cis tax returns problems

[James64]

Police contacted me from Hornchurch today, gave me a crime number said a DC Green was leading the investigation, sounds like few people have rung already anyone that hasn't should contact Hornchurch station on 01708 751212.

[novacav]

will call him tomorrow thanks

[richardk23]

hi, no new info as yet but i have an appointment to speak to a legal advisor on thursday at my local sherriff court.

[richardk23]

just had a phone call from dc green. he says alan waidson has been arrested and is out on bail. they have traced one bank account but he says most of money has been withdrawn and is unlikely to be recovered.

[legalpickle]

Originally Posted by richardk23

just had a phone call from dc green. he says alan waidson has been arrested and is out on bail. they have traced one bank account but he says most of money has been withdrawn and is unlikely to be recovered.

Despite this shocking and partially depressing piece of information I think it is still worth writing to his parents and also issuing court claims. There is nothing above the postage costs and court fees to lose and at least he get's a CCJ causing him damage for 6 years unless he pays within a month.

From my understanding, and assuming he doesn't try and defend the maximum court fee that any of his victims would lose is £225, but most would lose in the range of £65 to £108 and maybe a small lucky few £30 or £45. If issued via Money Claim Online which I don't recommend the issue fees for below £5k range from £25-£100 and £210 for claims above £5k.

I doubt anybody is owed above £15k!

If enforcement action is taken the fees would be £35-£65.

In the extremely unlikely event that he were to defend hearing fees would be payable, and if above £1,500 in value fees for the filing of the Allocation Questionnaire would be payable. The total costs for these vary from £25 to £700 [but because of the simplicity of the claims even if they are above £5k in value, it is more likely that the maximum amount would be £500]. For claims below £5k in value these vary between £25-£335. The average of these would be £185.

I list these fees for the sake of completion but it is extremely unlikely that he would defend, because he has no defence!

[simon911]

just from reading the last statement from legalpickle i feel i need to clarify that from my well informed contact i have been told this guy has paid all our rebate money to these loan sharks and has not got a penny himself, so paying even more money for court action against him will be pointless if he declares himself bankrupt and ends up in prison. i am only owed 600 pounds from this guy which i can see is alot less than others are owed but dont want to see others wasting more time and money chasing after this ahole if in the end will receive nothing anyway. Apparently he has no assets either, making it even more obvious to me the fact that this guy has nothing for us to go after financially as he doesn't own his home and will more than likely end up in prison for embezellment or theft charges as the police are now involved. i do hope that this guy ends up in prison to teach him a lesson anyway, after all he has by the sounds of it taken our money and used it to pay off these loan sharks to save himself and his family from harm. i can understand if true but am ****ed off with the hmrc if they wont reimburse our tax refunds to us as we have no power over what this guy does with our money! They must bear some responsibility especially if they already knew this guys company was in trouble. Such a stupid tax system we have which by the looks of it is open to abuse!!!!

[legalpickle]

Originally Posted by simon911

just from reading the last statement from legalpickle i feel i need to clarify that from my well informed contact i have been told this guy has paid all our rebate money to these loan sharks and has not got a penny himself, so paying even more money for court action against him will be pointless if he declares himself bankrupt and ends up in prison. i am only owed 600 pounds from this guy which i can see is alot less than others are owed but dont want to see others wasting more time and money chasing after this ahole if in the end will receive nothing anyway. Apparently he has no assets either, making it even more obvious to me the fact that this guy has nothing for us to go after financially as he doesn't own his home and will more than likely end up in prison for embezellment or theft charges as the police are now involved. i do hope that this guy ends up in prison to teach him a lesson anyway, after all he has by the sounds of it taken our money and used it to pay off these loan sharks to save himself and his family from harm. i can understand if true but am ****ed off with the hmrc if they wont reimburse our tax refunds to us as we have no power over what this guy does with our money! They must bear some responsibility especially if they already knew this guys company was in trouble. Such a stupid tax system we have which by the looks of it is open to abuse!!!!

Simon;

1. What you are saying is one source. Paying off loan sharks isn't a criminal act so he wouldn't end up in jail for it. I reckon he's been doing more with the money than that. Also, if bailiff's are knocking at his parents door daily, there's a chance they'll pay. I say it's worth a shot, if it's done quickly.

2. YOU GAVE PERMISSION TO PAY HIM. HMRC are NOT liable. It's the same everywhere if I owe you money and you give me permission to pay Joe Bloggs and Joe Bloggs goes takes that money to pay a debt and then goes bankrupt, why should I be liable to you?

[precyce]

Can someone explain to me why the money is first transfered to a third party, in this case the accountant Alan Waidson. Before it is then passed on to us, the tax payer. Why is it not simply paid in to the original tax payers account directly from HMRC.
If this is normal practice in the UK then surely this type of situation runs rife.
I always had the suspision that this was going to happen. However was to niave to admit it. Especially when the day I arrived home in Australia I filed a tx return and saw the money appear before my eyes in no more than 3 working days.

[legalpickle]

Originally Posted by precyce

Can someone explain to me why the money is first transfered to a third party, in this case the accountant Alan Waidson. Before it is then passed on to us, the tax payer. Why is it not simply paid in to the original tax payers account directly from HMRC.
If this is normal practice in the UK then surely this type of situation runs rife.
I always had the suspision that this was going to happen. However was to niave to admit it. Especially when the day I arrived home in Australia I filed a tx return and saw the money appear before my eyes in no more than 3 working days.

Firstly, Waidson is not an Accountant. He was a "business person" who knew how to fill in the CIS Tax forms.

Secondly, if you authorize an Agent to act on your behalf they can state to whose bank account it goes to. You would have authorized HMRC to pay it into his account.

I know the same goes on in Australia - from friends there - if you get an Agent or an Accountant to fill in a return. The refunds can be paid either to the Agent or directly to you.

It's nothing to do with problematic tax forms. When I fill in my company tax returns I can ask for refunds to be paid into my business accounts or a third party account. It's the same in most countries to the best of my knowledge.

[novacav]

i for one will be taking him to court as he has had over 5.5k of my hard earned money even if i dont get anything back least it will cause him problems in getting credit etc

should we all send our claims to one court would that be better

[legalpickle]

Originally Posted by novacav

i for one will be taking him to court as he has had over 5.5k of my hard earned money even if i dont get anything back least it will cause him problems in getting credit etc

should we all send our claims to one court would that be better

No. You should send your claims to your local Court. You only have the right to use your local Court, Money Claim Online or his local Court. And it won't make a difference sending all claims to the same court.

[novacav]

ok thanks will be sorting that out next week then

[russ c]

have been tolod by police that there are now over 44 people defrauded by this guy and the total money is up to 1.2million pounds!!!

[legalpickle]

Originally Posted by russ c

have been tolod by police that there are now over 44 people defrauded by this guy and the total money is up to 1.2million pounds!!!

So the faster people jump on the bandwagon and sue the more chance of getting the money. Because I'm guessing that his parents may pay a few CCJ's but not all of them.

[novacav]

just started another thread about taking alan to court

cistaxreturns taking to court


thanks to all who have helped in this mater donation just sent there will be another on the conclusion of this matter

many thanks novacav

[simon911]

44 people and 1.2 million pounds..........that equates to roughly 25 grand each...that cant be right! also, if this guy no longer lives at his business address and we file court action against him sending all relevent paperwork there, how will he no about it? as according to the info i have he hasnt been at that address for some time now! and certainly if i had loansharks after me + 44 angry people who are owed large sums i wouldnt be hanging around there either! spoke to the police and this is definatley a police matter now so cant see how he wont be prosecuted for a crime. guess we wil have to wait and see?

[legalpickle]

It's his parents - or other Waidson's - address and they own the house - according to the Land Registry.

I also doubt 44 people are owed roughly £25k each - in fact I know that's not true, because posts here are from people owed a lot less than that!

Prosecution and investigation are two very different things. Even if he is prosecuted the odds of anything happening for your benefit once he's prosecuted are low, so I would definitely hop on the bandwagon now and sue him as soon as.

Also it's his home address and his parents - or other Waidson's that seem to be his parents - own the house, so sending the court papers there is sufficient. They are deemed served after two working days and you would have done your best by sending them to his last known address where there is more than reasonable belief is more than sufficient.

[novacav]

i cant see that there is a missing 1.2 million pounds as he only done cis tax returns