what evidence do i need..??..

cookieshop

hiya,

my NRP gave up his position in his own company when I filed claim with the CSA, this is going to court/tribunal....

I know he is still working in the same company some how, no longer on the books or companies house...not sure how he is doing it at the moment, but thru a few phone calls to the company, it is now established he is in fact still the MD of the company, which is what he was before, but told the CSA thru an accountants letter that he resigned.....

does anyone know what evidence I shud be looking to get to prove he is still working there..??..as I have been told that I am not allowed by law to record phone calls, but then someone else said if it fraud then you are allowed..??..
also, if I get photo evidence, he will probably just say he was visiting the company for the day, or some other excuse...??..probably even if it was a few lots of photos over the course of months he will probably still make up an excuse for being there...:-(

can anyone let me know if there is any solid evidence that I can get that I can then take him back to tribunal/court with..??..

thankyou in advance...xxx

kevin137

Just so you know, there is NOTHING in law that says you cannot record a conversation, however, the law is very specific about what it can be used for.

So if you phone the company, and asked to speak to the MD and it was put through to him and you had a conversation then you could not use it.

BUT and it is a BIG BUT. If you ever managed to get him into court, and you asked him if he was still the MD of the company on that specific date, then you could call perjury and the tape can be used as evidence to prove the perjury...

Other than that the recording would be worthless and could get you into trouble... As you can't forward it, play it for anyone else etc as that is a data protection issue. Companies state they are recording to cover there backsides, and you still have the right to have copies of the recordings... But they mainly use them for in house training and for disputes and NOTHING else...

As for what you can do about proving it, having someone visit the company and speaking to the MD and then signing a statement that they had seen him there and he was acting in the role of MD would be sufficient proof for it to be investigated...

cookieshop

ah, thankyou for clearing that up.....I have actually got someone to call and speak to him (not recording it....yet)...so I know I cud of got that, but I did think there was a law about that...

so if someone in general were to go to the company for a quote or something, and didn't actually get photos of him working or anything that he signed.....I cud just call on them for a witness statement, and the court wud have to investigate it for me..??..

it was photo evidence I was worried about, cos he cud easily wriggle out of it....xxx

kevin137

You need evidence for the CSA, not for a court, so if someone you knew visited the business, and he was still stating his position as MD, then they could have an statement made and sworn under oath that could be sent to the CSA as factual.

I am not so sure that the CSA would do anything with this, however, they should...!!!

You have to be aware that the statement MUST be true, or you will be causing yourself and whoever swears out the statement a whole heap of trouble...!!! And possible could be sentenced to prison for lying, so make sure the facts are correct and that everything is true...!!!

Once you have chased the CSA with this info, they should as i said investigate or make further inquiries, and then if he lies, will be the one on the receiving end of penalties, backdating etc...

Any issues after doing this, contact your MP as to where to go next, or if they refuse to act on it, then the same...

cookieshop

yes you are right, it needs to be for the csa to take into consideration before further action, but I wondered what it was they would accept as evidence, and I wudnt be lying, its NRP who has been lying and deceiving everyone....

if I did get someone to do that for me, when I phoned up and reported it to the csa, they will say something along the lines of 'do you have evidence of this'...well when I say all I have is someones word, surely they will just laugh at me..??..:-(

I know the csa is abit useless, cos when I told them he still worked there (back last year when it happened), they basically said there was nothing they cud do cos they had the accountants letter and that's what they were going by...

its me the one been fighting and fighting to even get it to the tribunal....xxx

kevin137

You don't call them, you write ask them to reissue the case with the proof that you have a signed statement to the fact that he is indeed still working in the same position.

You include a copy of the signed statement, you may need to have it notarised or sworn on oath by a court for it be worth anything beforehand, and that should be enough proof...!

If they do not act on it, then you contact your mp stating that you have obtained proof by way of a 3rd party who has made this statement and that the CSA are refusing to act on it...

An accountants letter is just that, a letter of statement, that is in fact nothing if there is proof otherwise...

Does it make sense...?

cookieshop

it does make sense, its just actually getting someone to do it, who wont blow their cover...lol...

who wud I go to get it signed under oath..??..solicitors..??.. cos the accountants letter was only signed by his accountants, for all I know, may be his best mate...??..

and also, you say about the csa refusing to act on it, but surely me telling them he still works there, they shud of looked into it, but they refused, altho there was only me saying it...maybe I shud of written in all those months ago, instead of just calling...

their moto is everyone has a right to be believed, but they obviously didn't believe me...:-(...xx

thankyou for your advice, very helpful...xxx

if there is anything else you can think of, it would be much appreciated.....

all of this is me just speculating what his next move is, cos at the minute, it is going to tribunal, cos he is being looked into for diversion of income, so not sure what will happen, if he gets found liable, would payments be indefinite, or cud he then start saying he is unemployed and cant pay...??..baby is just 2 years old...xx

kevin137

You used to be able to write a statement and get it notarised or sworn under oath and the local court, you have to pay, but it isn't or shouldn't be too much...

cookieshop

I would absolutely definitely pay, no matter what it cost, as long as it would be taken seriously and they looked into that lying cheating nrp....lol...

thankyou..xxx