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Owed £15,600 from employee

anna_m
anna_m Posts: 6 Forumite
Sorry meant employer - cant change title post - i am a newby and my 1st post here



My boyfriend is owed over £15k
Need some help where I go from here


ACAS tell us we have no chance getting the money back we its outside 3 months but I cant help think this is unfair and there must be some way to take this snake to court?


Unpaid salary for 3 months - he stayed because he kept being told the money was coming
This was aug-nov 2017
Xmas he left because he went into financial difficulty
The company went into liquidation
He then opened a new company called the same but put a word next to it

My boyf has a redundancy letter which states he will be paid £13,650 when the money comes into it with the new company name printed
This was August
Anyway, he was then asked to go away for one week (May 2018 ) and he would get paid £1100
he didnt get it and is yet to receive.......now I have called acas and even tried a debt collection agency who have said they can help but just want some advice before we go down that route.


He only went on the last trip as he was told a contract may hit in that week which would clear his total debt (15k) but not a penny paid, he is now owed all this money


Do we have any case with the letter promising to pay the outstanding debt

along with many many emails, whats app all saying moneys coming, blah blah blah with endless amounts of deadlines


Thanks for reading


I have summerised so please ask if I havent made anything clear. We really need some help


Thank you
«1

Comments

  • nicechap
    nicechap Posts: 2,852 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    anna_m wrote: »
    Sorry meant employer - cant change title post - i am a newby and my 1st post here



    My boyfriend is owed over £15k
    Need some help where I go from here


    ACAS tell us we have no chance getting the money back we its outside 3 months but I cant help think this is unfair and there must be some way to take this snake to court?


    Unpaid salary for 3 months - he stayed because he kept being told the money was coming
    This was aug-nov 2017
    Xmas he left because he went into financial difficulty
    The company went into liquidation
    He then opened a new company called the same but put a word next to it

    My boyf has a redundancy letter which states he will be paid £13,650 when the money comes into it with the new company name printed
    This was August
    Anyway, he was then asked to go away for one week (May 2018 ) and he would get paid £1100
    he didnt get it and is yet to receive.......now I have called acas and even tried a debt collection agency who have said they can help but just want some advice before we go down that route.


    He only went on the last trip as he was told a contract may hit in that week which would clear his total debt (15k) but not a penny paid, he is now owed all this money


    Do we have any case with the letter promising to pay the outstanding debt

    along with many many emails, whats app all saying moneys coming, blah blah blah with endless amounts of deadlines


    Thanks for reading


    I have summerised so please ask if I havent made anything clear. We really need some help


    Thank you


    I'm afraid your post is quite unclear.


    On what basis was his relationship with firm1? (employee, consultant, self-employed?) How long had he worked there?


    You say the first firm owes him money from Aug to Nov, and your boyfriend left in Dec because of his own financial difficulty? Did he give & work his notice?


    Yet he has a letter dated Aug from firm 2 that says he will get redundancy money (from which firm?). Why did he do work for firm2 in May with the outstanding debt?.


    I presume he was on over £50k a year if he's owed that much - perhaps pay a solicitor for advice and debt pursuit?
    Originally Posted by shortcrust
    "Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."
  • easy
    easy Posts: 2,532 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    In your boyf shoes I think I would find a solicitor, ask for a free initial appt, and take along all the evidence he has.
    I try not to get too stressed out on the forum. I won't argue, i'll just leave a thread if you don't like what I say. :)
  • anna_m
    anna_m Posts: 6 Forumite
    Ok to confirm


    He was a paid employer for the company since May 2016-NOV 17 when the company went into liquidation.....my boy was in financial difficulty as he wasnt getting paid for 3 months. Therefore he had to leave as the company were not paying him. He was issued a redundancy letter.


    Yes his basic was 54K which he was being paid from May 2016-June 2017 with no problem.
  • anna_m
    anna_m Posts: 6 Forumite
    He only ever worked for one company....lets call them JOKE UK, when the company went into liquidation in NOV 17, the guy opened a company called JOKE INTERNATIONAL,who still trades the same business address, same handful of staff ( who is his wife, uncle and friend of a family - the other 3 people also got made redundant same time) and he went in May because he was told he would get £1100 for going as thats what he earns in a week and was told if the contract hits when he is out there ( dubai ) then there is a chance he would get his £15k when he arrives back in the UK so he went because we are desperate.
  • nicechap
    nicechap Posts: 2,852 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    anna_m wrote: »
    He only ever worked for one company....lets call them JOKE UK, when the company went into liquidation in NOV 17, the guy opened a company called JOKE INTERNATIONAL,who still trades the same business address, same handful of staff ( who is his wife, uncle and friend of a family - the other 3 people also got made redundant same time) and he went in May because he was told he would get £1100 for going as thats what he earns in a week and was told if the contract hits when he is out there ( dubai ) then there is a chance he would get his £15k when he arrives back in the UK so he went because we are desperate.



    I'm out. (need 10 letters)
    Originally Posted by shortcrust
    "Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."
  • robatwork
    robatwork Posts: 7,301 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Still unclear.

    Does he have a written contract with JOKE LTD?

    Does the letter he received from JOKE INTERNATIONAL say that JOKE LTD owes him the £13,650 or JOKE INTERNATIONAL owes him the £13,650?

    It sounds initially like he should have some legal advice and put in a claim to the administrator/liquidator/JOKE INTERNATIONAL depending on your answers.
  • anna_m
    anna_m Posts: 6 Forumite
    Yes he had a contract however the company went into liquidation so doesn't that make it void ?


    The letter says he will be paid from the international side ' when the money comes in'


    Yes we have the details of the liquidators infact I remember we did call them at some point when we looked into this before.
  • LilElvis
    LilElvis Posts: 5,835 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    anna_m wrote: »
    Yes he had a contract however the company went into liquidation so doesn't that make it void ?


    The letter says he will be paid from the international side ' when the money comes in'


    Yes we have the details of the liquidators infact I remember we did call them at some point when we looked into this before.

    Well, as he hasn't been paid for his trip to Dubai either presumably the money hasn't come in. Unless he can prove that the directors were knowingly trading insolvently with the first company (possibly making the directors personally liable) he's unlikely to see a penny.
  • anna_m
    anna_m Posts: 6 Forumite
    He hasn't been paid a penny. It's the wording of this redundancy letter that we were hoping we might have a case. He never told my partner the company was going under, i googled the company and found out it had a winding up order and my partner was never told. This was months before he was made redundant.


    I'm going to go and see a solicitor and get legal advice because its a very messy complicated case acas said. The fact he is now insolvant they said we cant do anything
  • Voyager2002
    Voyager2002 Posts: 16,349 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    There is a government fund to meet the unpaid wages of people who work for companies that fail -- it came into play after Carillion went under. I am surprised that ACAS did not tell you about this.


    As others have said, this is a problem for a solicitor rather than an online forum.
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