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westmidsman

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Everything posted by westmidsman

  1. As far as I can tell, we are beyond the point of no return. It's an odd business I work in as we have a set income with very limited potential to generate a commercial revenue. They have massively overspent on staffing from the looks of it. We work from a set business plan and so don't have a market position as such - we don't sell a product or service. Like I say....odd. It's quite a specialised field hence my relocation. These jobs are quite few and far between and they almost always result in relocation. Another job has come up elsewhere. Looks like I might be applying for that one
  2. Actually found this: Wrongful trading If a company finds itself in financial trouble and carries on trading to the detriment of its creditors (a practice known as wrongful trading), any director who should have concluded the "point of no return" before it had been reached, can be held personally liable for the debts if the company then goes into liquidation. Directors must therefore be aware of the company's financial status and ensure that someone competent monitors its solvency. However, a director can be cleared of this liability if a court is satisfied that when the director realised that the company was not able to recover, he or she took reasonable steps to minimise potential losses to creditors. Other factors that may help convince a court that you acted properly include making sure that: the board was properly constituted board meetings took place with detailed agendas of what was to be discussed board meetings were properly minuted proper management information was provided and records kept. If a director is successfully sued for damages, he or she may claim a contribution from anyone else who is also found to be responsible. However, a court can lift this liability wholly or partially if it is satisfied that you acted honestly and reasonably and, on balance, ought fairly to be excused. I have learnt since joining the company that the full board hasn't met for a long time but they have formed what they told me was an "express board". Sounded a bit odd at the time but it looks like they are withholding the true state of affairs from the rest of the directors. It's all just a big mess. I appreciate I'm not a creditor of the company (yet) but I just find it utterly immoral that they have brought me and my family down here (around 200 miles away) for a job that doesn't really exist. I guess as the little guy in this, I just get shafted. Excellent.
  3. Did I ask them if they were insolvent? Yeah, that's how I start every job interview....
  4. Hmmm, okay I'll wait for other replies lol. The directors surely must have known what was going on in their own company or they were extremely negligent in not knowing.
  5. And how would one do that exactly? The last accounts filed were 2012-2013. I am an employee of a company, not a director or owner or anything like that.
  6. Hi all I have recently relocated to the South West to take up a position as the manager of a company. No relocation was offered so I have spent around £2,500 of my own money moving here as well as taken up a 6 month tenancy on a house. Both myself and my wife left permanent employment for a fresh start with this new job and have uprooted the kids etc. to do so. Now, the problem is it has taken a huge effort to even get them to open up the books for me (bearing in mind this is a company the directors want me to manage) and it seems apparent that there just isn't enough income or reserves to meet the expenditure. There are invoices coming out of the woodwork from all over the place and creditors chasing on a daily basis to get paid, some invoices have been outstanding for almost a year now. The company is a limited liability partnership (directors agree to contribute £1 if the company winds up etc.). My question is, can I go after the directors personally for compensation if it turns out they have recruited me into a company that is about to go bump?
  7. Do you still have the paperwork showing projections etc? Was it to cover a mortgage? When mine matured my terminal bonus was something like 33% of the maturity value so it might not be as completely desperate as you first thought. Plus, whilst you might have paid £18k into it, there will also be a cost taken straight off that for the life cover
  8. As far as I understand it, GAP insurance only covers the shortfall if your car is an insurance write off. So say I have £10,000 left to pay on my agreement and write the car off but the insurance only pays out £5,000, The GAP insurance would cover the remaining £5,000.
  9. How very bizarre.... my good friend David Son has a home in Lyon(s) and he tells me one the directors of Royal Sun Alliance lives nearby in an old building inspired by the Plymouth College of Art.... Ok I think we might be stretching this out a bit now
  10. So just to confirm for the thickos (me).... we need to put Lyons-Davidson or Royal Sun Alliance student insurance in our posts and it will achieve a higher google ranking? Can typing in Lyons-Davidson or Royal Sun Alliance student insurance really make that big a difference? Won't it just be free advertising for Lyons-Davidson or Royal Sun Alliance student insurance?
  11. hahaha good one. Like I said before. Good luck with your 'claim'.
  12. Whats it like to live with that hate inside you? I hope you aren't teaching anyone I know to drive if you can't even be bothered to check the car out first. Good luck with your 'claim'...
  13. How odd... literally tens of people have had a problem with a company, you must be in the right then. I think I've discovered the problem as it happens. You need to do a search for 'I know I made a mistake but I want someone else to pay Action Group' and that should see you right. The facts speak for themselves really. If the car had a nail in the tyre on delivery why didn't you spot it and report it instead of agreeing the car was all ok? The examiner spotted so it was obviously visible.
  14. Blimey there's really no need for that kind of attitude. How do you know that you didn't pick up a nail the first time you drove it? You don't. They do admit that the nail could have been picked up once the vehicle has left the depot but then go on to say it could also happen whilst it is in your possession. I guess this is why they ask you to sign the paperwork to say you have received the vehicle in good condition with no problems. I don't have to rely on my car for my livelihood so I probably wouldn't give it a good going over. If I was in your position where I would be taking students out in a car I guess I would take a little more time, care and attention to detail on this. I also wouldn't be blaming someone else for my mistake
  15. I love this thread. I'm not sure what I'm going to do when it's all over... Might actually have to get some work done!
  16. Ah. My fault for not providing enough info. Thanks for the responses though guys. Much appreciated. Think I'll shelve this for 10 years or so and look at it again then. Been paying into my personal pension since I was 20 so I'll always have that I suppose. Can anyone confirm what the arrangement is at the moment? Is there a basic state pension which everyone gets regardless of contributons and then an additional amount based on your SERPS contributions. Also I read somewhere on the net that in 2012 they may be cancelling the option to contract out. Would this be for those wishing to newly contract out or would I automatically be contracted back in at this stage. Or is it not true at all?
  17. Pacific Retail Limited T/A Motor World Pennine Business Park, Bradley Road, Bradley, Huddersfield. West Yorkshire. HD2 1RA 0845 0505005 http://www.motor-world.co.uk Companies House has this info listed: MOTOR WORLD LIMITED UNIT 2 PENNINE BUSINESS PARK BRADLEY ROAD BRADLEY HUDDERSFIELD WEST YORKSHIRE HD2 1RA Company No. 06542846 I'm not really sure what info you would need to pay for? Did the letters go recorded delivery? If not then I am sure they will have gone missing in the post.
  18. Good result. Just out of interest we had the same problem with ours after 18 months. Contacted Sony and after a few tests they did over the phone, they sent a courier to drop off a new machine and collect the old one. Not sure why we got a different result as we read on the internet that it is a fairly common fault. We were probably without it for about 3 days all told so they dealt with our problem very well.
  19. Thanks for your response LT but I think one of us may have some incorrect information here. My Aviva pot is made up solely of protected rights contributions (NI) so contracting back in to SERPS wouldn't increase my contributions. I'm still paying NI as normal but they are then being paid to Aviva... as I understand it anyway?! Can anyone confirm if this is the case? My normal pension pot which I pay into monthly is with Standard Life so I have no idea if I can either transfer the Aviva pot to my Standard Life one or just contract back in.... and I don't know how I would go about contracting back in anyway lol. I might need to see an adviser about this to sort this out to avoid any heartache.
  20. Just in case anyone is interested in their website and isn't aware of the archive: Internet Archive Wayback Machine Enjoy
  21. Morning all Way back in 1998 I contracted out of SERPS with a GA personal pension plan. I received a statement yesterday from Aviva saying that plan isn't even worth the amount I have paid in so far which doesn't fill me with confidence when the projections they give are based on a 7% return. I can't really blame Aviva for poor performance as I know what is happening on the markets but I guess what I would like to know is whether I should be contracting back in to the state pension to at least guarantee myself an income. I seem to recall when I took out the plan, the adviser telling me that the state pension wouldn't be around by the time I retire but I'm thinking that might not be true. I'm 31 now if that makes a difference.
  22. Accidentally 'lose' your debit card and phone your bank to get it cancelled and a new one issued. I had to do that to stop an automatic renewal thing going through. That should at least stop them taking money off your card. Can't help on the DCA though sorry.
  23. Hi guys Just fact finding for my OH who has worked for the same company for 2 and a half years now. She has recently had to take some time off due to various complaints (not all in one go just the odd days here and there - she hasn't been under any disciplinary procedures at any time) and is now being investigated for a neurological disorder. It is quite a serious set of investigations and she has told her manager what the implications of this disease are (if it turns out she has it). Now comes the issue we have, the management have now decided that they are going to change her shifts around to 'fit in with the needs of the business', however she has worked the same shifts since she started and needs the same shifts so she can manage her time with doctors appointments and kids etc. We think they are being deliberately uncooperative now they know about this potential problem she has. Her contract doesn't state the hours she works, just the minimum contracted hours per week. She was offered the hours she has verbally at interview by her still current manager. What I would like to find out is at what stage do these hours become an implied term of reference in her contract and what rights do we have to make sure they can't push her out of her job due to a possible disability? She has enough to worry about at the moment with the prospect of living the rest of her life not knowing what each day will bring without having to worry about losing her job as well. A stage may come in the future where she is unable to carry on her duties but she doesn't feel like she wants to join the scrap heap just yet.
  24. That would explain my confusion lol *Retreats back under the rock*
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