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Legal matters

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Original poster

I have been scammed advice please

95 replies

coco2303 · 06/05/2016 20:21

Hi I hired gardeners in February to pave an area of my garden and turd the rest. I had been saving up for ages my house is council and the last tenants destroyed the garden so I can't let my children out there to play.
Anyway I advertises for a gardener and someone I know recommended her partners dad and grandad.
They charged £1300 (which was about the same as other quotes I received). So I went with them as I always thought it is good to give work to people you know etc.
Anyway because I trusted them I gave them all of the money so they could buy the materials they needed and get the job done.
We are now in may they have paved the part of the garden I needed paved but I now cannot get in touch with them to finish the job.
For me to get it turfed it will be £800 and I really can't afford another £800.
I have a receipt can I go through a small claims? And would they even find them they literally will mot answer the phone to me after months of trying to contact them.
Now I know people will say not to pay all upfront and hindsight is a great thing.
I just really need to know if there is anything I can do to atleast get some of the money back so I can pay someone else to finish the job xx

OP posts:
lifesalongsong · 07/05/2016 16:51

If the accountants have a professional qualification you could also report them to their professional body. I bet they would want to know if something odd is going on

Original poster
coco2303 · 07/05/2016 16:54

I guess if the accountants aren't doing anything dodgy then they have nothing to worry about....
If they are then mrsgradyoldlady has done people like myself a favour.
And if they are doing everything right then they need to be careful with the companies they take on

OP posts:
MrsGradyOldLady · 07/05/2016 16:59

I don't know that, no, which is why I've reported them to HMRC and ICAEW. It could be entirely coincidental that so many of their clients just happen to know about this "loophole".

MrsGradyOldLady · 07/05/2016 17:06

Yeah we wouldn't work with businesses like these. We used to offer the tax schemes when they were still legal but there's a world of difference between tax evasion and tax avoidance. In my 25 plus years in practice I've known of ONE client who did this.

ShmooBooMoo · 07/05/2016 17:33

What date is on your 'paid in full' invoice? That will be good evidence if it clearly shows it's after the January date.

Original poster
coco2303 · 07/05/2016 17:36

The date on the invoice is 7th February 2016

OP posts:
ShmooBooMoo · 07/05/2016 17:43

So, according to MrsGradyOldLady's research, the company director (who I assume is one of the two men you dealt with) applied for the company to be struck off in January, so committed to and were paid for work they knew they would not be carrying out. Point this out to CAB.
I am wondering who the director is...it could be the company was in one man's name and the other signed invoices (to try to avoid liability). I am not a legal mind so don't know....but I'm guessing this could be the case. Maybe some one more knowledgeable will chip in.
I know it's a bit late now but never pay any trades person in full in advance of work being carried out. I hope you are able to get something back.

Original poster
coco2303 · 07/05/2016 17:45

I think I have accepted the fact I won't get any money back but I am glad mrsgradyoldlady has reported them and the accountants. I hope noone else gets suckered in by them. I don't know whether to post on the Facebook selling pages telling people to avoid these people at all costs. As they should not still be trading and a previous poster has said that they are still knocking on peoples doors Angry

OP posts:
MrsGradyOldLady · 07/05/2016 18:27

I've spent most of the day reporting every single one of them - every company that's either been struck off or is in the process. I've been ill in bed with a stomach bug so it's been an interesting distraction!

This loophole has existed for at least 6 years. I must have reported at least 50 companies today. I'm not sure why the government can't focus on stopping this rather than cutting benefits for the disabled etc etc. HMRC are supposed to check the notices in the Gazette but obviously they don't and these people get away with never paying taxes. No wonder this country is so bloody skint! And this is just ONE firm of accountants. I have no way of knowing how many other of their clients with a different registered office have done this on top of the ones I've reported.

These are all recent too. All under 2 years old.

Original poster
coco2303 · 07/05/2016 18:30

Thank you for your help mrsgradyoldlady Smile.
And I hope you are feeling better aswell

OP posts:
MrsGradyOldLady · 07/05/2016 18:31

In fact maybe my husband and I should do the same. We could just start company after company and never ever pay tax - just get them bumped and then start again. We'd save a fortune. Might take the kids to Disney...

MrsGradyOldLady · 07/05/2016 18:32

I feel crap but I've lost soooo much weight so it's not all bad Grin

Original poster
coco2303 · 07/05/2016 19:24

Haha take me to Disney too Smile.
And you see every cloud. You will come out of your sick bed looking like a supermodel

OP posts:
CuntingDMjournos · 07/05/2016 20:00

This reply has been deleted

Message withdrawn at poster's request.

MrsGradyOldLady · 07/05/2016 20:17

I reported it to HMRC using their "tax evasion hotline information report form".
I reported the directors names and companies names and in the box where it asks for information I put about them using the automatic striking off loophole for late annual returns. Don't know if they will do anything. Probably not with the ones that are already dissolved but there are a fair few they may be able to stop as they're able to put in an objection with companies house. I also reported that there were many others all with the same registered address.

Some of my clients have been investigated due to "tip offs" but they were all fine as they were operating legitimately. Still a pain in the arse though.

MrsGradyOldLady · 07/05/2016 20:22

Sorry that wasn't clear. Some of the companies haven't actually been struck off yet. After the annual return is late it takes a about 4 months to actually get struck off. If it gets stopped before then HMRC can get the tax and stop bank accounts being emptied.

MrsGradyOldLady · 07/05/2016 20:38

Actually maybe they will do something. They went to town on all Christopher "accountant to the stars" Lunns clients and investigated them all. That was different though - he was deliberately inflating and double counting costs to reduce profits.

Banananaaa · 07/05/2016 21:26

I've sent you a message OP

MrsGradyOldLady · 09/05/2016 23:45

Turns out it's perfectly legal. Just start a company then wait for it to be stuck off. Keep the tax. Then in the meantime set up another company in preparation for the first company being struck off. That's fine. Government don't care.

MrsGradyOldLady · 09/05/2016 23:52

I think we should all do it. If no one paid tax the government may actually start to give a shit. I'm going to set up my own company - only costs 30 quid - then spunk my corporation tax money on botox,fags, prosecco and holidays. Might even develop a drugs and/or gambling habit

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