Sunday Solutions Anyone Else Having A Problem

[FeedtheKids]

Wouldn't they also ask for some more tax in the form of corporation tax? That would have to be paid if your employment status is deemed to be 'employed', since you'd pay that if running your own Ltd Company inside IR35.

and National Insurance.

[Rhines]

Not sure about Coropration Tax, if that's correct then prehaps I should be more worried.

With regards to VAT I can only assume it was at least paid by someone for 07/08 because the only contact I have had from HMRC is for the POA amounts for 08/09. I'm sure they would have chased for the VAT as well if it was owed. I've never seen any mention of VAT in any documents, statements etc though.

[hpituk]

Jsut how bad it is

But I have to reserve judgement until they have 'left me holding the baby' .....How do you guys know they have definitely not paid the money on your behalf?

Has the HMRC contacted you directly asking for the money?

I will appoint my own Solicitor/accountant on Friday to cover my bottom in this instance, before the letters drop on the carpet floor.....

Babybadger, as of April this year I was left owing the tax for 07/08, a tax return for 08/09 and the 08/09 tax. I was made aware of the outstanding funds owed by letters from the HMRC chasing payment.

Be thankful if you're not in this situation yet!

[FeedtheKids]

Im in the same boat as you all, I ve already had a letter of HMRC regards non payment of VAT, when I contacted Sunday they told me it was due to the late issue of VAT Numbers.

I don't understand the internal dynamics of Reed Morgan, Sunday Wealth Management and Bradbury. Reed charged VAT on the invoices to my agency, but I have never issued an invoice of any kind to any of these three. I know ignorance is no defence in the eyes of HMRC but I don't see how I could possibly have been aware of the terrible trio's money shifting processes. As limited companies administering the partnerships they surely had a duty of care in the eyes of the HMRC.

My research has thrown up so many coincidences like this. I still don't fully understand how similar companies to Sunday like Von Essen managed to get my details from Sunday. Did Sunday employees (well they all appear to have been freelancers in reality) just walk out of the door with the client list and start their own business up doing the same thing? Another similar company got in touch with me a few weeks ago and stated that my name had been passed to them by Sunday. The jury is out for me on Von Essen but I'm becoming more convinced every day that Davehh is correct in his earlier posts in this thread. Perhaps we 'aint seen nothing yet

[administrator]

I don't understand the internal dynamics of Reed Morgan, Sunday Wealth Management and Bradbury. Reed charged VAT on the invoices to my agency, but I have never issued an invoice of any kind to any of these three. I know ignorance is no defence in the eyes of HMRC but I don't see how I could possibly have been aware of the terrible trio's money shifting processes. As limited companies administering the partnerships they surely had a duty of care in the eyes of the HMRC.



My research has thrown up so many coincidences like this. I still don't fully understand how similar companies to Sunday like Von Essen managed to get my details from Sunday. Did Sunday employees (well they all appear to have been freelancers in reality) just walk out of the door with the client list and start their own business up doing the same thing? Another similar company got in touch with me a few weeks ago and stated that my name had been passed to them by Sunday. The jury is out for me on Von Essen but I'm becoming more convinced every day that Davehh is correct in his earlier posts in this thread. Perhaps we 'aint seen nothing yet

Yup but coincidences are all they are. There is nothing other than coincidences that link these companies so it is wrong to draw conclusions from coincidences. Also stating these conclusions as fact is something that we will not allow on the forum.

[Dr Pepper]

I mention about the whereabouts of the money for a couple of reasons.

1. If we find out that the money is still sat in the bank accounts then no crime has been commited only incompetence by the people running the show.

2. If there is no money in the accounts then a we need to know how we are to be compensated for the money that is "missing" and will have uncondiational grounds to take legal action.

3. Another possibility is that the money has been spent on the running costs of Sunday, Bradbury, and the connected companies. (Which when you check companies house directorships they definately are). Basically that these business' surviving on cash flow and were in fact not keeping a retention.

These points are obviously based on the bank accounts being investigated (which they will be) and then finding out how we will get our money back or compensation.

If you have receieved your partnership accounts have a look at your cost of sales. Mine are over 30% of my annual income!!!!!!!!!
There is no way I agreed to that when i joined!
It seems as though the fees are being used as a way of covering up the money deficit. Basically charging large fees in order to cover the problems with our retentions.

With the VAT,

If one person has recieved a letter asking for money, it is likely there are others as all the partners in a partnership are joinly and serverally liable for all debts without any limit. Basically if it hasn't been paid we are liable, and may not know about it because the correspondence is likely to be going to Bradbury/Sunday.

[Titanic]

Yup but coincidences are all they are. There is nothing other than coincidences that link these companies so it is wrong to draw conclusions from coincidences. Also stating these conclusions as fact is something that we will not allow on the forum.

It is not just coincidences. Andrew Nyiri, Carly Robbins, and many others started using @vonessengroup.com email addresses for a while. I was told by Andrew Nyiri in person when I saw him last year that "they are winding down Sunday Solutions" and are in the process of going to Von Essen group, whatever that means.

[NotImpressed]

What can you do!?

Hi Guys,

Have been watching this thread very closely since half way through November when I realised I too was implicated in this mess. I was with Sunday Solutions from July 2008 up until they folded at the end of March 2009 and invoiced for about 9 months of work through their "solution".

While the Bradbury situation is obviously very worrying, I'm find the prospect of an HMRC IR35 investigation much worse. MHRC will consider the partnership structure we worked through does nothing to place partners "outside IR35". If anything it places you more at risk because of the self employed status partners have. If HMRC successfully argue a partner's contract/working practice makes them "deemed employed", he/she would find themselves liable for income tax + employee’s NICs + employer’s NICs on 95% of the total amount invoiced. Outside of the 5% administration expenses allowance, the partner would only be able to claim limited employee expenses. In my case this would see my tax liability double.
The partnership accounts letter sent out by Bradbury mentioned some partners were undergoing IR35 investigations, but I wasn’t sure if this was a scare tactic to get people to agree their accounts faster. I really hope it was…

All that said, there may be a defense we could mount against an IR35 challenge but it would require the cooperation of all partners in any partnership affected. From what I can see, having spent the last two weeks desperately investigating IR35, people operating through partnerships are entitled to consider themselves outside of IR35 if they can prove the income they drew from the partnership was not proportional to the partnership income they were responsible for, and also if there was the possibility of making a loss. We may be able to prove this using the invoicing arrangements used by each partnership:

My partnership used Reed Morgan to raise invoices. Whether a flat fee was charged for each invoice or a percentage of the amount invoiced for, it follows that it will have been possible for a partner to make a loss overall depending on how often other partners invoiced their clients and for how much. If one of the partners invoiced their client(s) every week for very large amounts they would have generated a huge invoicing cost for the partnership as a whole. Other partners with small contract incomes would have made a loss because they would have been landed with an invoicing bill equaling the invoicing bill for the whole partnership divided by the number of partners in the partnership.

To mount this as a defense, a partner would need to show HMRC how their % return through the partnership differed from that of other partners and a detailed breakdown of the invoicing business expense in their partnership accounts. We’ll also need details and invoices from Reed Morgan / Willowmead explaining how the pricing for their services worked.

This principal may also work for other business expenses incurred by the partnerships as a whole and then divided equally amongst their partners.

[Gusdeadman]

Sunday Wealth Management/Bradbury & Co

I took out a partnership with Sunday's/Bradbury's and it was a very frustrating experience, all for a 3 month contract. This was in 2007 and it seems it's not over yet.

As a product it was mis-sold, they told me it was a limited company, very low fees, etc. It wasn't, they weren't and as far as I can see the only thing they did for their money was issue invoices, count expenses, and work out the tax. They didn't pay the tax or pass on any of the forms or NI contributions. I had to do it all myself.

I believe all the money except their fees came to me in the end but now I've got a letter saying they are winding up the partnership and there are Undistributed Profits. In my case it's not inconsiderable but the figure in the accounts is in brackets which usually indicates a negative figure. So I'm not sure whether they want me to pay them the money or whether they would pay it to me. I don't know where this figure comes from as I thought I received it all. They've asked me to approve the accounts online. I chose to not approve them as that seemed the safest.

Can anybody throw any light on this?

Anybody else in the Boelhouwer Torrence partnership?

Cheers

Gus

[JaimeGracia]

Hi

I'm one of the many that fell for the Sunday Solution and I'd like to join the action group against them.

Also could the Administrator please add PM Thanks

<admin note>Account upgraded, PM use enabled</admin note>