not sure if anyone can help? I am also not sure how this hasn't been picked up but I'm aware of a contractor that has been contracting for several years under their own limited company. however this company was struck of several years ago. The company name has appeared on several contracts unfortunately using my address, however both recruiters who arranged these contracts with large companies don't seem to have done any checks on this company. if they had they would of realised that it had been struck off by companies house for non compliance and can only assume no company filing etc was submitted. the company being dissolved isn't a legal entity anymore however surely the recruitment agencies would of picked this basic check up? Is this normal or is it very easy to trade and contract when your limited company doesn't exist anymore and become unnoticed in the system?
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I've found that agencies are still very much in the "employment" mode - ie they are very good at checking ID, references, qualifications etc of the individual contractor but don't perform any of the commercial checks on the contractors company that you would expect in a B2B contract.Comment
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Is it normal for parties in a contract to perform no due diligence? In our experience, yes it is a depressingly regular occurrence (however our profession may skew our view on this somewhat).Originally posted by Whitelighteningwarrior View Post
If nobody at the agent checks, then they would never know. Similarly if the company no longer exists and is presumably not submitting accounts or tax info to the various Gov bodies then it will likely stay under the radar for some time.Originally posted by Whitelighteningwarrior View Post
However, sooner or later than anomaly will be picked up and questions will be asked. If this is your company then you need to get out in front of this situation now before HMRC notice.
As stated above, you need urgent legal advice from both an accountant and quite possibly a solicitor.Comment
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How would the contractor in this case actually get paid? Surely the agency would only pay into an account in the business name and any account associated with that business would have been shut down when the company was dissolved?
Unless this is fishing by the OP who has thought of a scheme and wants holes picked in it?"Israel, Palestine, Cats." He Said
"See?"Comment
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There was a guy on here the other day who hadn't got his Ltd bank account set up and the agent was refusing to pay him (as he != his Ltd)Originally posted by NickNick View Post
There was a joking suggestion that if he'd named his company Jo Bloggs Ltd, he might have managed to get them to pay to a personal account.
Wonder if that happened in this scenario.Comment
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How did you find out? Did you open post addressed to Some Ltd, Your address?Originally posted by Whitelighteningwarrior View Post
Or was a debt collector at your door?Comment
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You missed the first 'struck of'(f) at the end of the second line.Originally posted by stek View Post
Anyhow, this is a strange post if ever there was one. It could be the OP pulling a flanker or, they could be an innocent bystander.
That said, is it absolutely certain the company in question has been struck off? Any limited can have a registered name but can 'trade as.........' and maybe the trading name is just the same (some coincidence if it is though!)I couldn't give two fornicators! Yes, really!
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Account name isn't checked / used when making a payment to a bank account - as long as the sort code and account number are valid, then the payment goes through.Originally posted by NickNick View Post
In the past I've been asked to show a certificate of incorporation, but whether anyone ever checked that the company still existed is a completely different matter.Comment
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My thoughts exactlyOriginally posted by jmo21 View Post
Looks like the OP himself is a bit dodgy, 1 post, didn't come back, is he trying to set up such a fraud himself and is he looking for tips.Comment
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