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    • Mariehelene
    • By Mariehelene 3rd Oct 17, 1:23 PM
    • 3Posts
    • 0Thanks
    Mariehelene
    Insolvency Service Claiming Money back 2 years later
    • #1
    • 3rd Oct 17, 1:23 PM
    Insolvency Service Claiming Money back 2 years later 3rd Oct 17 at 1:23 PM
    Hello,

    2 years ago I was made redundant as the company I worked for went bust. As part of my redundancy claim I logged I was awed 8.65 days of accrued holidays.

    My claim was assessed and approved. Last week the Insolvency Service contacted me to say it shouldn't have been approved and now want the money back.

    I contacted the liquidator - the issue is that my old company didn't keep track of days off properly.

    I explained everything to the Insolvency Service saying I wasn't comfortable paying back without proof. They are now saying they forwarded my email to the debt recovery service.

    Can you advice on what will happen next and whether they can force me to pay back something that was assessed and approved 2 years ago without any proof?

    Also is this issue going to affect my credit score?

    Best,
    Marie
Page 1
    • Comms69
    • By Comms69 3rd Oct 17, 1:43 PM
    • 515 Posts
    • 382 Thanks
    Comms69
    • #2
    • 3rd Oct 17, 1:43 PM
    • #2
    • 3rd Oct 17, 1:43 PM
    Yes they can take action to recover (though whether they'd be successful is impossible to say)


    It wont affect your credit rating (credit scores aren't a thing) at this stage.


    Was this annual leave above the statutory?
    • Mariehelene
    • By Mariehelene 3rd Oct 17, 3:05 PM
    • 3 Posts
    • 0 Thanks
    Mariehelene
    • #3
    • 3rd Oct 17, 3:05 PM
    • #3
    • 3rd Oct 17, 3:05 PM
    Yes it was on top of statutory pay. They approved it at the time and out of nowhere they contacted me saying they shouldn't have approved it.

    The issue is that the liquidator has no info about the employees' holidays taken or not taken as the managers never logged anything. So they are unable to prove when I took my leave for example. The liquidator even contacted the company at the time saying the info on annual didn't make any sense.

    I'm just wondering if legally the Insolvency service can claim the money back out of no where despite them approving it years ago and despite they don't have any proof.

    Also i'm wondering what they mean by Debt Recovery...like are they going to take me to court or to bailiffs???
    • Comms69
    • By Comms69 3rd Oct 17, 3:33 PM
    • 515 Posts
    • 382 Thanks
    Comms69
    • #4
    • 3rd Oct 17, 3:33 PM
    • #4
    • 3rd Oct 17, 3:33 PM
    Yes it was on top of statutory pay. They approved it at the time and out of nowhere they contacted me saying they shouldn't have approved it. - I'm pretty sure they shouldn't have paid it in that case.

    The issue is that the liquidator has no info about the employees' holidays taken or not taken as the managers never logged anything. So they are unable to prove when I took my leave for example. The liquidator even contacted the company at the time saying the info on annual didn't make any sense.

    I'm just wondering if legally the Insolvency service can claim the money back out of no where despite them approving it years ago and despite they don't have any proof.

    Also i'm wondering what they mean by Debt Recovery...like are they going to take me to court or to bailiffs???
    Originally posted by Mariehelene


    Possibly, it depends on if you engage or not.


    You'll get court papers before it goes to court and bailiffs only enforce court orders so at this stage - nothing dreadful is happening.
    • Mariehelene
    • By Mariehelene 3rd Oct 17, 3:35 PM
    • 3 Posts
    • 0 Thanks
    Mariehelene
    • #5
    • 3rd Oct 17, 3:35 PM
    • #5
    • 3rd Oct 17, 3:35 PM
    Thank you very much - appreciate your feedback!
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