Old Umbrella Company (Tailored) in Liquidation

[Zigza]

Has anyone actually got anywhere with this?

I've checked with Tom and he has just one call left to do.

PM me if you wish and I'll call you.

Hi I have been calling the liquidator every single day for the last week and I am told that he is in a meeting every time. I really need to know if this claim for so called 'debt' is actually legal. My contract did not say that loans are to be repaid back to the company.

Also I challenged Tailored over them being a tax avoidance scheme, they emailed saying they were 100% complaint.

Please help

[Ian Richardson GT Leeds]

Responding to a Liquidator

I'd also suggest:

1. Looking at the liquidator's statements at Companies House (e.g. the 28 July 2020 says HMRC are owed £1 but no narrative and the unknown amount advanced to clients). Then keep monitoring those (you can get auto alerts but they won't be frequent).

2. Talk to the liquidator to find out what is going on (but I would not suggest using real names or your own phone number without knowing more). Try to get the liquidator to post here. Try to help them understand what actually happened in terms of the way that the scheme worked so that they wonder whether the directors acted appropriately.

3. Consider who is sending the emails asking for money back. If it is the liquidator then it needs to be taken very seriously. If it is the director or employees then tell the liquidator that.

4. Wonder why a random solicitor cold calling you in these circumstances is appropriate and whether the SRA thinks that is appropriate.

5. Wonder what the extra money that you actually got was. It'll be taxable (99.99999% certain) but it might not be a loan. If I give someone an advance of their September salary in August, it might mean that it is just taxable in August and not repayable at all (or not repayable at all if they work in September).

Remember that the liquidator has a limited budget (probably £15k to £30k here) and so won't be able to get into detailed technical discussions and detailed litigation unless the position is very clear or they are supported by a creditor.

As an actual liquidator (although not of this co), I'm in a position to comment on these points:

1 Agreed

2 No - if you want an open honest conversation, have it on "without prejudice" basis (ie so that neither party will misuse what is said) but use your real name, and your real circumstances, so that you can have a proper conversation. I terminate calls from people who won't say (and evidence) who they are

[Ian Richardson GT Leeds]

Responding to a liquidator continued

3 and 4 Agreed

5 The liquidator will compare sums paid with the paperwork and HMRC RTI returns and should send you a schedule showing all the monies you received, less what was taxed through PAYE, and what he/she considers the balance to be

Do check what you receive and take legal advice from someone both qualified and independent

Do be prepared to tell (and prove to) the liquidator if you've disclosed the income to HMRC and settled with them - it will make a difference

Don't assume that a lack of funds will prevent a liquidator from pursuing the debt

Don't just ignore it and hope it will go away

[eek]

Ian I hope you don't mind me posting this here but it may offer another solution to the issue

If a liquidator found out that agencies had repeatedly referred contractors to this sort of avoidance scheme, he/she could sue the agencies for the tax losses on the basis that, to generate a higher than normal commission, they'd knowingly turned a blind eye to the tax avoidance taking place

And it's easier to pursue one agency than a hundred contractors ………...

So one thing for webberg to collect might be the name of the agency the people impacted use..

[webberg]

Ian I hope you don't mind me posting this here but it may offer another solution to the issue



So one thing for webberg to collect might be the name of the agency the people impacted use..

I'll make a note of that.

[Daveyjones]

Same here

Same letters received here. Ignored on phone.
Both my contract with work agency and with tailored have no mention of being paid in advance, loan prepayment or anything vaguely like that, infact it specifically says paid 1 week in arrears, set rate as agreed, 1 payment not split. All tax due was paid.

Theyve sent no evidence or calculations or why I owe them. I've demanded this from them and they sidestepped it in a vague short reply via email.

I see nothing in either contract that says money was paid to me as an advance. Infact It specifically says paid 1 week in arrears after work done. 1 weeks notice to void the contract, which it was, (was a temp post of a few months) or that I should owe anything in anyway. I've phoned 5 times, no one available. I've emailed and told them I need evidence and calculations, nothing sent back. So I'm ignoring until hmrc get involved, as I've declared all income and paid all tax due. .. so they can get stuffed and see me in court as I can see nothing that I signed or owe. (Yes, I've read every post on here).

Have contracts
Pay slips
End of year tax

Copies of their letter and the email and phone calls I've made to them
Not ignored... Told them my position, blanking till shown evidence. (which doesn't exist)

[Zigza]

Tailored

Good afternoon. I find myself in the same situation. I have received a letter asking me to pay back a 'debt' that i apparently owe Tailored.

I have searched the internet to find out if this is legal and I am getting nowhere. How can an umbrella company claim back monies that were earned by an individual. Also I called the Tailored phone number and it seem they have restarted the company with many of the same employees and are now called Seamless.

Has anyone found out where they stand legally with this situation? I have talked to a solicitor and they said it will be £500 staring fee for them to write to the Voscap.

I have tried numerous times to contact the above company by phone and email with no avail.

I am really hoping someone can give me some advice about the best option to deal with both Voscap and Tailored (Seamless)

Much appreciated

[Paralytic]

First of all, have you confirmed (or otherwise) whether you did or did not have a loan with Tailored? It might not have been called a loan, but check your paperwork and see if your payments from them were split into two - a base amount and an additional amount. And check how much tax and NI was declared as being paid on your payslips.

If you're confident that you did not have a loan, paid the full taxes due, and HMRC are of the same opinion (is your self-assessment fully up to date, for example, no open enquiries, open years etc), then you can probably breathe more easily.

But, if you've had to work with HMRC to settle outstanding tax bills, read the threads on this board to help you understand why it might be possible that funds you "earned" *could* also still be classified (legally) as a loan.

[Alyssum]

Anyone found a good solicitor

I have been following this thread for some time now - has anyone found a decent solicitor we can go to for some advise and representation yet?

[eek]

I have been following this thread for some time now - has anyone found a decent solicitor we can go to for some advise and representation yet?

If you wish to join a group speak to WTT (at least webberg posts here).