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BR' Haulier called to account Wendy Smith, trading as WS

21st May 1998, Page 30
21st May 1998
Page 30
Page 30, 21st May 1998 — BR' Haulier called to account Wendy Smith, trading as WS
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Which of the following most accurately describes the problem?

Freight Services, of March, had been called before Turner, sitting as Eastern Deputy TC at a Cambridge disciplinary inquiry, to allow him to check that they are separate entities.

Warning that a record of the proceedings might be made available to the official receiver, Turner said a winding-up order had been issued in relation to WS Freight Services.

Turner was concerned this company had been operating without an 0-licence. Smith had told the official receiver the company was engaged in road haulage and he wanted to know what licence it had been operating under.

He had been told that the company's vehicles had been repossessed. He needed to know what vehicles they were; whether they were over and above those operated by Smith or the same vehicles; and whether the official receiver knew that Smith had other vehicles in her own name.

There was also the question of Smith working as transport manager for Stephen Smith, trading as Steman International.

It was alleged that she had allowed a vehicle to be operated when no licence had been issued as the cheque for the licence fees had been dishonoured and no vehicle excise licence was in force.

For Smith, Martin Arthur said the limited company had functioned as a freight forwarder, using both her transport and that of some other subcontractors.

Smith maintained that all the transport operations had been carried out by her and not the company.

Asked why the company was said to owe £4,500 for fuel, £20,000 in VAT and £17,000 to the Inland Revenue, Smith said that it had bought the fuel and deducted it from her invoices.

The Inland Revenue debt was hers, as she had employed the drivers, but the amount was being disputed. Two vehicles had been repossessed because the company had defaulted on lease payments. Those vehicles had been operated under her licence.

Stephen Smith was her brother-in-law and she had had no idea the licence fee had not been paid or that the vehicle had not been taxed. She had since resigned as Stephen Smith's CPC holder.

The TC told Smith he had received a letter from C&T saying she owed it large sums. Smith replied that she felt this debt belonged to the limited company. C&T issued toll cards for running overseas and she believed they had been issued in the name of the limited company.

Turner said he was worried that Smith might be attempting to mislead him and other Government agencies.

The suspicion was that she had operated the business as a limited company when it had no licence, or that she had been operating as an individual and the limited company was merely there to avoid debts that had been built up.

Asked what the truth was, Smith maintained that they were two different operations.

Turner adjourned the proceedings for the two sets of accounts to be produced.


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