hi - just joined and really concerned

dumgoyne

the insurance company had also tried to make contact through companies house with investors from the company concerned, but as with so many of today's businesses, gone to ground being the operative expression.

i was in long drawn out negotiations with them, i informed them that i didnt want landed with some awkward scenario where i had to pay money personally (which i didnt have). on the basis they couldn't track investors down, it gave me security, knowing that if i was contacted for either car or monies to the value, i was able to do so.

soup


so are the benefits office actually correct in their judgement? is it right i should now part with any of the £6k which isnt mine?

dmg24

The negotiations with the insurance company were nothing to do with you. You did your bit in reporting the incident, and that should have been the end of it. However you still have not explained why you were driving the car once your employment had ceased, which is why it would appear that there is more to this than you are telling.

On the information given, I would agree with the DWP's decision. You chose to take the money, and it is available for you to spend should you wish to do so. Your potential liabilities to your ex employer are irrelevant.

dumgoyne

why was i still using the car? it is normal practise to use a company car for an agreed period, post redundancy ie on average for 3-6 months along with mobile phone.

it was during this agreed period, that the company folded. also turns out, that the company may have been trading insolvent from the start of their 2009 financial year, so things may well have been dodgy. still no p45 back from them and only ever received 2 wage slips.

dmg24

dumgoyne wrote: »

why was i still using the car? it is normal practise to use a company car for an agreed period, post redundancy ie on average for 3-6 months along with mobile phone.

No, this is not normal practice, unless you were on garden leave.

dumgoyne

with respect, i may be a new member but have been in sales for several big companies for 20 years and can safely say IT IS VERY NORMAL PRACTISE.
numerous people i know who have been made redundant have had similar extended use, after their completion date.

soup


do i pay the £6k back to the insurance company?

dumgoyne

do you think if i pay back the 6k to the insurance company whilst making benefits aware, they will take this on board and rectify?

soup

karenx

I think even if you gave the 6k back to the insurance company then it will be deemed as "deprevation of capital" and from a benefits point of view they will take it as you still have the money yet have gotten rid of it in order to stay under the capital limit for claiming full benefits

Who was paying the insurance? And why was there no mention of anybody wanting the car back when the company folded? Surly debts must of been owed somewhere where they would look for assets to sell in order to pay these off and pay wages that were owed. So why were you not asked to give the car back?

dumgoyne

is the answer to the last question. obviously it was a blow losing my job and didnt ask any questions when i was allowed officially to use the car for a further period.

soup

Vader123

I agree with dmg24, we are not getting the full story here or you have had terrible legal advice.

I am unware of any industry that allows you to drive the car after employment (as you don't work for them and are not an employee you are not insured), UNLESS they hand over the car payments and hence insurance is your responsbility.

Don't hand any money to anyone until you get some decent advice. To hand it over without some expert advice might mean (for benefits purposes) they will class it as "deprivation of capital" (google it) and treat you like you still have it.

I don't mean to be rude OP or insult, but your post smacks of "not the full story".

Enlighten us! Its the only way you will get advice you can use instead of a string of questions!

Vader

karenx

dumgoyne wrote: »

is the answer to the last question. obviously it was a blow losing my job and didnt ask any questions when i was allowed officially to use the car for a further period.

soup

And you didnt think it was odd that they didnt ask for their car back???