invoices for client to claim back via solicitor - The Book-keepers Forum (UK)

lor · Guru

invoices for client to claim back via solicitor

Shamus · Forum Moderator & Expert

Ooh, forensic auditing (gathering of evidence suitable for use in a court of law). Never as simple as it seems and quite a specialist area as it involves not the amount that the assets were sold for but current values taking into account depreciation, obsolesence, and damage.

There's also discounting / recasting to present value thrown into the equation as well (calculating past sales in todays terms).

As with many things that seem simple it's not.

The best that you can do is create a list of the assets, their original cost, their approximate carrying value had they not been disposed of (which may be nil), their approximate carrying value at the date of disposal (which is a nice to have but may be inconsequntial).

The sons defence will of course be that his father gave him permission / requested that he dispose of the assets. This will then go backwards and forwards possibly for years and the only people to come away from the scenario with any money at all will be the solicitors, yourself and the forensic auditor.

If the son was given full control of operations he may have been completely within his remit to sell some of the assets even though his father thinks that he should not have done. Did he take the money or has the money just been used up over time?

Forensic auditing is a specialist and regulated area that requires for the auditor to be a registered auditor licenced to do forensic work. I know several auditors but non of them are registered for forensic work so no help with names I'm afraid.

Talk with the fathers solicitors and see who they normally use for forensic work... Then frighten the father to death with how much this is going to cost him!!!

Sorry, I never seem to give a "Yes you can" type answer recently do I!

Shaun.

-- Edited by Shamus on Thursday 3rd of June 2010 12:54:25 PM

lor · Guru

Ok, I think I need to have a chat with the solicitor on this one!

The son did it over time, e.g. there was rent paid by a tenant that lived in the property, the son took the monies and spent it, whilst the father thought the funds would still be in the account when he came back.

why do I always get the complicated ones, I feel like I would like to pass this on!

starting to feel peeved lately, I want simple straight forward companies! aaarrrggghhh!

-- Edited by lor on Thursday 3rd of June 2010 05:06:32 PM

Shamus · Forum Moderator & Expert

So theft of money rather than theft of assets.

Sons defence is then likely to be that he was promised a wage and this was taken from the rent.

Things are a bit bad when your taking your own children to court aren't they!

Talking to the solicitor is definitely the best first step... Don't forget that the father needs to give the solicitor permission to talk to you.

lor · Guru

thanks for your answer, well it is theft of money as the father is saying also that the son said the rent was more than what the father was paying to the council (tyhis is once the father had came bk), and asked for him to write a cheque periodically to cover the difference which wasn't actually due. Also the father has said that the son sold cars of his when he was away.

another thing the father said the son tried to also kill him by saying that the father was mad when he had food poisioning, therefore the father was put into a nut house and crippling in pain. But that is just part of the story nothing to do with the financial side.

-- Edited by lor on Thursday 3rd of June 2010 05:19:14 PM

lor · Guru

apparantley the son told HIS doctor who was biased to the son, and believed that the father had madness not food poisoning.

I am in shock with the whole scenario!

-- Edited by lor on Thursday 3rd of June 2010 05:21:27 PM

Shamus · Forum Moderator & Expert

Right, forget Eastenders. From now on we're all going to be tuning in to how this one is developing!

Sounds as though both parties believe that they are in the right and no matter which one you talk to you would probably come away believing the same.

If morbid curiosity hasn't got the better of you it might be a sound move to wash your hands of the whole thing before it gets totally out of hand (which it will).

-- Edited by Shamus on Thursday 3rd of June 2010 05:53:05 PM

Rhianrach · Expert

WOW a real life soap opera can't wait for tomorrows instalment. smile

lor · Guru

lol I wish it wasn't happening to me!

Rhianrach · Expert

I'm not overly sure where your expertise would come into this, do they literally just want you to list assets so that the fathers solicitor can say what has gone without the fathers consent, or do they want you to stand in the library and decide who did it and with what weapon? confuse

BackOfficeGroup · Guru

I've only read this quickly, so might have taken it the wrong way, not hard seeing as how tired I am....but did you say the father paid rent to the council, so are we talking about a council property that was rented out? Did they have permission to do that....

I would steer clear of this one, as seems far too complex and unlikely to get paid for your work!

P

lor · Guru

well the father said something about the son gained ownership of the property when he was very ill, so the father didn't know what was happening, and the authorities took the rent from the father and paid it over to the son...........the son said because it was 415 ish per 28 days it should be 450 per month, but it equates if you do your sum, but the dad siad he has had the wool pulled over his eyes!

lor · Guru

To clear things up I have spoken with the client and he requires me to just make separate invoices for the different costs or amounts "stolen" from him and that is all he wants me to do.

I feel that I am happy to do this and am glad that I have cleared up what he expects from me. I have told him I am unable to offer advice on the matter but am able to produce invoices on his behalf.