I’m looking for advice regarding following case. I have start working for small oil transporting haulier in March this year. I was invoicing them weekly and received money to my LTD bank account ok (got print outs). However our relationship broke only month after. (I’ll save you a story) It’s ok I’m moving on. However my last invoice has been disputed by mentioned company owner. It was regarding hours I’ve claimed and also he put “charge” on me for mistaking delivery point. After emailing back and forth (of course everyone has different point of view) I’ve got to the point where I’ve offered him to pay me only for not disputed days (as I was leaving for holidays) …and never heard back from him again (not responding to any form of contact).
Now having some time in my hands I’ve decided to pursue debt in small claims court. I’ve got all statements printouts, tachos and emails supporting my case. However, I’ve noticed that company name under which they trade state dissolved since 2015. I know I can’t ■■■■■ debt from dissolved company… On companies house website I’ve checked name and address that was used to invoice clients of regarded company and it dissolved dissolved. There is no other active company under this address.
So my question is what would be your LEGAL path for getting some information about this company? Surely they need active company status to operate company, operator license, insurance, taxes etc. Records from bank account lead me to dissolved company. In the same time this company operate as normal and I was actually considering to block gate to their yard until l’ll get paid. But this could get me into legal trouble hence I’d like to use legal and official forms to resolve this problem.
Depends how strongly you feel about it and how much of your life you’d be prepared to commit to a resultion.
Personally he/they sound like the type to ■■■■ people in then screw them over - particularly if your relationship broke down so quickly.
But he/they are no doubt doing the usual thing of ignoring it and expecting you to just disappear. I doubt you’re the first subbie they have done this to.
If you want to follow it up, you could possibly pursue the ‘director’ individually. I’m sure if they have been trading under the old company name; and if they have been passing themselves off as a LTD company, this could well be some sort of fraud offence and either the police, trading standards or companies house would like a word.
Rattle their cages by sending a demand for payment, stating reply within 7 days or legal action may be taken. This does not have to be sent recorded. But it shows, if anything ends up in court, that you have tried to start a resolution.
Another demonstration of why “working” for firms as a driver using self employment isn’t a great idea. You’re that bit further removed from their liability.
If the company you were invoicing is dissolved there is nobody to claim from. The new company is an entirely different legal entity and are not liable. You’ve lost your money.
You could pursue it but be prepared to spend several hundred quid at the least on legal fees with no guarantee of success.
Quite ironic you worrying about legal trouble when what you did was disguised employment and technically tax evasion.
el_presidente:
Depends how strongly you feel about it and how much of your life you’d be prepared to commit to a resultion.
Personally he/they sound like the type to ■■■■ people in then screw them over - particularly if your relationship broke down so quickly.
But he/they are no doubt doing the usual thing of ignoring it and expecting you to just disappear. I doubt you’re the first subbie they have done this to.
If you want to follow it up, you could possibly pursue the ‘director’ individually. I’m sure if they have been trading under the old company name; and if they have been passing themselves off as a LTD company, this could well be some sort of fraud offence and either the police, trading standards or companies house would like a word.
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Thanks for your replay,
Naturally I feel very strong about this situation as amount owed is significant (~900£) secondly for personal reasons as I believe in “doing no harm and take no ■■■■” rule.
I’m looking at options for pursuing director individually now. However I’m also curious about few other details. This company is transporting hazardous goods can someone point me to which agencies oversees/regulates such companies?
If the company involved was transporting/selling/storing hazardous goods, they must be licenced. If dealing in heating oil or red diesel, they will have to be RDCO registered with customs and excise. If they are neither, a call to the relevant authorities will have them shut.
If they are trading under a desolved trade name, or whilst insolvent, a call to HMRC will also see them in court under fraud charges.
Short from negotiations with a baseball bat, it sounds like you’re unlikely to get money out of this company. They’ll just fold and start up again down the road.
the nodding donkey:
Short from negotiations with a baseball bat, it sounds like you’re unlikely to get money out of this company. They’ll just fold and start up again down the road.
Yeah, I’m very tempted about this sort of negotiations… the only problem is that how this guy operates hence I’d like to act outside of his comfort zone.
This sounds like a lession others in the same position should learn before the same fate happens to them. Though it’s not easy to do, getting a credit report from someone like Duns and Bradstreet dnb.co.uk and doing background checks on the company should be a consideration of any Ltd driver before they start working for someone as a subby. Also not to mention getting your T’s & C’s agreed.
peirre:
This sounds like a lession others in the same position should learn before the same fate happens to them. Though it’s not easy to do, getting a credit report from someone like Duns and Bradstreet dnb.co.uk and doing background checks on the company should be a consideration of any Ltd driver before they start working for someone as a subby. Also not to mention getting your T’s & C’s agreed.
Good advice. As an OD I research the pants off any potential customers and pay a random visit to their premises before hauling their goods. Forewarned is forearmed - if it looks like they’re strapped for cash, you see they treat their staff like ■■■, anything else in a similar vein, that’s likely how you will be treated.
In fact, I recently turned down the offer of a couple of days work for one business that just didn’t click with me. They could have been on a sound footing, but just seemed too much of a wide boy outfit; with tatty offices; and the online credit report had them squirrelling their cash away. If they’re moving cash out of the core business, leaving them with almost no liquidity, you have to wonder what their fundamentals are like.
And clearly, as a subbie, I am likely never to be paid if things got tight.
I got all above points, however this guy was recommended by one of my friend who used to worked with him. He told me it’s not the place to stay but I wanted to do my PDP passport somewhere. Hence I’ve kept one eye closed.
Further on that subject. I’m still trying enquire about ID and making sure that there isn’t actually some kind of sub companies under which lorries , operator license and yard is being rented. Does anyone have an idea where to query about those?