Massive mess relating to commisssion , VAT and Claims in court.

[ukracer]

I am not sure anyone can assist me with some advice but it wont hurt to ask. Back in 2012 I was working with a company who were paying me commission on sales. First of all you need to know its two Chinese people who live in the UK but dont have any regard to UK laws.

The upshot of it all was a solicitor got involved and said they would pay what they owed BUT two weeks later they decided to just kick me out. They did pay February 2012 commission in full so they seemed to manage to get the figures right then but half way through March they pulled the plug and refused to pay anymore.

This was after my accountant had found out where the chinese lady had made a mistake and added a figure of approx 23k THREE times into the spreadsheet she knocked up (claiming they were done by an accountant.). These figures showed the 23k appearing in sales from ebay and then their bank account BUT crucially also as owing by me to them as a debt...

As I say its a LONG story and if anyone can advise me I can expand more but suffice to say I was left without money to take them to the medium claims court. Now I have saved up some money to get me going I am concerned about what legal expenses can be claimed by them . I dont see how they can win but with the law its an ass and often its he who has the deepest pockets who can force submission IMHO.

Regards Andy T

[Kati]

Re: Massive mess relating to commisssion , VAT and Claims in court.

Hi Andy, welcome to LB
I'm sure the knowledgeable Beagles will be along soon to offer advice.

K x

[seduraed]

Re: Massive mess relating to commisssion , VAT and Claims in court.

If you are goingto the small claims court then costs are usually fixed . Before issuing a claim make sure that you have everything you need and you make determined attempts in writing to setle the issue . This willl stop the others trying to get the case struck out on abuse of process. Wait a little and knowledgable beagles will be along

[ukracer]

Re: Massive mess relating to commisssion , VAT and Claims in court.

If you are goingto the small claims court then costs are usually fixed . Before issuing a claim make sure that you have everything you need and you make determined attempts in writing to setle the issue . This willl stop the others trying to get the case struck out on abuse of process. Wait a little and knowledgable beagles will be along

Could you expand on what you mean by having everything I need?

Shortened version is I am taking a guy to court who happens to be chinese and does not have regard to UK law. He owes me approx 40k BUT i might only go for 27k as this can not be disputed because its a clerical error on their part. The other 13k could be disputed for various reasons.

My concern is if I were to loose how much could they claim in costs and how do I prevent them shutting that company OR just moving the money from one limited company to another while I am claiming.


The VAT is separate issue but thought I would throw it in as it might be useful to others to know what happens when you sell on ebay . I have been asked by the Tax compliance team to account for the vat on all the sales made by them for the last 4 years....

Regards Andy T

[Amethyst]

Re: Massive mess relating to commisssion , VAT and Claims in court.

If you are going for court action then be aware the court fees are changing massively next week ( 9th March) and the court fee will be Ł1350 ( currently Ł550-Ł610 )

So if you are ready to issue a court claim and have taken all the preaction steps you can issue the claim and send the particulars of claim within 14 days.

If you are claiming Ł27k then it will be fast track and you would be liable for the other sides full costs should you lose. This could easily be Ł5k - Ł10k +.


Is it a Ltd company and where is it based/registered ?

''dont have any regard to UK laws.'' doesn't sound like bringing court action is going to have a huge effect - once you got a judgment you would need to enforce it - is there anything to enforce against ? It all sounds a little bit dodgy tbh. Did you declare your income ?

[wales01man]

Re: Massive mess relating to commisssion , VAT and Claims in court.

Plenty of advice on here from others will come but as you asked some What Ifs?

Will they transfer money to another Company?
What if the Shut the Company>

Very easy for them to do this worth checking if you can the Company accounts and assets if they are willing to refuse to pay you it stands to reason they will avoid paying after a judgement.

As Ame says court fees are rising and there is no guarantee you will get money after a CCJ is won other costs will be involved Take some time to look into everything about these people and what it may cost to pursue the debt a Negative response from me but as we have read on here a judgement does not get the money they I suspect know how to play the system

[sean5302]

Re: Massive mess relating to commisssion , VAT and Claims in court.

The new fees for money claim applications





If the money claim is below Ł10,000, as 90% of claims are, then the court fees will remain unchanged.


For those claims above Ł10,000, the court fee will be 5% of the value of the claim, capped at a fee of Ł10,000 for a Ł200,000 claim.


There will be a 10% discount on fees for claims started via Money Claim Online (MCOL) or the Secure Data Transfer facility.


At the Ł10,000 claim point, the impact will be:


Current fee Ł455, new fee Ł500
MCOL from Ł410 to Ł450
However, at the top end of the MCOL scale, Ł100,000, the difference is more noticeable:


Current fee Ł1,115, new fee Ł5,000
MCOL from Ł815 to Ł4,500

[ukracer]

Re: Massive mess relating to commisssion , VAT and Claims in court.

The new fees for money claim applications





If the money claim is below Ł10,000, as 90% of claims are, then the court fees will remain unchanged.


For those claims above Ł10,000, the court fee will be 5% of the value of the claim, capped at a fee of Ł10,000 for a Ł200,000 claim.

Why did I know I can rely on this government to try and make it awkward for working people to claim money back from the fraudsters.....?

[wales01man]

Re: Massive mess relating to commisssion , VAT and Claims in court.

What did you expect from a Government run by public schoolboys living of daddies money.

[ukracer]

Re: Massive mess relating to commisssion , VAT and Claims in court.

If you are going for court action then be aware the court fees are changing massively next week ( 9th March) and the court fee will be Ł1350 ( currently Ł550-Ł610 )

Why does it always happen to me.

So if you are ready to issue a court claim and have taken all the preaction steps you can issue the claim and send the particulars of claim within 14 days.

I have asked them for the money and the reply from their solicitor was take us to court. But I have done nothing since then as I have been saving the money and have just got to Ł600....

If you are claiming Ł27k then it will be fast track and you would be liable for the other sides full costs should you lose. This could easily be Ł5k - Ł10k +.

This is what i hate about UK law. Its a simple case of she has made an error in her accounting but I am being made to pay for it....

Is it a Ltd company and where is it based/registered ?

It is several limited companies trading from the same building using the same stock and staff etc.

''dont have any regard to UK laws.'' doesn't sound like bringing court action is going to have a huge effect - once you got a judgment you would need to enforce it - is there anything to enforce against ? It all sounds a little bit dodgy tbh. Did you declare your income ?

Yes they have stock in the UK.

As for declaring income I have been told by my accountant that we need their accounts to be able to give accurate accounts as so far I am making a loss

[ukracer]

Re: Massive mess relating to commisssion , VAT and Claims in court.

Not a lot really.

[wales01man]

Re: Massive mess relating to commisssion , VAT and Claims in court.

Can I suggest you search the Company who you would be claiming against online there are several websites that carry company info .
sorry to say if you were owed money by a LTD company that has no money and no assets you may get nothing.

[ukracer]

Re: Massive mess relating to commisssion , VAT and Claims in court.

Plenty of advice on here from others will come but as you asked some What Ifs?

Will they transfer money to another Company?
What if the Shut the Company>

I need to be able to stop them doing both, But they will still want to trade as their turn over is above a million a year.

Very easy for them to do this worth checking if you can the Company accounts and assets if they are willing to refuse to pay you it stands to reason they will avoid paying after a judgement.

This is the sort of advice I am seeking.

As Ame says court fees are rising and there is no guarantee you will get money after a CCJ is won other costs will be involved Take some time to look into everything about these people and what it may cost to pursue the debt a Negative response from me but as we have read on here a judgement does not get the money they I suspect know how to play the system

I know all about these people . I know where they live and the fact they have just moved premises closer to me . They were in Birmingham and they have moved to halesowen.

They are chinese but have two kids so need to stay in the UK. If I can get judgement I know they will have enough stock on site to pay me.

My biggest problem is the legal costs. Of their side. I KNOW I am in the right but sadly this does not mean jack in uk law from my experience of it.

[Amethyst]

Re: Massive mess relating to commisssion , VAT and Claims in court.

Do you have the evidence that this money is owed to you? Contract/Agreement of commission rates etc ? Invoices ?

[ukracer]

Re: Massive mess relating to commisssion , VAT and Claims in court.

Can I suggest you search the Company who you would be claiming against online there are several websites that carry company info .
sorry to say if you were owed money by a LTD company that has no money and no assets you may get nothing.

They have money and assets woodpecker techonology (note the wrong spelling is correct) is one of their companies and another is signzworld.