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  • FIRST POST
    • Andrew Burns
    • By Andrew Burns 13th Mar 17, 8:27 PM
    • 1Posts
    • 0Thanks
    Andrew Burns
    insolvency about six weeks ago the firm I was subcontracting for went into liquidatio
    • #1
    • 13th Mar 17, 8:27 PM
    insolvency about six weeks ago the firm I was subcontracting for went into liquidatio 13th Mar 17 at 8:27 PM
    about six weeks ago the firm I was subcontracting for went into liquidation, I was owed nearly five weeks wages.

    I contacted the liquidators Wilie and Bisset and was told that the couldn't help me.

    Is there anyone that I can get in touch with to try and get my money. I don't have enough to pay anyone up front but would be willing to pay if my wages were redeemed.

    the firm in question are now back trading under a different name, surely this is wrong.

    Yours,

    Andrew Burns.
Page 1
    • Scorpio33
    • By Scorpio33 14th Mar 17, 10:23 AM
    • 471 Posts
    • 669 Thanks
    Scorpio33
    • #2
    • 14th Mar 17, 10:23 AM
    • #2
    • 14th Mar 17, 10:23 AM
    What exactly did the liquidators state?

    The liquidators job is to value what assets they have, raise funds and pay off what they can to the creditors.

    If they are stating the old company did not have sufficient (or any) assets to pay you, then you have lost the money from the company. However, you should be able to get it back from the government, see instructions here:

    https://www.gov.uk/your-rights-if-your-employer-is-insolvent/claiming-money-owed-to-you

    The new company is a different legal entity, completely separate and owe you nothing.
    • antrobus
    • By antrobus 14th Mar 17, 11:22 AM
    • 15,275 Posts
    • 21,787 Thanks
    antrobus
    • #3
    • 14th Mar 17, 11:22 AM
    • #3
    • 14th Mar 17, 11:22 AM
    ..However, you should be able to get it back from the government, see instructions here:

    https://www.gov.uk/your-rights-if-your-employer-is-insolvent/claiming-money-owed-to-you

    ...
    Originally posted by Scorpio33
    Yes, but OP states that they were "subcontracting". There may or may not be an employer/employee relationship.
    • Scorpio33
    • By Scorpio33 14th Mar 17, 11:34 AM
    • 471 Posts
    • 669 Thanks
    Scorpio33
    • #4
    • 14th Mar 17, 11:34 AM
    • #4
    • 14th Mar 17, 11:34 AM
    Yes, but OP states that they were "subcontracting". There may or may not be an employer/employee relationship.
    Originally posted by antrobus

    I missed that bit.

    Yes, if subcontracting, little you can do if there are no assets in the liquidated company.

    As a creditor, the liquidator should give you a statement when the company is wound up.
    • gerard1789
    • By gerard1789 30th Mar 17, 8:21 PM
    • 9 Posts
    • 0 Thanks
    gerard1789
    • #5
    • 30th Mar 17, 8:21 PM
    Sub contractors can claim
    • #5
    • 30th Mar 17, 8:21 PM
    Found that link which could be useful in this case. It shows that even sub contractors can claim through The Insolvency Service, with a lil help from MP....

    gazettelive.co.uk/news/teesside-news/jo-hand-redundancy-pay-ssi-10695102[/url]
    • sangie595
    • By sangie595 30th Mar 17, 9:54 PM
    • 4,026 Posts
    • 6,518 Thanks
    sangie595
    • #6
    • 30th Mar 17, 9:54 PM
    • #6
    • 30th Mar 17, 9:54 PM
    Found that link which could be useful in this case. It shows that even sub contractors can claim through The Insolvency Service, with a lil help from MP....

    gazettelive.co.uk/news/teesside-news/jo-hand-redundancy-pay-ssi-10695102[/url]
    Originally posted by gerard1789
    You have misunderstood the case. The workers were not awarded redundancy payments as sub-contractors. They were wrongly classed as workers (sub-contractors), but further evidence was submitted that showed they were, in fact, employees of the recruitment firm. Unless the OP can demonstrate an employment relationship, then they cannot claim against the RPS.
    • Marktheshark
    • By Marktheshark 30th Mar 17, 10:02 PM
    • 5,689 Posts
    • 7,158 Thanks
    Marktheshark
    • #7
    • 30th Mar 17, 10:02 PM
    • #7
    • 30th Mar 17, 10:02 PM
    You serve what is called.
    "Statutory notice of claim"

    Write statutory notice of claim on the header of the letter and outline clearly in non emotive language what you are owed as a "creditor" by who and that the letters serves as served notice of a statutory claim to the appointed persons or receiver.
    You sign the letter as true certification that the above facts are truthful
    You send this by certified post not e-mail to the principle executive officer of the receivers company.

    They then have to place you on the asset creditors list or you can claim the amount directly from the receiver should they fail to do so.

    You still may not get any money, tax is paid, employee wages are paid and the rest is dividend up amongst the creditors who have made a statutory claim at % of pennies in the pound.
    Brexit will become whatever they invent it to be.
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