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

[wales01man]

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

You can only claim against the LTD company that you worked for did you invoice them ?

[ukracer]

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 ?

depends what you mean. I was being paid commission in return for technical support of the goods they sold and for the use of ebay accounts I set up etc etc. The more I made videos so they could do many things on their won the less they seemed to want my input. It boiled up one day when non of us could access the paypal accounts the owners wife blamed me for changing the password which I had not done.

WE got into a row and their solicitor negotiated with me to carry on using my ebay. This was fine for a month and they paid me in full but two weeks into teh next month they refused to pay me any more and said they did not need me or my ebay any more. They had in fact gone out and purchased an ebay account of a customer.

I never got paid for those two weeks BUT when we finally got the accounts (which was a spread sheet complied by the owners wife it contained inaccuracies.....their solicitor told me to speak to their accountant who said he could not speak to me as he had not been given permission by his clients. I told him I was aware of all his clients scams and it would be in their interests to speak to me as it was a clerical error either by mistake of deliberate.

That is where it ended after months of emails the accountant still refused to speak to me or my accountant.

[ukracer]

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

You can only claim against the LTD company that you worked for did you invoice them ?

I never invoiced them as such for any money even when they paid me some commission. at first it was level but as soon as it started to get big money she took over everything. My accountant requested the money if thats what you mean?

[wales01man]

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

So no invoices If you are charging VAT there musty be a VAT invoice

[Amethyst]

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

Signzworld - UKCutter

Woodpecker reg'd address is a mailing type address as there's 400 odd other companies reg'd there too. So it would be the unit 2 address for any enforcement. Yes it does seem like an established business, their accounts are overdue, but only by a couple weeks so that's not at all unusual. They had some money in last lot of accounts but not a huge amount.

Fair bit of bad feedback about the place. ( mainly about the support, maybe that was before they bought you in, and now its getting bad again as she tries to do everything via your videos? )

WE got into a row and their solicitor negotiated with me to carry on using my ebay. This was fine for a month and they paid me in full but two weeks into teh next month they refused to pay me any more and said they did not need me or my ebay any more. They had in fact gone out and purchased an ebay account of a customer.

So is the ebay signzworld account yours or theirs? http://www.ebay.co.uk/usr/signzworld

[ukracer]

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

Good evening


First of all you will both be aware I am now getting angry about the way Mr Li is being allowed to hide behind his accountant. We have on numerous occasions requested a meeting with Richard regarding Mrs Li's appalling accounts and the way Mr Li is unable to provide evidence to prove our figures are inaccurate.


WE have spent literally weeks making some sort of sense of Mrs Li's figures and assertions/claims. WE have identified her errors and concentrated on purely the money that has passed through my paypal account. As yet we have not taken into account the cash amounts taken by Mr Li on a daily basis or the bank transfers, a large proportion of these were as the result of sales via ebay but paid for in cash or through Mr li's bank account direct.


Mr Li regards both of you as puppets rather than accountant and solicitor and thinks he can hide behind you by just saying things were this way or that way or another way.


We have tried to break things down so Richard can either agree/contest with us the validity of our figures and on a separate basis. Agreements,offers, salaries, employment status etc which may affect these figures, but due to the way Mrs Li writes things in spreadsheets its next to impossible to reply in writing, when all she does is alter the corrected figures and send them back to us.


The only way forward is for my accountant to get together with Richard and myself and Mr Li if he would like to be present.


At this meeting we can establish tentative points of employment law and other areas we can agree (if at all) based purely on figures. We can outline our agreements with Mr Li and these can then be passed to Nick to establish agreement or other wise on their validity or if they are to be contested. If Mr Li chooses not to attend, Richard can then report the situation to Mr li as indicated in the figures we provide.


WE appreciate this is a complex case due to the lack of understanding of both employment and UK law by Mr Li, his lack of command of the english language and his wifes interfering in the day to day running of the business.


This has resulted in Mr li selling products with and without VAT content based on what suits him or the customers not inline with HM revenue and Customs rules. I have no wish to cause problems for Mr Li but as is born out by reports such as these http://www.guardian.co.uk/money/2012...-tax-spotlight you will be aware that tax returns have to be accurate and true and the longer this debacle goes on the more likely it is that submitting my tax returns will flag up to the Revenue anomalies.


The simple facts of this case are that I had an agreement with Mr Li and this agreement resulted in taking his business from hundreds of pounds in sales per month to many tens of thousands of pounds each and every month. Due to Mrs Li being involved and jumping to false conclusions relating to paypal passwords and her paranoia, this resulted in a situation where the trust in me was lost. Subsequent actions proved I had not changed any passwords and it was in fact and IP address issue.


The crux of the matter would in my opinion seem to be Mrs Li's error which shows approx 28 k due from A Taylor, so she thinks A Taylor owes them money when in fact the reverse is true. A Taylor only allowed this situation to continue due to the trust he had for Mr Li to pay the money due to him especially when Mr Li kept saying he needed the cash flow to be able to buy more stock, and indeed the company often ran out before the next delivery. Plus Mr Li stating that as the company grew A Taylor would also grow and earn more money.


Mrs Li however seems to think that when/if more technical support was needed this extra money should come from A Taylor commission of 5.5% despite A Taylor also involved in sales and repairs and support. When in reality IF more technical support staff were needed then the money to pay salaries needed to come from the increased profit from sales.



We even had an interim agreement, overseen by Daryll Thomas , who I trusted as he was a solicitor and even this agreement was broken part the way through a month and the agreed commission was never paid to me.


All I ever asked for was what was agreed. I am actually Technically entitled to a lot of money due to these agreements being broken, but as things stand I am happy to get what is mine and is due to me, as evidenced in the paper work supplied to Richard.





Comments on Reconcilliation Spreadsheet

Mr Li has changed our sheet by:
1. Inputting commission colomns at 5.5%
2. Altering the commission for March (Cumulative First Period) from Ł26,508.72, this taken from Mr Li's orinal spreadsheets, to Ł30,576.74.

The net effect of this is that the net underpayment of commissions is reduced by approx Ł4K, however by doing this he would then have to increase amounts due to A.Taylor in the initial period by Ł4K, therefore no efffect to the summary.

Comments on Summary Spreadsheet

1. Blade and Vinyl sales / commissions, this now confusing as to why this is being questioned, I see no reason for this to be included and no definate answer from Mr.Li. It would seem that Mrs Li has included the total Vinyl and Blade sales in the section she sees as owing to A Taylor (as seen in here sheets) and not realised ALL that money was already taken by Mr Li via paypal directly.



2. Stock charge, we have questioned why this should be included, but as a concession have offerred 50%, they appear to offer nil. perhaps Mr Li would like to provide receipts as he operated a policy of signing for stock when taking things out of the warehouse but NOT when it was being returned. Much of this stock appears to be a figment of Mrs Li imagination.



3. Commission on omitted sales. The calculation deficits are irrelevant. They appear to wish not to pay on resales although A Taylor still provided offer aftersales service to anyone the resellers customers. Looking at the percentage of these, there is no constant variance. In the final months these resales appear to be 10%, in earlier months they appear to be upto 35%.At no time was there any agreement for comission NOT to paid on resellers who paid through paypal. A Taylor was not running a charity so to make this assumption does not make sense.


There is a total lack of consistency in the above


4. L.Taylor Wage Deduction, despite evidence that Lee was employed, they still state other.The introduction of Lee "because A Taylor could not cope" as they say is not borne out by turnover before or after. In fact it was Mrs Li who could not cope as she tried to micro manage and take over tasks at every opportunity.



5. September commission rates, we have stated they have paid at 4.7% not suggesting they should pay at a lower rate. We are simply notifying an error. In fact we have emails stating the commission was to be 8%. Despite this we have stuck to a figure of 5.5%.


WE feel that these comments do not answer any questions made and the balance of Ł40K is due immediately.


Regards Andy Taylor

[Amethyst]

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

Ahh classic case of outgrowing themselves.

I would reword that letter in a much less personal manner and keep it professional. Always write as if the Judge is going to read it.

[ukracer]

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

Signzworld - UKCutter

Woodpecker reg'd address is a mailing type address as there's 400 odd other companies reg'd there too. So it would be the unit 2 address for any enforcement. Yes it does seem like an established business, their accounts are overdue, but only by a couple weeks so that's not at all unusual. They had some money in last lot of accounts but not a huge amount.

Yes the woodpecker address is their accountants address.

Fair bit of bad feedback about the place. ( mainly about the support, maybe that was before they bought you in, and now its getting bad again as she tries to do everything via your videos? )

yes she is arrogant and they got rid of of the 2 guys I trained. I started it from scratch with them. They used to sell on ebay but were banned . I was not aware of this at the time i thought it was just their poor english they struggled with and felt sorry for them. I did everything remotely as my wife is disabled and could spend hours while sitting by her. I built their business up from scratch due to my pro active nature on forums etc

So is the ebay signzworld account yours or theirs? http://www.ebay.co.uk/usr/signzworld

That is theirs they purcahsed it of a customer and then changed the name.

[wales01man]

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

If there is no money forthcoming soon you may have to go for a CCJ then get a HCEO to enforve this to get your money you will off course need proof to put in the claim that a Judge can easily see be prepared off course for an outcome you will not win or get any money IMO FWIW if they can do what they have done they will do anything to avoid paying.

We have read on LB of many cases where Judgement has been won and the debtor does not pay we would all hope this is not the same in your case

[ukracer]

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

Ahh classic case of outgrowing themselves.

I would reword that letter in a much less personal manner and keep it professional. Always write as if the Judge is going to read it.

That was sent to Richard Horton who is their accountant on 1st August 2013. That was in liu of an invoice as a piece of paper saying a figure would not have meant much. There are hundreds or emails. skype conversations and questions to to their accountants. I have all my emails going back years and years.

[ukracer]

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

So no invoices If you are charging VAT there musty be a VAT invoice

AS I said it was a mess...I did NOTHING regarding the money. I provided the ebay account and tech support. They ran the day to day dealing and invoices. They have two Vat numbers apparently.

One thing that came to light and which is one reason why they got shirty with me is I found out they charged some people Vat and not others.

This is what I am speaking to the VAT compliance department about.

[wales01man]

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

A mess indeed needs to be a figure to claim for a CCJ

[ukracer]

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

If there is no money forthcoming soon you may have to go for a CCJ then get a HCEO to enforve this to get your money you will off course need proof to put in the claim that a Judge can easily see be prepared off course for an outcome you will not win or get any money IMO FWIW if they can do what they have done they will do anything to avoid paying.

We have read on LB of many cases where Judgement has been won and the debtor does not pay we would all hope this is not the same in your case

I can deal with not getting any money as long l as I get a judgement.

My biggest problem is how to present it to a judge and also how to make sure I dont get a massive big for legal costs...someone has told me I might be insured on my house insurance...

[ukracer]

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

A mess indeed needs to be a figure to claim for a CCJ

I have a figure. I have approx 27k that is a clerical error and 40k if you include the fact they employed my son and paid him direct BUT then said I had to pay him.........

Plus some stock they claim I had/have but I never had it! and some other figures she has wrong but I think it would just cloud the issue . the 27k is an obsolete and clerical error.

[Amethyst]

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

Okay you need to do a formal LBA to the directors of the company giving them 14 days to pay you - unless you have already done so ?

Then you can enter a county court claim. You may have legal insurance on your house insurance - you'd have to ask them the question if this would be covered. Costs would be against you if you lost. They could be substantial. You could limit your costs liability by making a part 36 offer to settle - but you'd need formal legal advice on that side of things.

You would have to (unless fee exempt - which is possible - see the EX160 form on HMCS website ) find the fee to issue the claim upfront. Fee's are rising on 9th March and after then it will be 5% of the claim value. BAsically it isn't something to do off the cuff as it is expensive to bring the claim initially and carries costs risks. I think it sensible to speak with your house insurance peeps about legal insurance and try and get some legal advice. Some firms will offer a free half hour consultation.

So wording of claim, breach of contract - non ranting - non personal, basically like;

The Claimant provided services to xxxxx Ltd between the dates xxxxx and xxxxx on xxxxxxxxxxxxxxxx basis. The agreed sum of xxxxxx for this work remains unpaid. The sum fell due on xxxxxxxxxxxx. The defendant has agreed the sum of xxxxxxxxxx is due and owing to the Claimant however has continually not fulfilled promises to make payment. A letter before action was sent on xxxxxxx to which the claimant has received no reply.

( of course only say what is true, can evidence, and if you haven't done a formal LBA do one now)