Sub-contractor for Limited Company that went "bust".

Gsaver1

A number of years ago I was working for this company. He paid us weekly but took retention money off each week. To cut a long story short he said nothing to his sub-contractors that he was "going bust". We found out on Friday morning when we went to get our wages. So two weeks of wages and retention money was owed to me and the other twelve workers.

I took him to the small claims which I won. I got my sheriff officer to go round and see what he could recover. The van had its new name of the company set-up following the "demise" of the other firm. All his "tools" were purchased for the new company. I asked to see the new invoices for these recent purchases but low and behold I wasn't shown them. My sheriff officer had no success with recouping anything. 

I had the bank account number from which he paid me. Turns out to be a Royal Bank of Scotland account. I wanted a third party, namely Police Scotland, to look into this account as I wanted to see some transparency. However, as it was a civil matter they said their hands were tied. I thought I was a victim of fraud seeing as he used my labour to enrich his life, sadly not in the view of Scottish law.
To cap it all of I met father and son on another building site and the son loved rubbing my face in it, saying that I was never going to see the money that I was entitled to. Which he happens to be right about, unfortunately.

So this guy turns around and says he is bust and whatever he says must be taken as gospel. This person had previously done this sort of thing with another one of his companies. He is not allowed to be a director for a few years now. However, his son has a new business but he is just a front. Unlike car insurance, if you do this with a limited company it is allowed.

Should see the size of this guy's house, massive and another kick in the guts he moved to another bigger house a short time afterward, bust, most certainly not.  

Dox

It this was a number of years ago, why raise it now?

jonnygee2

Should see the size of this guy's house, massive and another kick in the guts he moved to another bigger house a short time afterward, bust, most certainly not.  

That's nothing. Keep employing this trick long enough and you'll become the president of the United States.

Gsaver1

Dox said:

It this was a number of years ago, why raise it now?

It seems that a number of companies are going to go bust. I would just like to share that the person who ran this business was not bust at all. He just said he was and we were to take that as the "truth". I would like to see some transparency in the process. I along with others wanted to see the banking details from the last twelve months. If he had nothing to hide, show it. He didn't which all points to corruption. 

I was done out of money which he got from my labour. He has no remorse and he will no doubt do it again. Companies House is not fit for purpose. He wanted me to be his foreman on his next job which I turned down. 

On the other job, I met them on the son laughed right in my face. The guy who was working with me at the time asked what that was all about. I told him and he said I should have stuck the nut on the ****. Finally, I'd just like to add I wish the husband, wife and son that they get their own comeuppance with what goes around comes around. 

Gsaver1

jonnygee2 said:

Should see the size of this guy's house, massive and another kick in the guts he moved to another bigger house a short time afterward, bust, most certainly not.  

That's nothing. Keep employing this trick long enough and you'll become the president of the United States.

Well, you will find this person in the region of Fife.

Dox

Gsaver1 said:

Dox said:

It this was a number of years ago, why raise it now?

It seems that a number of companies are going to go bust. I would just like to share that the person who ran this business was not bust at all. He just said he was and we were to take that as the "truth". I would like to see some transparency in the process. I along with others wanted to see the banking details from the last twelve months. If he had nothing to hide, show it. He didn't which all points to corruption. 

You mean you just accepted his word? A quick check at Companies House would soon have demonstrated whether he was telling the truth. The banking details for the last 12 months wouldn't give you the information you seem to believe; the accounts might - and certainly the appointment of an insolvency practitioner would.

Gsaver1

Dox said:

Gsaver1 said:

Dox said:

It this was a number of years ago, why raise it now?

It seems that a number of companies are going to go bust. I would just like to share that the person who ran this business was not bust at all. He just said he was and we were to take that as the "truth". I would like to see some transparency in the process. I along with others wanted to see the banking details from the last twelve months. If he had nothing to hide, show it. He didn't which all points to corruption. 

You mean you just accepted his word? A quick check at Companies House would soon have demonstrated whether he was telling the truth. The banking details for the last 12 months wouldn't give you the information you seem to believe; the accounts might - and certainly the appointment of an insolvency practitioner would.

For a father and son to just disappear from site for a number of days and appear back for a few hours then leave us working when we were never going to get paid? I didn't trust him one bit and I still don't. What really annoyed me was he turned up working on a site as a sub-contractor for a big construction firm. I made some noises that I wasn't happy to see him on site. He then went to the site manager saying I was badmouthing him. I had every ******* right to do that. No **** who rips me off is going to get off lightly and when he was the boss in everything but name I was very angry, to see him back repeating the same "trick."   A person with morals would tell you at the earliest point to leave site as you are not going to get paid. This **** didn't let on to anyone and just took our labour to line his pockets.

I was let down by my union. I was a member for over a decade. I spoke to the head guy of Scotland and said I wanted a face to face meeting with him in Dundee. The guy never met me face to face. He just continually changed the subject and that was that. I then spoke to the guy who was the head guy for the UK. He wasn't interested at all. All they were interested in was getting my monthly direct debit into their bank account. I phoned up to cancel my direct debit and I was given the sob story about how they would be sorry to see me go, and I was making a big mistake. Not true, the big mistake was thinking of being in a union they would support me and take this scumbag to the cleaners. I told them in no uncertain terms that they had done ****** all to help me and they were a disgrace. Bogus self-employment was another issue here but again the union didn't give a ****.

Once I started digging I found he did exactly the same thing a number of years ago with another company. You would think my union would have gone to the point of getting an insolvency practitioner appointed but as I said above they couldn't give a toss. So not only was I screwed over by the firm you could include the union for which I paid my fees for over a decade to as well. You wonder why the construction industry struggles for people to go into the industry, this sort of thing is why. In twenty years of being in the trade I am sick of all this.

Comms69

Gsaver1 said:

Dox said:

Gsaver1 said:

Dox said:

It this was a number of years ago, why raise it now?

It seems that a number of companies are going to go bust. I would just like to share that the person who ran this business was not bust at all. He just said he was and we were to take that as the "truth". I would like to see some transparency in the process. I along with others wanted to see the banking details from the last twelve months. If he had nothing to hide, show it. He didn't which all points to corruption. 

You mean you just accepted his word? A quick check at Companies House would soon have demonstrated whether he was telling the truth. The banking details for the last 12 months wouldn't give you the information you seem to believe; the accounts might - and certainly the appointment of an insolvency practitioner would.

For a father and son to just disappear from site for a number of days and appear back for a few hours then leave us working when we were never going to get paid? I didn't trust him one bit and I still don't. What really annoyed me was he turned up working on a site as a sub-contractor for a big construction firm. I made some noises that I wasn't happy to see him on site. He then went to the site manager saying I was badmouthing him. I had every ******* right to do that. No **** who rips me off is going to get off lightly and when he was the boss in everything but name I was very angry, to see him back repeating the same "trick."   A person with morals would tell you at the earliest point to leave site as you are not going to get paid. This **** didn't let on to anyone and just took our labour to line his pockets.

I was let down by my union. I was a member for over a decade. I spoke to the head guy of Scotland and said I wanted a face to face meeting with him in Dundee. The guy never met me face to face. He just continually changed the subject and that was that. I then spoke to the guy who was the head guy for the UK. He wasn't interested at all. All they were interested in was getting my monthly direct debit into their bank account. I phoned up to cancel my direct debit and I was given the sob story about how they would be sorry to see me go, and I was making a big mistake. Not true, the big mistake was thinking of being in a union they would support me and take this scumbag to the cleaners. I told them in no uncertain terms that they had done ****** all to help me and they were a disgrace. Bogus self-employment was another issue here but again the union didn't give a ****.

Once I started digging I found he did exactly the same thing a number of years ago with another company. You would think my union would have gone to the point of getting an insolvency practitioner appointed but as I said above they couldn't give a toss. So not only was I screwed over by the firm you could include the union for which I paid my fees for over a decade to as well. You wonder why the construction industry struggles for people to go into the industry, this sort of thing is why. In twenty years of being in the trade I am sick of all this.

You weren't an employee. So i dont understand what the issue is? If you want employee protections, then be an employee. 

Unions dont get insolvency practitioners involved. You seem to expect everyone - union, police, courts, son etc. to take responsibility for in effect making a mistake in working for this unscrupulous chap.

It's your mistake. Sorry

steampowered

If you can prove that assets were moved from the old company to the new company to avoid paying creditors, that may be enough to pursue a claim against the new company and/or the director responsible.

Gsaver1

Comms69 said:

Gsaver1 said:

Dox said:

Gsaver1 said:

Dox said:

It this was a number of years ago, why raise it now?

It seems that a number of companies are going to go bust. I would just like to share that the person who ran this business was not bust at all. He just said he was and we were to take that as the "truth". I would like to see some transparency in the process. I along with others wanted to see the banking details from the last twelve months. If he had nothing to hide, show it. He didn't which all points to corruption. 

You mean you just accepted his word? A quick check at Companies House would soon have demonstrated whether he was telling the truth. The banking details for the last 12 months wouldn't give you the information you seem to believe; the accounts might - and certainly the appointment of an insolvency practitioner would.

For a father and son to just disappear from site for a number of days and appear back for a few hours then leave us working when we were never going to get paid? I didn't trust him one bit and I still don't. What really annoyed me was he turned up working on a site as a sub-contractor for a big construction firm. I made some noises that I wasn't happy to see him on site. He then went to the site manager saying I was badmouthing him. I had every ******* right to do that. No **** who rips me off is going to get off lightly and when he was the boss in everything but name I was very angry, to see him back repeating the same "trick."   A person with morals would tell you at the earliest point to leave site as you are not going to get paid. This **** didn't let on to anyone and just took our labour to line his pockets.

I was let down by my union. I was a member for over a decade. I spoke to the head guy of Scotland and said I wanted a face to face meeting with him in Dundee. The guy never met me face to face. He just continually changed the subject and that was that. I then spoke to the guy who was the head guy for the UK. He wasn't interested at all. All they were interested in was getting my monthly direct debit into their bank account. I phoned up to cancel my direct debit and I was given the sob story about how they would be sorry to see me go, and I was making a big mistake. Not true, the big mistake was thinking of being in a union they would support me and take this scumbag to the cleaners. I told them in no uncertain terms that they had done ****** all to help me and they were a disgrace. Bogus self-employment was another issue here but again the union didn't give a ****.

Once I started digging I found he did exactly the same thing a number of years ago with another company. You would think my union would have gone to the point of getting an insolvency practitioner appointed but as I said above they couldn't give a toss. So not only was I screwed over by the firm you could include the union for which I paid my fees for over a decade to as well. You wonder why the construction industry struggles for people to go into the industry, this sort of thing is why. In twenty years of being in the trade I am sick of all this.

You weren't an employee. So i dont understand what the issue is? If you want employee protections, then be an employee. 

Unions dont get insolvency practitioners involved. You seem to expect everyone - union, police, courts, son etc. to take responsibility for in effect making a mistake in working for this unscrupulous chap.

It's your mistake. Sorry

The whole point is that he is playing the system and I, unfortunately, was part of it. I did everything possible to show that he wasn't bust but the system just doesn't want to know. 

You say it's my mistake? He did this years ago, before doing the exact same thing again. If a policy was introduced in the first place to stop this crook I would not have been in this situation. My only mistake was going out to earn a living. 

Well, the court found in my favour for a lot of good it did me. Using my labour to line his pockets, I would say that's a fraud? Getting paid by the main contractor and then saying the companies bust. Then to see him working for his son, who is a front for this next company, with more self-employed workers working for him. 
I'm only trying to highlight this situation but then it is the people of power in the construction industry that should be doing things to prevent this but they do not give a stuff.

Gsaver1

steampowered said:

If you can prove that assets were moved from the old company to the new company to avoid paying creditors, that may be enough to pursue a claim against the new company and/or the director responsible.

My Sheriff Officer spoke to the daughter who was well versed in what to say and the Sheriff Officer just accepted this. The company has since been removed from the register at Companies House.