AA99
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Everything posted by AA99
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It's 3 sentences! Also advised by ericsbrother. I really don't know how I could shorten it further?
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Thank you Andy, you're not referring to my revised POC in post 24 though are you?
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He is reluctant to proceed now as he says they will do ANYTHING to save a few £££! Looking back through this thread, my son does not appear to have ever had anything other than a verbal contract with the construction company. The Exchequer people act as an agency to pay sub-contractors, and I am not 100% sure that we shouldn't be suing them! I'm going to phone them tomorrow......
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Thank you. I just hope they don't try a huge counterclaim as insinuated! I'll get this off now........
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Revised POC POC revised.pdf
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Thank you. I apologise. Just so upset with them and a lot else right now. I shall amend and repost.
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Herewith POC. Is this suffice? POC.pdf
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Thank you for that. We shall proceed for an MCOL for monies owed then. I am of course able to obtain my son's signature where required on anything and am not acting alone. I am appointed as his representative on his HMRC online self-assessment account. Is there anything I need to know before commencing MCOL? I will of course do some homework on this site this evening. Thanks again
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Sorry for the delay....... the good news is that I have had a very construction 'chat' this afternoon with the HMRC's CIS sction who have confirmed my son's exact employment status as being self-employed but under the employ of a contactor who in himself, is obliged to obey the CIS rules of disciplinary procedure, ie, verbal and written warnings prior to dismissal! So I should like to proceed with a £65 (?) to file a MCOL. This is now 6 weeks since this happened and my son is not fairing too well and we are now in 2 minds to sue for libel and personal damages resulting from their action. Time for some very welcome fine legal tuning please
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He is called a CIS (Construction Industry Scheme) Self-Employed Sub-Contactor. They QUOTE Care about our sub-contractors and ensure they are paid accurately and on time.UNQUOTE Exchequer Solutions are the Agency who run the payroll and made tax deductions and their own fee deductions. As has been said, there could have been some fees to be avoided by going Limited but that didn't happen. However, the original building contractor has stated that the issue needs to be taken up with the Agency and the Agency have thrown their hands in the air!!! I have just been re-reading Exchequer Solutions webpage but believe I'm not allowed to post their link........
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That's what it referred to itself as (employer) in the original contract before CIS registered. I believe Exchequer is an umbrella company for agency payments although their website states that Umbrella is when they deduct tax and NI. When you are CIS registered as self-employed, they only deduct tax (and their fee).
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Yes, thanks for that, I was aware of that. However, he rather enjoys his little refund every year I am just finding it so difficult to determine who is responsible in this instance. I think I need to bring Exchequer into the case but when I did ask them initially, they put their hands in the air and said they know nothing!
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It's quite confusing who is the employer. The initial contract in 2014 is between the named (son) and Exchequer (the Employer). Then in 2015. we registered online with Exchequer for CIS self-employed status, and with HMRC, and received a Unique Tax Reference Number. Exchequer deduct their fee and 20% tax when they receive payment from the construction company. We then claim back tax at the end of each tax year directly with HMRC.
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The attached response to LBA now received. This is all denied by my son and he is now afraid that even his ex-colleagues will not defend him for fear of losing their jobs. WT response..pdf
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Thank you so much ericsbrother. For some reason, I didn't receive a notification that you had replied but thank you anyway. I normally invoice directly to the construction company and they instruct the agency to pay. I shall get an LBA off tomorrow.
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Hi all Some words of legal advice please. My son has been employed, on a self-employed basis, with a major construction company, paid through Exchequer Solutions, with basic 20% deducted and I claim most of his tax back each year. He has worked tirelessly for the same employer 2 months short of 3 years as a carpenter/multi task contractor. Unfortunately, the company is owned by a father and son duo. The father is a very reasonable but ageing man who mainly stays in the office and the son is a complete upstart, worth millions, knows nothing of the construction industry, but did a business course so feels totally able! This humble description of him is shared by many. A few weeks ago, the son of the employer and my son had their final fall-out/disagreement and it was to be the hair that broke the camel's back. My son made it clear that he was no longer prepared to work for his company and left there and then. I have been invoicing for his work 2 weeks at a time, a week in arrears. When I submitted his final invoice, in addition to the final few days work, totally some £1k, we received an extremely vicious and libellous email saying that my son had taken advantage too many times by over-invoicing for hours not worked and if anything, he owed them money! This is, of course, not true, and even if it was, how can they wait nearly 3 years to come out with this after he's left their employ as such?! I did write to Exchequer solutions for their opinion, seeing as they have deducted a fortnightly fee for their services off his invoice, but they have put their hands in the air and said "I know nothing"! What are our rights please, if any? Thanks in advance
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Arrows/Shoos claimform - old M+S Credit Card debt
AA99 replied to AA99's topic in Financial Legal Issues
Thanks Andyorch. That request is made in the CPR to Shoes, yes? -
Arrows/Shoos claimform - old M+S Credit Card debt
AA99 replied to AA99's topic in Financial Legal Issues
Do I need to write to them for that? -
Arrows/Shoos claimform - old M+S Credit Card debt
AA99 replied to AA99's topic in Financial Legal Issues
Copy contract received today from Arrows, signed and dated 10 May 2007. Again, it's taken me the best part of this afternoon to upload these docs, hope they're OK this time, phew! 2017 CCA return.pdf -
Arrows/Shoos claimform - old M+S Credit Card debt
AA99 replied to AA99's topic in Financial Legal Issues
I thought that!?!?!? What to expect next? I believe it becomes statute barred in May. -
Arrows/Shoos claimform - old M+S Credit Card debt
AA99 replied to AA99's topic in Financial Legal Issues
Arrows letter received today: 2017-01-10 Arrow letter.pdf -
Arrows/Shoos claimform - old M+S Credit Card debt
AA99 replied to AA99's topic in Financial Legal Issues
HM Courts receipt of defence dated 3rd November, received on 7th November, nothing else received since. Do the court stay the claim and should it appear on my MCOL ? -
Answerphone messaged received from Quoteline Direct saying the monthly payments must still be made and have to wait for the liquidators to pay out. Seems very unfair
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I've read as much as I can on this outfit. I had van insurance with Enterprise, taken out through Quoteline Direct via F Wilson, Brokers, and financed monthly by Close Brothers. The policy was effective from 24th March 2016 for 1 year. Close Brothers say I cannot cancel the payment plan with them and I must contact FSCS. I have contacted F Wilson and awaiting a reply. I am trying not to tarnish my credit record by withholding monthly payments to Close Brothers although I have been forced to take out a new policy with effect from 31st October. Any guidance please?
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Arrows/Shoos claimform - old M+S Credit Card debt
AA99 replied to AA99's topic in Financial Legal Issues
Acknowledgement of receipt of defence received from HM Courts today.
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