Hello all, I post in this place like once every 10 years because most things I can deal with myself, but thank God for this place because when i don't know what to do regarding some advice / legal advice, I know this is the place to come to. Anyway I am having an issue with a self storage company in London (one of the big ones). So basically I gave them 7 days notice to close today, and they said they have to charge me £15 because the 7 days 'crosses over' which is basically bull****, I know they're just trying to screw me for money. This is the first issue. The second issue is they sent me back an e-mail saying they 'require the unit to be cleared during office hours for the sake of thealarms on the units' which again is crap, because I was with this self storage company for 6 months and I could take my stuff in and out as I please 24/7, at midnight, outside office hours, weekend, whatever, it wasn't a problem. But now that I gave them 7 days notice to close, they're saying I can only take my stuff out Mon-Fri 9-5, otherwise I'll trigger the alarms. Which of course, if I do, they will promptly charge me like £30 admin fee or something. And bear in mind these 7 days (9th January - 16th January) I've already paid for last month, but they're imposing this new set of conditions. This really is a problem for me because I need to move my stuff out in the weekend, and of course they'll probably put the alarms on in my unit, which they shouldn't do, and then when I move it, it will ring, and they will say they can charge me for this. Is there some Ombudsman that I can go to complain about this? Can I also tell my bank Barclays to block any payments taken out by that company? (They said the £15 they will charge me because of 'cross-over' will go out automatically' Thanks all in advance, and mods, if this is posted in the wrong sub-forum, kindly please tell me where to post it so I can get maximum exposure to this post. Thanks a lot all for reading.

Hi all, Just looking for some advice on what I should do going forward. For the record I am a resident in Scotland. I have accrued around 47k of unsecured debt among six creditors in the UK. 1 Ratesetter £23.8k P2P loan 2 Barclaycard CC £4.9K 3 Tesco Bank CC £5.9k 4 Virgin Money CC £6.2k 5 Hitachi deferred payment £4.5K 6 V12 Secure Trust Bank £1.8K I am now at a point that I am about to start missing payments and will end up defaulting. I have spoken to step change who have recommended a DPP under the Debt Arrangement Scheme as I have a flat with equity that I wish to protect. While this is the formal way of things I thought I could perhaps try the informal route first and doing a self managed DMP with it being more flexible and being able to pay off creditors with lump sums if I can get some overtime built up. I filled out my income/expenditure sheet and included this in a letter to each of my creditors explaining I can no longer service my debts and included a revised payment amount (pro rata of £585 surplus). The letters were sent 1st class recorded signed for. All direct debits have been cancelled today also. I assume it is now just a waiting game for their responses? I reckon they will more than likely reject especially Ratesetter - this is the debt I am most worried about as it's a high amount and essentially other peoples money. Am I doing the right thing here? Should I just be going straight for the DPP to save any court cases? Any help or advice on the matter is greatly appreciated.

I applied to a job Ad from a Recruitment Agency (XYZ) to work for a big IT Consultancy firm (ABC). I got interviewed by ABC and got selected. The job contract was signed between Myself and the XYZ. I started the new contract with ABC on 12th September and they asked me to work for a Government client. After 3 weeks of working, one day (3rd Oct) when I was at Gov client office, I overstayed and worked till 8.30pm and I was alone in the office after everybody left. On 4th Oct, when I went to office as usual, Gov client asked me to leave their office immediately as I had breached their security. I was on visitors badge and as per the rule I was not supposed to be alone and one of the regular badge holders should have been with me always. This was not briefed to me before I started at Gov office by the ABC or ABC staff instructed me leave the office on time. On 5th Oct, ABC called to their office and informed me that they are not happy with my work performance and they are terminating the contract with immediate effect. They did not mention anything about incident happened at the Gov office. ABC said they would pay for all the work till date and additional 1 week for the notice period. After the termination, I sent the invoice for the number of days worked to the XYZ. On 17th Oct, I received letter from XYZ saying that, The reason XYZ was unable to continue its contract with the Client (ABC) was due to the services not being performed by the Consultant Company (myself) to the required standard. As a result of this breach XYZ has incurred losses, such losses amount to £xxxx.xx + VAT. In accordance with clause 3(f) and 10 of the contract, XZY shall deduct this sum from outstanding invoices. I totally disagree with XYZ because, - There is no defined performance standards or metrics mentioned in the contract - When ABC is happy to pay for the work done and for the additional 1 week notice, XYZ should not have any hand in this. - I don’t think ABC would have sent a letter to XYZ with the reason for terminating the contract I won’t let XYZ to go ahead with their claims at any cost. They have provoked me with this unethical and unfair business practise and won’t let them carry on. In responding to XYZ’s claim, I am including the following points in my letter: - How am I responsible for the loss - In what way I failed to perform the contract work - How did they arrive at the cost I need your help please to fight against this rogue XYZ agency and for them to pay the full amount for the work I did. Please advice on how I can respond to XYZ claim. Thank you PS: I have extracted section 3(f) and 10 from the contract and shown below. 3 (f) Whenever under this Contract or otherwise arising from the relationship between XYZ and the Consultant Company any sum of money shall be recoverable from or payable by the Consultant Company, the same may be deducted from any sum then due, or which thereafter may become due, to the Consultant Company under this Contract, or any other contract between XYZ and the Consultant Company (or any of its affiliates). 10 Indemnity The Consultant Company shall indemnify and hold harmless XYZ against any and all claims costs expenses losses or damages whether direct or consequential arising from the Consultant Company's breach of any provision of this Contract including all administration costs and all claims costs expenses losses or damages arising from the negligence or acts or omissions of the Consultant Company or its employees agents or subcontractors.

Hi. Right Kind of upsets, but here we go. I WAS self employed. Had an accountant, etc. I gave this up in March 2015. I told my accountant, etc., and they said they'd deal with it. I then took up full time employment with a company. HMRC sent me a letter to my name saying I owed them for tax and a late filing of returns. The bill was £1654.72. I agreed, and for the last four years or so, I'm been paying it through my PAYE. In about February this year, they said it was paid off, and my codes, etc., returned to normal. Today, an enforcement officer arrived, demanding £9,198.66, plus saying he was going to lump on £1735 more on if I didn't pay. An additional factor is that from March 2013-April 2018 I was in an IVA, which I paid every payment to, and was discharged in April of this year. Don't know if it's relevant or not... Now, as far as I can tell, the following has happened... My accountant didn't do the right paperwork in 2015. The HMRC have been sending "demands" or whatever you call it, to the wrong name and address. They admit I've paid (On average) £1700 per year to this debt for the last four years They don't care, they want money now... They don't care about the IVA, although they were invited to the meeting at the beginning. There is a clear discrepancy between my name and the one they're using for the enforcement. Any advice?

Hello, Can anyone give me some guidance please? I need to provide my figures for the month online for Universal Credit. The only thing is i don't know where to enter them and they were due yesterday but i cannot get an answer anywhere. I just need to know,as this is the first time,where and how do i do this? Thanks

Hi all, I need some advise on how to deal with HRMC and stop them from coming to my house, applying crazy charges, taking my goods and making me bankrupt (which will cause me to lose my new job) all down to a problem with self assessment tax , charges and interest from claiming child benefit. Really don't know what to do but I know that they can reclaim tax by adjusting the tax code which I assumed had already happened as my online tax code seemed to change ever few months . A collection office turned up at my door last week, demanded £75 for his visit and insisted that I somehow sort out £11000 dept.** I offered to make a token payment of £500 and asked to have the payments taken via my tax code.* He didnt agree to this but said that I needed to speak to the dept management team which I did.* they advised me that I needed to complete my self assessment by registering, then waiting for an activation code and finally completing the submissions before we could do anything. My worry is that I will not be able to do all this within the 14 day time limited the HMRC collections persons placed on me I understand they have unique powers meaning they can enforce bailiffs without needing to go to court. What can I do ? I was about to sent a letter asking for the payment to be taken from my tax code and pleading my case (almost begging etc) but wanted to ask for some advise first. Anyone offer any help on what I should do.? Thanks Scott

Good Morning I am looking for some advice and support as now really fed up! To cut a long story short, self employment ending in March, role I was in was made redundant... received JSA for approx one month and then found a role as document collection agent via Job centre website on a self employed basis. Started part time first month and was paid, second month increased my hours and to date the company owe me £990 (approx 6 weeks) Invoice was due for payment this week, so early days I know, but all attempts to contact them have been ignored, and all the director has said is that they are 'playing catch up due to Jubilee weekend'!, .. . subsequent attempts to contact them have been ignored. This is where my heart sinks as I did some on line research as alarm bells started ringing and it appears there are other field agents, being owed money, I just do not know what to do. Should I prepare a letter before action and need to know what agencies I should inform about their practices? Above all I need to get monies owed to me..I cannot afford to carry on. If needs must and I have to apply for JSA , how would I stand?. .they have not sacked me and I guess the role is still there!.. but talking to an agent who has already instigated County Court proceedings and won by default, payment has still not been made., so I am not prepared to take on any more appointments. Apologies for going on , but am pretty fed up this morning. moving on

In simple terms i'm self employed and have been here since october 2010, up till October 2016 the tenancy was not in my name and was paid monthly but they moved out so at this point the landlord agreed for me to pay 6 months in advance because I was unable to prove enough earnings due to being self employed. I have renewed twice paying the 6 months in advance again so 18 months total but this time they want to put the rent up £300 a year and are asking me to pay £60 in advance to reserve. I'll be honest its doable but its a real struggle this time finding over £4k. Logically it should be no different to paying monthly but it just doesnt seem to be feel like that. Flat will need decorating if he wants to find a new tenant I think. Now ive been here nearly 8 years and in that time ive had nothing done, its all starting to look a bit tired in here. But I think ive been a good tenant, im not Hyacinth by any means but ive not trashed the place at the same time and the rents always been paid etc. I guess what im wondering is where I stand legally if I want to stay on?, I know that usually an agreement goes periodic but how does this work with 6 months paid? If I dont renew will it just carry on as is? Ideally i'd like the reduce the amount due and increase the payments per year, even quarterly would be better than 6 monthly. Surely if it goes periodic they could allow a bit of room on how often payments are due?. I did pay a huge deposit. I'm just sure even if they did agree to change it there would be a huge fee for drawing up a new agreement. I have about 6 weeks so I need to get this in order I think. Have pasted the email minus sensitive info. As your current tenancy is due to be reviewed on ...Late April 2018 we are delighted to inform you that you landlord is offering you a further fixed term of 12 months at a rental of £@@@ payable in advance half-yearly for the term. In order to secure your new fixed term tenancy term please call us on 00000000000. There will be a charge of £60.00 (inc VAT) required to cover the cost of this service which can be made via debit card. We are also available should you need to discuss any changes to the proposed terms, our office hours are Monday to Friday 9am to 5.30pm. Should you be intending to vacate your property at the end of the current tenancy term then please email confirmation of this to email address including details of your forwarding address.

Hello I am hoping someone can advice me on entitlement to carers allowance. I recently moved in with my mother to care for her. Previously I was full time self employed. I have been advised to apply for carers allowance as my mother will loose an aspect of her pension credit because I am living with her. I have asked social services if my mother can have a live in carer for one week in 6 so I can go back to Devon (my mother is in Dorset) and work one week in 6 to keep the business 'ticking over'. They have agreed to this in principle. I would not anticipate earning more than £3000 a year (at most) but am concerned that not caring for my mother EVERY week may mean i am not entitled to carers allowance. In all other aspects I should qualify. It seems one can 'take a break' from caring and still get carers allowance up to 4 weeks in 26. So that should be ok, but also one must be caring for the person for 22 of the past 26 weeks which would mean 4 weeks in one go is ok, but not one week every 6? I can find no information specifically addressing my issue. Any advice much appreciated.

I was offered a sales/ admin role for a company near me last year. advertised on indeed as a full time permanent position. nothing in the advert stated self employment. gave p45 from last job, NI number, passport and bank details. paid by bacs every week @ £260. the arrangement was for commission to be paid on top also but did no happen due to lack of business. part of my role was to drive to businesses in my own car. the owner gave me cash everyday for fuel despite asking for it to be placed in my account. after 2 months i became concerned that i had not had any payslips or a contract so approached the boss. He informed me that i was on the books as a self employed administrator/ sales consultant and i would need to prepare him invoices for the past 8 weeks. informed the owner that this was not how the job was advertised online and i expected to receive payslips and a contract. on the way home, received a text message saying my attitude is terrible and my services are no longer required. upon closer inspection, i realised he was paying me from his personal bank account, not the businesses. As far as i am concerned i was mislead in believing the role was full time and permanent. i trusted the owner of the company to prepare all the paperwork and i submitted the appropriate information for him to put me on the books properly. i am now concerned that i will be chased for the tax i may or may have not paid to hmrc. i dont plan to make a song an dance about it.i know i should have asked for my contract earlier. i have learned a valuable lesson from this and now in secure employment. I am just worried that HMRC will throw the book at me if they find out and he will get away with what he did. from what i can gather when i spoke to other clients, the owner has done this to several other sales consultants who also left after a few months. any advice/ experience most welcome.

hello have been self employed recently and have had my invoices deducted by 30% by the construction company thats paying me. How do i claim this back? Need the help please new to this so be gental with me ....

Hi, I live with my husband, we are both self employed, I had a baby in September and receive Maternity allowance. I was also receiving Working Tax Credits and Child Tax credits, around £80 per week. My husband is currently quiet with work so we asked the council for rent help, they told us they can no longer help and we need to apply for universal credit. We did this (horrendous application system!) and in the meantime our working and child tax credits stopped, we were never informed this would happen, i wish i had just left it as it was. We were relying on that money and now it has just stopped! We both had a job centre interview yesterday which is part of this ridiculous process and my husband has to go back yet again with business details. He only earns around £5000 per year , they basically want to see if it is worth him running his business, if he earns enough, if not they will make him look for other part time work - how on earth can he do that around a self employed business that is on demand (ie it depends when his customers want him!). This is all if we want to claim universal credit. So, i assume they will say he does not earn enough and will have to find other work....we do not want to do this so my question is, if he says no to looking for other work, will we just get no help....even with a new baby. Am i correct in thinking that £5000 per year approx will not meet their requirements? Just wanted a little bit of advice before we see them again. The whole new system is ridiculous, i have worked and paid tax all my life yet when we need a bit of help we have to fight for it, yet people who dont want to get a job, try their hardest NOT to get one, receive all the help there is out there!!! Any advice appreciated

Hi, I’m hoping for some advice for my uncle. He is 71, has had schizophrenia all his life, used to live with his parents till they passed away 15 years ago and now lives alone. My mum (his sister) and my dad visit him weekly to check on him, take him some food and do a little clean for him. He receives DLA (lowest rate) and pension credit and has rent paid on a small run down flat. He is usually very private about his finances last time they visited he was very anxious and told them he received a letter from the DWP to ask for bank statements to prove his amount in savings. They asked to see the letter but he said he had thrown it away. When they asked him how much he has, it turns out he has nearly £25,000. Obviously this is way more than he is allowed and we would like to know what is likely to happen now, and what is the best thing to do next? The money has not come from any outside source, purely from his entitled benefits mounting up over the years resulting from him living very and neglecting himself and his home due to his mental illness and medication. For example; he doesn’t eat well, only one decent meal a day and my parents take him fruit and veg and meals when they can. He was going out in winter in a thin summer coat so they bought him a warm winter one. His couches and bed are over 20 years old and falling apart and he refuses to buy a new ones saying they’re fine! he only has this much in savings because he hasn’t had the mental capacity to use his entitlement to care for himself properly all these years. He doesn’t smoke, drink or buy any new clothes or possessions for himself. We are wondering whether to try to convince him to spend a chunk of the money on things he does actually need and keep receipts before sending the bank statements in, or if this is likely to get him into more trouble with the DWP? He talks about being anxious about funeral costs so we could help him get a prepaid funeral plan. He also needs a new mattress, bedding, 3 piece suite, TV, white goods for the kitchen, new clothes and shoes etc all of which he has neglected to buy for himself for 15 years. Thank you very much for your advice!

Hi everyone, I need some advice on behalf of a friend. He started working as a self-employed DPD franchise driver last year. It means you get the title as self-employed but essentially you drive their van, you wear their uniform, they tell you what hours to work & theres little say on your part in this. During the course of his working day, he got into an accident. The insurance companies stated that they could find nobody to be at fault for the collision and any damages were paid for. I believe the other guy who was involved in the crash had quite a high excess and as such is looking to claim this back - by taking DPD to court. This is where things get complicated. The claimant wants to sue DPD to recover costs. As such, the case is being heard in the claimants local county court because DPD are a business. DPD have told my friend he is to travel some 300 miles to this court and represent himself. My friend has had nothing from any court come through summoning him to court. We believe DPD have all the paperwork. We think DPD is trying to make him go to court on behalf of them to deal with this claim. DPD do have solicitors working on this case - we have yet to establish if they will be present on the court date. My question is, if the case is against DPD the company, does my friend need to go? when essentially he was a self employed franchise worker and not an "actual worker". Has anyone got any advice for a situation like this?

I know it's not clever but I was chosen to have a random check and they found items not scanned so needed a full scan. Went to a till and put my shopping up with obviously extras but left some clothes in a bag. They took a copy if the receipt. I was racked with guilt so 30 mins later went back and paid for clothes. What will happen Now? Will they check cctv as they have my club card and account details? I'm totally fretting that the police will come knocking on my door! I paid for all the items in my bag just worried about the clothes Now! TIA

Hello i wonder if you could give me some advice about Universal Credit. It is going to arrive in my area in a couple of months time. I am 67 and self employed and i receive tax credits. I do not receive any other benefit. Can anyone tell me if I will lose my tax credit when universal credit arrives. Thank you for any help you can give.

Hi there, I emigrated to SE Asia in 2006, and returned with my family in 2015. Before leaving I had been self employed, and on our return went self employed, notified HMRC and started Self assessment again. I have just received a letter from HMRC stating that I owe nearly 2K in tax and penalties for the years 2006 to 2012, much of which is for non rendering of returns. I can only guess this is a response to my notification that I am back...although this was done nearly two years ago. I did tell HMRC in 2006 I had emigrated and did not receive any returns posted to my address for many years. I have done a SAR online today,and written to them asked for more time whilst waiting on this, but is there anything else I should be reading up on in the meantime? Any other sage advice gratefully received. Many thanks

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

Hi, I've been with a fee paying dmc (Imm fin ) for over 4 1/2 years with a debt settlement plan I had 4 credit card debts , They cleared one with Barclaycard within 6 months but since have done nothing although my monthly payment dropped to £30 a month after being layed off work , now I'm self employed and pay them £50 1,They make £5:00 a month payment to capital one 2, £1:00 to Moorcroft 3, £1:00 to Moorcroft What are my next steps to take ?

https://www.standard.co.uk/news/uk/selfdriving-lorries-to-hit-uk-roads-from-next-year-despite-experts-safety-fears-a3619651.html Dont panic,

Hi hope someone can help me here please.....I was a self employed courier driver for a local company in May 2017. I worked 7 full days for the company and i got an invoice for 4 days work which i should have been paid on 15th June but because i left on the 8th day with 8 parcels left and they had to pick their van up from my premises they have refused to pay me for any days work that i did prior. And ive looked through contract and it does not state anything at all on that. Could i send a LBA to the company requesting full 7 days payment what they owe and can i charge interest????If so where can i find a LBA template please or what steps do i take.... Thank you.

Business Tips-Have You Got Any For Newly Self Employed- Good morning old Tawnyowl here i hope you are enjoying your weekend. My brain does not seem to want to relax,full of ideas,some may think rubbish. The Entrepreneurs Of The Future. Can you offer them any advice from your own experience. Donate a little time to help others. Well i have tried all my life to make it big. Enjoyed the ride,the nearly man.But how do you class success. Are you happy to say i managed to bring my family up,provide for them,create a stable home.Worked hard all of my life. Time goes that fast in business before you know it if you have children they could be teenagers,grown up and gone. Then you wonder what the hell one day as you take stock one day. Entrepreneurs do not take much notice of hours worked it means nothing a target is there and you try to hunt it down in any way possible. Myself well it took me till i was 55 when i shot down London way to try my last shot bar ten to try,you never give up.6 years ago now,seems like yesterday. Tools in a case,train to Euston and only a few pounds. Ended up in Essex and walked the streets for days leafleting till i found work. Waiting in a alley very early the morning,catching commuters travelling to London to work giving out leaflets to them. Down there it is the same as anywhere 7 days a week. Pressure,you love it or hate it.Do not work do not eat. Finally on a break i came home and then it happened, a heart attack. In hospital as the Nurse was about to give me my jab i asked if i could finish my phone call. I was still organising jobs locally for a couple of workers to keep them going. Looking back i see the nurse now with needle and syringe waiting to take aim.A wonderful woman. It was nearly Christmas. Coming out of hospital,i realised when this job was finished i had to face the fact i was getting older. Gym usually 4,5 times a week then work was a normal day.Construction. I have made massive mistakes along the way so i am trying to give a few tips.Have you any. For those starting out full of enthusiasm.Like i say i hope what i am saying some may agree on. For those wondering,i had no money left so had to find how to make money from nothing. Surprising how people vanish from your life when things change.When you need help. But found a way and have just scraped by and about to employ a talented artist who should really be successful in his own right.Naturally talented but lost. There must be many out there. Money from nothing a new start.But the last one for sure,perhaps. So what would i do differently if i had my time again. Well i have only a few because as i say i never took time to take stock just ploughed on. But,lets have a go. 1-Most important is to have a stable home life,a partner who supports you.A strong base. 2-Try to find something that people return to you again and again. Example people buy milk,bread each day. Having a product that a customer only uses you once means you are forever having to find new customers. 3-Trying to do everything yourself. Usually means sooner or later you will burn out. Bring others to the table listen to them although your decision is the final one. What happens if you get ill,you could be finished. 4-Skills. You have a Skill that has been honed over years,a quality product that needs really skilled labour. Trouble could be brewing. You find yourself overwhelmed with work but when you go to find help there is no one skilled enough to employ. Those who are are already in demand. Expect to train someone but do not be surprised when you train them they go self employed themselves. Natural thing to do although the first time it may rile you a touch. But deep down you have helped someone.Some may stay as self employment does not suit everyone. Some like the stability of regular guaranteed income. 5- Try to find a market for when you get busy that unskilled labour would be easy to find. The job could be completed much easily .Nothing worse than turning work away.It stings a touch. And those pounds should be yours. 6-Learn how to be your own accountant it is not hard if you take your time. Keep tax returns etc upto date.There is a lot of advice,help on line nowadays. Even new apps so you can do things as they happen. Keep receipts safely,motor costs,everything you spend keep. Become used to doing this. Of course accountants are experts in saving you money if you earn enough. Register as self employed,get insurance. 7-And make a little time for yourself,your family,time goes fast. Ah well just thought i would start a thread. Any other advice from anyone please post away.There must be many Self Employed out there. Bye for now. Tawnyowl.

I was registered as self employed between 2011 and 2017. This was a small sideline along side my main PAYE income (so my NI contributions are already made up for the years in question), and me SE profit was generally about £1500 per year (highest was about £2500). Now I've just had a letter from HMRC demanding Class 2 NIC for 2011 to 2015. Don't know why they've only just written to me about it, first I've heard from them on this subject since 2011. I was always under the impression that as my income was below the small earnings exception, I was exempt from having to pay class 2 NIC? I seem to recall dealing with this matter back in 2011, and I'm pretty sure I sent them a CF10 form back then (although I didn't keep a copy of that myself). Should I just write to them stating that I believe I was exempt due to earnings below the threshold? Obviously this is reflected in my SA tax returns. Are they likely to just accept that? It seems odd that if they think I should have been paying class 2 NICS for all these years, why haven't they chased it before now?

My partner had been on ESA and PIP for a little over a year now and has just been offered the opportunity to become self employed. This would allow him to return to work in a way that he would be able to manage with his illness and we are both very keen to try and get this off the ground. He would be forming his own company rather than being a self-employed contractor so money obviously wont start coming in right away. My understanding is that PIP is unaffected by either working or self-employment, is that correct? If so its only ESA to worry about, obviously his ESA stops because he is going to be able to work (I am assuming this all goes well of course) So what do we do? Do we talk to ESA and tell them the plan, and what we hope will happen with regards to the business taking off and becoming profitable? I assume at that point he would lose his benefit? But that's a lot of money to us and if we lose it before he starts bringing money in we might have a problem. He wont be doing many hours and obviously wont make a lot of money to start with but my earnings take us over the tax credits threshold so there wouldn't be anything else we could claim. I guess what I want to know is what the steps are to coming off ESA to become self-employed and when we take each step.

I had a guy who had worked for me for 5 years. He came to me begging in December for a house to stay in. I helped the guy out by giving him a house that I owned. Cut a long story short he kept the money from the benefit payments telling me lies after lies. I managed to get a court order to evict him. But he still owes me £4000 which I have no chance of seeing. This has sent me in financial difficulties trying to cover the mortgage shortfall. The court ordered him to pay the full amount which he has not. I would really like to get the money off him. I know he works full time but found out later he is claiming housing benefit. He must not be declaring his entire income which will make it hard for me to get the money right? Any help would be appreciated.