Reply to: Link to gloomy contractor survey required

[BlasterBates]

Hi Blaster,

No-one is querying the accuracy of the accounts; what is being queried is the fact that they show a huge reduction in turnover. They are claiming that I have deliberately done this.

I gues that it would be possible to do this, but I am not sure what purpose it would serve. If there was more money, it would be nice to think that it would be easier to get close to meeting her demands.

Thanks for your help.

Simply stating that doesn't mean anything just an assertion. They have to prove it. Just stick with your accounts. Your turnover went down because you lost your contract. The lawyer is just doing his job, lots of divorcees hide their earnings so he's challenging you just in case, and he can bill your wife in the process. No need to panic, in my view.

The best way to handle this is just calmly put the facts down. Lay bare the accounts and bank statements and that's the end of it.

[DodgyAgent]

Strange request, but does anyone have a link to a gloomy survey of the contract market.

Long story, but am going through a very acrimonious divorce, and need to justify my reduced turnover.

I have had several months on the bench this summer, but have managed to secure a contract, paying 20% less than my contract did at this time last year.

At a hearing last week, her barrister was arguing that I am deliberately running the company down. I need to counter this.

I am a Project Manager, in the South East if this helps.



Thanks in advance.

I hope this helps:

It's sh*t

[Paddy]

referral takes months I have been waiting since late spring

Stop contracting and get a low paid permie job

[MPwannadecentincome]

To be honest, this is just one of a huge number of allegations that they make, all without an foundation whatsoever.

I think it is partly a tactic to distract from her wrongdoings, as she has stolen money from an account of mine, and is stashing cash right, left and centre.

As regards my barrister, after a period on the bench, the money has run out, and I can no longer afford representation.

The relevance of their allegations is that they are trying to infer that I am hiding/diverting money, thus cannot be trusted to play fair after the divorce, and hence that she should get all of the assets now.

HTH

Oh Sh** in the meantime the barrister is raking it in... good luck

[vetran]

maybe the PCG can help?

https://www.pcg.org.uk/legal-helpline-pcg-members

[paraclete]

gulp sounds like you are representing yourself - I am still at mediation but if it gets to court I am considering using this guy....

Mckenzie Friend Services and Support

I found him on wikivorce

Thanks MP. Yes, he has been in touch with me too, but I need to establish exactly what his pedigree is, and how he can help in my situation.

To be honest, most divorces are relatively straightforward, with transparent asssets. IT Contractors are relatively well paid, thus there is often considerable money involved, and it is difficult to try and get judges into the mentality of running a limited company. I don't know if he has the experience of this sort of complex divorce.

Her barister continually argues that my rurnover is my salary; they have enven put in writing, in a submission for a previous hearing, that the only deduction that I should make is travel costs! I don't know what the tax man would make of that.

Whatever you do, try to contain this within the mediation, and don't let solicitors get involved. Legal costs so far in my case are not far off £50k, with a lengthy final hearing still to go.

[paraclete]

Isn't your barrister challenging this - how is it relevant to a settlement?

To be honest, this is just one of a huge number of allegations that they make, all without an foundation whatsoever.

I think it is partly a tactic to distract from her wrongdoings, as she has stolen money from an account of mine, and is stashing cash right, left and centre.

As regards my barrister, after a period on the bench, the money has run out, and I can no longer afford representation.

The relevance of their allegations is that they are trying to infer that I am hiding/diverting money, thus cannot be trusted to play fair after the divorce, and hence that she should get all of the assets now.

HTH

[DirtyDog]

referral takes months I have been waiting since late spring

<offtopic>it's not much better if you offer to go private - there's a dearth of highly skilled nut docs around</offtopic>

[MPwannadecentincome]

Good point eek, and hopefully I will get the chance to do this next time.

So far there has been no cross-examination, and hence no chance to do any digging into these allegations. The hearings always start with them summarising the background, basically a pack of lies and character assassinations of me; and, although I try to refute each of these in turn, none of the judges so far have wanted to listen to any debate.

Thanks for the advice.

gulp sounds like you are representing yourself - I am still at mediation but if it gets to court I am considering using this guy....

Mckenzie Friend Services and Support

I found him on wikivorce

[DirtyDog]

IMHO - I would ask them to "prove it". Regardless of the market rate, if you have been submitting yourself for roles but have been unsuccessful then the market rate is, to a large extent, irrelevant.

Rather than surveys ( which are subjective at the best of times), I would respond with the number of unsuccessful applications made.

Surely the burden of proof is on them not you ?? ( or maybe I am naive ).

I agree.

"He who asserts must prove" - they can prove that there is a reduction in turnover. They cannot prove that this is deliberately done - make a note of the number of roles you have applied for (or a rough estimate, but make it clear that it's an estimate), and use that as rebuttal evidence that you are trying to find work but cannot.

I don't think that even having a mate's accounts will help - what's to stop them arguing that they are artificial because he's a friend? - all you can do is show what you are doing to try and run the business, rather than trying to ruin the business.

Good luck with it, and hope you're feeling better soon - I wouldn't wish depression on my worst enemy.

[MPwannadecentincome]

Thanks Bellona. Yes, I have submitted evidence of applications at previous hearings, but the other side just ignore these.

I guess the next hearing (The Final Hearing) will be a more in-depth look at evidence, rather than those that have preceeded it. I have been quite shocked so far at the fact that no-one has looked at all at any of the evidence that I have painstakingly assembled.

Thanks again.

Isn't your barrister challenging this - how is it relevant to a settlement?

[MPwannadecentincome]

You don't need to prove anything the accounts are sufficient. If the accounts are incorrect this would be tax fraud, no-one can question your accounts unless they can prove that.

No need to justify anything just hand over a document from your accountant.

which is fine if the company has been trading long enough

[MPwannadecentincome]

3. Get referred to therapist/nut doctor...

referral takes months I have been waiting since late spring

[northernladuk]

There are also the SJD contractor surveys but they hardly paint a gloomy picture. Might be able to find some stats that are decreasing over time if that might help...

Contractor Attitude Survey Results - Accountants UK - SJD Accountancy

[paraclete]

Note the tactic being used. Supposedly the company is being run into the ground....

I would have stepped back a bit to ask what the barrister meant by company and then corrected his points 1 by 1. You are merely a highly paid temporary worker subjected to supply and demand. In return for high pay you take the risk that work may not be available.....

Good point eek, and hopefully I will get the chance to do this next time.

So far there has been no cross-examination, and hence no chance to do any digging into these allegations. The hearings always start with them summarising the background, basically a pack of lies and character assassinations of me; and, although I try to refute each of these in turn, none of the judges so far have wanted to listen to any debate.

Thanks for the advice.