Is this fraudulent?

Is this fraudulent?

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Discussion

IJWS15

1,848 posts

85 months

Wednesday 22nd July 2020
quotequote all
sleepezy said:
Normally pretty quickly - a few days at most - you could search the London Gazette or ask for the appointment docs (the latter particularly given you know he's trying to bill from a different company). I'd want to see an executed sale agreement from oldco to newco (or at least have confirmation from the administrator) to cover my back otherwise you could have the administrator come after you again (assuming your presumption is correct)
Can be 2 weeks, possibly more at this time. That is based on when they are told, not when it happens.

IJWS15

1,848 posts

85 months

Wednesday 22nd July 2020
quotequote all
sgrimshaw said:
If you have any doubts then .....

Tell him that you are unable to pay a different company than that named on the invoice.

He should arrange for the original invoices to be credited by the old company and re-invoiced by the new company.
No, don't do this.

You pay the company who you ordered the work from, any work ordered from the old company should not be invoiced by the new one. Anything else and you risk the administrator of the old company coming after you for money you have paid to the new company.

In many cases this is done to leave a tax bill behind for the administrator to deal with.

Have seen some people do it several times and end up with all the family disqualified from acting as directors.

jammy-git

29,778 posts

212 months

Wednesday 22nd July 2020
quotequote all
IJWS15 said:
No, don't do this.

You pay the company who you ordered the work from, any work ordered from the old company should not be invoiced by the new one. Anything else and you risk the administrator of the old company coming after you for money you have paid to the new company.

In many cases this is done to leave a tax bill behind for the administrator to deal with.

Have seen some people do it several times and end up with all the family disqualified from acting as directors.
How is this defined though? There is no PO or quote (from what we've been told).

IJWS15

1,848 posts

85 months

Wednesday 22nd July 2020
quotequote all
plasticpig said:
Names don't matter. Neither does the VAT registration number for that matter. If it's a different company registration number then that's a problem. It used to be possible to switch company names between registration numbers. Not up on the current state of the law on doing that but there aren't many good reason for doing it and plenty of dodgy ones.
I saw one where the original company changed its name and then went into administration.

They then set up a new company which had it's name changed shortly after incorporation to the newly vacated name of the old company.

The new company invoiced for work using the stationary of the old company (we had the two versions side by side) but with the VAT number and company number blacked out and replaced. Finance came to ask me if it was OK to pay . . . . . .

Be very careful and remember - the new company isn't going to take legal action over a late payment which isn't due to them so you can take your time and get it right.

Jakg

3,463 posts

168 months

Sunday 26th July 2020
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Collaudatore said:
Unfortunately, as a company...how do I put this? There are individuals within the company who will pick up the phone and say "Aye Jimbob, we need this here, now" and so Jimbob rocks up and expects to get paid as he delivered what he was asked - small companies/small suppliers/informal processes. banghead
Jimbob will understand that, as long trading partners, your sure it's all above board.

But your new accountant / advisor / auditor is really picky about this stuff, so unless you can give them something watertight, they aren't budging. And you know what an account scorned is like...