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fahrrad
22nd September 2009, 21:15
I have a question about a financial matter that is a bit complicated. I am self-employed.

I lent my former partner £2600 in 2001 (before I became self-employed) to help him pay off credit card debts. He repaid £1100 by cheque in 2006 and we agreed he would repay the rest at a later date.

I began doing some freelance work as a translator in 2005 and have continued with this work since then. However, I only began declaring my self-employed earnings to HMRC in 2007. The relationship recently turned sour and he hinted he might report me to HMRC, so I went to an accountant and asked him to help me report all my previous undeclared earnings to HMRC. My ex-partner is aware I have done this.

My ex is suddenly now offering to repay me the remaining £1500 he still owes me, but I am suspicious as to his motives for doing this. He is an accountant himself. He asked me how I want the money (bank transfer/cash etc.) and asked me how it would be possible to make it clear that this money is not income from work, since he knows about my freelance work. I said I wasn’t sure what to do about that and would get back to him about it.

As paranoid as this might sound, I suspect he might be planning to give me the money and then later claim to HMRC that this sum (£1500) and the earlier sum he repaid (£1100) were for work. This is not true, but I don’t know how I would be able to disprove this, and by that point HMRC will already be mistrustful of me since I am about to voluntarily disclose the fact that I dodged tax.

Is there any way I can protect myself if I ask for the money back (which I want to do because he has owed it to me for 8 years now)? I’d really appreciate any advice. Maybe it’s just simpler if I tell him to give the money to charity!

Richie N
22nd September 2009, 21:23
Well if he paid you for work, you would have had to raise an invoice first...

fahrrad
22nd September 2009, 21:30
But how can I prove I didn't raise an invoice? (Or do I need to prove that?)

Richie N
22nd September 2009, 21:35
But how can I prove I didn't raise an invoice? (Or do I need to prove that?)
No but he would have to prove it if he took things further.
I don't think you have anything to worry about.
Ask him to pay by cheque or cash, coming from his personal account.

fahrrad
22nd September 2009, 21:49
I was living with him until recently and used to raise invoices on his computer, so I don't think he'd have any problem creating one and making it look as if I had done it (and yes, I know how paranoid that sounds, but I'm just trying to cover all the bases!) This guy seriously has an axe to grind.

cjd
22nd September 2009, 22:09
Ask him for a cheque plus a signed letter saying that this is in final payment for your initial loan of £2,600 without interest.

fahrrad
22nd September 2009, 22:16
Ask him for a cheque plus a signed letter saying that this is in final payment for your initial loan of £2,600 without interest.

That sounds like a good idea, thanks, I'll give it a try.

yorkshirejames
23rd September 2009, 08:25
That sounds like a good idea, thanks, I'll give it a try.

But get him to sign the cheque first - if the worst comes to the worst (which it won't) then paying tax on 2600 (i.e. you only receiving 75% ish of it) is much better than receiving £0.

If he does start messing around, threatening to report him to his professional body will probably do the trick.