible to get your money out of them, we are talking 40k here, so i think the lien is way forward im afraid. Does this company have any vehicles, vans, lorries etc, if not you can draw up a commercial lien on proerties, 40k is no playing silly games with courts who in all fairness will receive a big cut themselves.

[whattodo1212]

Re: self employment - owed money - ltd company

Thanks for replies - yes have no access to anything like that and also, not interested in being like that - I work hard and just want what I was promised for doing so - should not have to resort to anything underhand though I appreciate the thought

A statutory demand is something I looked at so would be really interested in the best foot forward. I am conscious of the limited aspect and that they do change names etc but up to this oweing of money, they were perfect and will continue trading long after I have gone, it is an odd one so appreciate all the help possible as whilst I would like to continue with them, I simply cannot due to this money issue.

As Enquirer implies, their activities suggest that they are a dodgy firm, so I guess they are acting true to form here. As Inca and I agree, there seems little chance of WTD having possession of anything of value, so the issue of getting the money from them by legal process seems the real one here, with the right of Lien as a no-go, unfortunately.

My own thought is to issue a legal claim, but unless WTD can claim fee exemption on low income grounds, then this will need a fair amount of upfront costs. These would be refundable upon winning the claim, but I doubt if you are the only guy they have done this to (or are actually doing it to), so you will need to make sure they can't wriggle out of it and saddle you with their costs as well as your own.

EDIT: Tuttsi (who is texting from her hospital bed, bless her !!!) has suggested a 'Statutory Demand,' which is not something I am familiar with. It costs nothing, but often has the desired 'laxative' effect in situations such as this. I'll try and find out more about that.

[salsmoss]

Re: self employment - owed money - ltd company

Then your best bet is to let the company be as they wish and to treat you as they wish, you have no other remedy im afraid unless you got money to throw away to the courts, these companies are ruthless and have their own inside legal teams who will and can formulate an answer for evidence. In other words they'l fight you all the way.

PS Good luck with your fight with this company.

[whattodo1212]

Re: self employment - owed money - ltd company

They have admitted the debt and the need for it to be paid several times. They are not a massive commercial company, more an office based set up.

[salsmoss]

Re: self employment - owed money - ltd company

How did they admit the debt to you verbally or in writing?

[Inca]

Re: self employment - owed money - ltd company

You must do what YOU think is right for YOU,whattodo, you can always come on here for any advice you need to see this through,and I hope you get a good result from them.