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Staff payments recalled by liquidators

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Comments

  • jobbingmusician
    jobbingmusician Posts: 20,347 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I agree about the professional advice, but am interested in what the money was for. Was it actually for wages or a statutory redundancy payment (in which case my gut tells me that it's probably your money, no dispute) or was it an ENHANCED redundancy payment (in which case my gut tells me that the company was on very sticky ground in making it - which isn't the same as thinking that the conclusion is it would have to be repaid, of course).
    Ex board guide. Signature now changed (if you know, you know).
  • JReacher1
    JReacher1 Posts: 4,663 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    I am not sure if I am misreading this but it seems to say that you worked from December to May and got paid your wage each month. The company was then liquidated in May, when you got redundancy.

    They are saying that you shouldn't have been paid from December to May as the company was actually liquidated in December and they want the money returned.

    This all sounds incredibly dodgy. Especially with the 8.5% interest.

    I would not be paying them anything and seek legal advice. It sounds a bit like a scam
  • TripleH
    TripleH Posts: 3,188 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    A starter for 10 might be to write a letter (Not email) to the liquidators at their registered office asking them to clarify their email and get them to fully explain and justify what grounds they are reclaiming money back.

    Use it as a fishing exercise to ask questions. This might show the email to be a scam or it will give you specific evidence (In writing) to take somewhere else for advice. Google the registered address though and not one quoted in the email in case it is a bit whiffy.
    May you find your sister soon Helli.
    Sleep well.
  • thanks for replying, payments were standard wages - no extra payments or anything to do with redundancy.

    Regards
  • Tom99
    Tom99 Posts: 5,371 Forumite
    1,000 Posts Second Anniversary
    As said Section 127 clearly related to disposing of property or shares and I cannot see how, by any stretch of the imagination that can also include wages.
    What about rent, rates, utilities etc. Since you were still working and being paid I would imagine all those items were also being paid.
    I would be inclined to ignore the email and see what happens, who is to say you still have the same email address or it did not go direct to junk mail.
    I think engaging with them is what they are after.
  • thanks for replying, payments were standard wages - no extra payments or anything to do with redundancy.

    Regards


    Well, you've got three options:


    1. ignore and see what happens


    2. contact them and ask for further explanation. You could perhaps add that you worked for the company in good faith during the period in question and that you were legitimately owed the wages in return for your labour.


    3. seek advice - try CAB and also try a solicitor. Some law firms will give you 30 minutes free advice. Look for one that does and preferably has some experience in employment law and insolvency law.


    FWIW I don't personally see how they can reclaim wages under the sections they refer to(?) but probably better safe than sorry.
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