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OK, I think I'm going to send them their money back, after drawing the process out a little and getting written notification from them (for tax reasons) and look to getting a days pay + expenses for the hassle. I think that's fair as it means I will have to travel to my accountants to sort all this out
Now where could my accountants be?
Rule Number 1 - Assuming that you have a valid contract in place always try to get your poo onto your timesheet, provided that the timesheet is valid for your current contract and covers the period of time that you are billing for.
OK, I think I'm going to send them their money back, after drawing the process out a little and getting written notification from them (for tax reasons) and look to getting a days pay + expenses for the hassle. I think that's fair as it means I will have to travel to my accountants to sort all this out
Now where could my accountants be?
Its not your money! You'd be mighty p155ed if you'd paid your mortgage by direct debit, then by accident also sent a cheque for the same amount, and then got told you couldn't have it back.
However if you want to string it out, you can do the following.
a) Issue a letter asking for the details of the overpayment.
b) Once in receipt issue a credit note for the value of the overpayment. State in the credit note, that this is to be offset against future work, and that if sufficient future work is not performed within 12 weeks your company will repay the amount minus the telegraphic transfer cost (£35) and an administration fee for the time spent by accounts and accountants (you won't get away with this being any more than £50)
Do not tell them that you've spent it and paying will go overdrawn, cos they'll either
a) report you to the authorities for spending money that isn't yours (commonly called theft)
b) issue winding up prdoceedings which if carried through will blacklist you from being a director for up to 7 years
I know we all hate agents, but for G@ds sake at least be moral and decent yourself
I am being moral about this. I propose drawing the process out and then stating that I have to visit my accountant due to this cocking up my vat return etc as funds which were on the bank statement where declared which shouldn't. They will eventually get back their money minus my expenses. That is fair. If I wanted to I could have wound the company up and done a runner. At least they will get 98% of their cash back, rather than nothing. At the end of the day I never asked them to rest their moeny in my account.
Rule Number 1 - Assuming that you have a valid contract in place always try to get your poo onto your timesheet, provided that the timesheet is valid for your current contract and covers the period of time that you are billing for.
I am being moral about this. I propose drawing the process out and then stating that I have to visit my accountant due to this cocking up my vat return etc as funds which were on the bank statement where declared which shouldn't. They will eventually get back their money minus my expenses. That is fair. If I wanted to I could have wound the company up and done a runner. At least they will get 98% of their cash back, rather than nothing. At the end of the day I never asked them to rest their moeny in my account.
Sorry Tony, but this payment has no effect on your VAT return or your P&L, both of which are calculated using *invoice* amounts. The only thing it affects is CIH.
You can extremely easily, just pay this back without the need to go anywhere near you accountant's office. All you need is the letter form the agency explaining the mistake (and possibly not even that).
Anything more than 25 quid in expenses on your part is TTP. They know this, you know this and if it were to get to court the judge knows it as well.
Suggesting that you should keep 300 could find you on the wrong end of a summons that you have zero chance of winning.
Sorry Tony, but this payment has no effect on your VAT return or your P&L, both of which are calculated using *invoice* amounts. The only thing it affects is CIH.
You can extremely easily, just pay this back without the need to go anywhere near you accountant's office. All you need is the letter form the agency explaining the mistake (and possibly not even that).
Anything more than 25 quid in expenses on your part is TTP. They know this, you know this and if it were to get to court the judge knows it as well.
Suggesting that you should keep 300 could find you on the wrong end of a summons that you have zero chance of winning.
tim
Good answer
Pay them their money back by return of post or at least give them a credit note in the same timeframe.
They can wait until they have given me written confirmation of their mistake. I am going to hold out for this as I still want something to cover me with the IR. Once they have ticked that box they can have it. At the end of the day their money has saved me in charges as my ltd company account would have gone overdrawn without it. My fees will have gone in by Monday, so the bit which was used by the DD's and standing orders will be back in the account.
Rule Number 1 - Assuming that you have a valid contract in place always try to get your poo onto your timesheet, provided that the timesheet is valid for your current contract and covers the period of time that you are billing for.
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