hi - just joined and really concerned

dumgoyne

hello

i am a single full time dad of 49, had jobs since 20 at a good sales level but it now seems surplus to requirements out there!!!

been on benefits which is tough to take to be honest, but need some serious advice please? on income support and child benefit since april of this year, lost my job last year, was made redundant and finished 11th september 2009.

i was able to use their company car, then after i left, the company went into liquidation. i am still owed some £5k in unpaid expenses and wages, i have a lawyer working on my behalf but since it is proving horrendously difficult to track down previous company owners, i am advised i may have to say goodbye to unpaid monies.

the main problem is the company car. i was on the way to school with my son in november of last year and had a smash which wrote the car off, it was my fault to be fair. to cut a long story short, the insurance company naturally wanted to pay the company but my argument was, that if the insurance company paid the company at their old office address, nobody would ever see the correspondence as a new business had moved into the vacant building.

then what was i supposed to do, if administrators arrived at my door, demanding their car back??? i would then explain no car remained so they would want monies to the value paid to them. i negotiated with the insurance company and they eventually agreed to pay me, with all monies unspent in my bank account, on the basis that i could receive a knock on my door anytime. i received this pay out in june of this year ie 2010.

the benefits office recently asked for an annual upto date savings overview, which i duly gave them. i gave them a full explanitory written overview, including the insurance money, stating in detail, that these monies i have no intention of spending on the basis i do not believe to be mine.

they have just written to me today, stating that they have made a decision that they consider the money to be mine!!!!!! i have correspondence (which i sent them) from when i started with the company, that details i was in receipt of a "company car". really unhappy with this decision from the benefits office. they say that because the money was paid to "your car" and into my bank account, that the money is considered as "savings"!!!! i totally disagree.

my current bank account shows over £10k but for me as i stated in my overview, this includes the £6,300 paid by the insurance company. what do i do here, because i believe my true savings are £3,700 not in excess of £10,000.

could you advise?


thank you

soup

dumgoyne

how the heck do i convince them otherwise??

dmg24

Contact the administrator and hand over the money. I don't know why you did not do that as soon as you received the money?

PurpleD

Ask the lawyer who has been assisting you for advise ???

dumgoyne

thank you very much for your replies and advice.

with regard to contacting their administators, if my lawyer cant find any trace of them to progress legal attempts to chase them on unpaid wages and expenses, i dont think i will have much joy??

soup

i agree that it would have made life a lot easier to pay the £6k to the administrator, question is i wonder if i should just pay back the £6k to the insurance company in order to clearly state my case from a benefit office perspective?
perhaps there is an argument that on the basis my ex employers owe me £5k i would be advised to hold on to the car money???

dmg24

If your solicitor is unable to trace the administrators, then you need a different solicitor. Something is not right here, and I would suggest you take advice from a new source.

withabix

The contact details for the company held at Companies House will be those of the Administrator.

dumgoyne

how unfair is this by the way? benefits consider this insurance payout to be a saving, despite my bank statements clearly showing i have not gone and spent any. this on the basis i may be asked for it.

so, a scenario then arises, that my benefit may be reduced, possibly ask for some to be repaid ie going into part of the insurance pay out, THEN what happens if the administrators arrive at the door???

soup

dmg24

dumgoyne wrote: »

how unfair is this by the way? benefits consider this insurance payout to be a saving, despite my bank statements clearly showing i have not gone and spent any. this on the basis i may be asked for it.

so, a scenario then arises, that my benefit may be reduced, possibly ask for some to be repaid ie going into part of the insurance pay out, THEN what happens if the administrators arrive at the door???

soup

I am still struggling to see why you ever suggested that the money went to you?

dumgoyne

the money came to me because i was sh****** myself that administrators arrived at my house demanding either car or money. didn't want to be in a position where i was put in a middle man position ie demanded upon to pay any savings out of personal monies i didnt have!!!!!

at the end of the day, the car and finance behind it was not my affair, i just wanted to cover my !!!! in case of all eventualities.

soup

dmg24

dumgoyne wrote: »

the money came to me because i was sh****** myself that administrators arrived at my house demanding either car or money. didn't want to be in a position where i was put in a middle man position ie demanded upon to pay any savings out of personal monies i didnt have!!!!!

at the end of the day, the car and finance behind it was not my affair, i just wanted to cover my !!!! in case of all eventualities.

soup

They money was still not yours to take, and why were you still using the car?

You have either received very bad advice, or we are not getting the full story. You need to speak to a different solicitor.