We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Job in bankruptcy

Hi,

I work in car sales and I sell vehicles on finance as part of my job. Will this be affected? I can't find a BR clause in my contract and my boss doesn't seem to think it will, also I have an inkling others in the company may have been BR previously.

I cant remember if car sales is "approved", "authorised" or "accredited" and what it means for my job?

I am not giving financial advice per se, although it is finance if that makes sense.

I do have to answer some general knowledge FSA questions once a year though.

They didn't ask when I took the job six years ago what my financial position was.

Please help!
«13

Comments

  • dojoman
    dojoman Posts: 12,027 Forumite
    Bump...........................
    :pB&SC No. 298
    Life`s Tragedy is that we get OLD too soon
    and WISE too late!
  • debtinfo
    debtinfo Posts: 7,012 Forumite
    i think the only way to know for sure is by reading your contract and speaking to your HR department
    Hi, im Debtinfo, i am an ex insolvency examiner and over the years have personally dealt with thousands of bankruptcy cases.
    Please note that any views i put forth are not those of my former employer The Insolvency Service and do not constitute professional advice, you should always seek professional advice before entering insolvency proceedings.
  • Johnpj
    Johnpj Posts: 199 Forumite
    edited 3 September 2011 at 11:29AM
    I was in that situation myself, but not selling cars. But I did offer leasing options for the products I sold.

    Do you have the final say on things, if so then you would have a problem. In other words I am assuming your not head of sales.

    As you say you have to answer the FSA fair practice stuff every year, I assume your selling cars and finance to the public. As your then an advisor on people taking on a long term financial commitment, then the OFFICAL RECEIVER who looks after your affairs may very well have an issue. It might also depend on the reasons for you bankruptcy, if you get my drift.

    This is why bankruptcy is never a light easy option, it can have implications throughout your entire life.

    On Monday speak to the FSA and to the local OR office who would deal with your case.

    I did not have a problem in my case because I advised businesses. It was deemed I was not a risk as companies would take their own advice.
  • nottoolate
    nottoolate Posts: 1,359 Forumite
    Johnpj wrote: »
    As your then an advisor on people taking on a long term financial commitment, then the OFFICAL RECEIVER who looks after your affairs may very well have an issue.

    cant see that the or is going give a rats !!!! as long as the empoyer and regulator is ok with it
  • Johnpj
    Johnpj Posts: 199 Forumite
    In the vast majority of cases I agree. I can see some cases where an issue would arise. This is one that is highly dependent on the persons exact personal circumstances. Hence talking to the FSA and OR will give them the confidence to decide on BR.
  • nottoolate
    nottoolate Posts: 1,359 Forumite
    Johnpj wrote: »
    I can see some cases where an issue would arise.

    what cases that might appy here?
  • Johnpj
    Johnpj Posts: 199 Forumite
    The most obvious is if they were actually self employed and not an employee, the issue of trading would come in.

    A public protection one, where the bankrupt themselves got into trouble by the same route he is advising others.

    The FSA has concerns.

    They are a member of a professional institution or body, where the codes of conduct would preclude membership.

    Insurance indemnity to cover trading with the public.

    The old one of is someone a shadow director or involved in the management, even if they do not have the title of a manager.

    We do not have enough of the facts to answer, hence directing them to the key players, the FSA the OR and from debtinfo's advice the HR people.

    Although the OR does not decide if a person is right for a particular role, the have a public protection role and refer cases to the proper bodies. A person has to be fit and proper, and advising the public on finance may give the OR concerns, which they might raise with the appropriate parties.
  • Johnpj
    Johnpj Posts: 199 Forumite
    My professional indemnity relied on me being a member of a certain body, and other conditions. My HR department were not aware of this. It was the OR who raised it and concerns over advising. In my case everything was fine, but the OR DID have concerns at first.

    Better to check it out first, rather than after bankruptcy.
  • debtinfo
    debtinfo Posts: 7,012 Forumite
    really all the OR does is advise the FSA if the bankrupt is directly authourised, they leave anything else to them
    Hi, im Debtinfo, i am an ex insolvency examiner and over the years have personally dealt with thousands of bankruptcy cases.
    Please note that any views i put forth are not those of my former employer The Insolvency Service and do not constitute professional advice, you should always seek professional advice before entering insolvency proceedings.
  • nottoolate
    nottoolate Posts: 1,359 Forumite
    thanks
    Johnpj wrote: »
    The most obvious is if they were actually self employed and not an employee, the issue of trading would come in.

    they are not self employed. so irrelevant
    Johnpj wrote: »
    A public protection one, where the bankrupt themselves got into trouble by the same route he is advising others.

    none of the ors concern at all

    that is the fsas or other proffesional body
    Johnpj wrote: »
    The FSA has concerns.

    They are a member of a professional institution or body, where the codes of conduct would preclude membership.

    Insurance indemnity to cover trading with the public.

    as long as the organisations are informed then nothing to do with the or beyond that

    i asked what concern the or would have that they are an
    Johnpj wrote: »
    advisor on people taking on a long term financial commitment, then the OFFICAL RECEIVER who looks after your affairs may very well have an issue.

    you are waffling of at a tangent
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.2K Banking & Borrowing
  • 253.6K Reduce Debt & Boost Income
  • 454.3K Spending & Discounts
  • 245.2K Work, Benefits & Business
  • 600.9K Mortgages, Homes & Bills
  • 177.5K Life & Family
  • 259K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.