Wages Owed and Getting Nowhere

[ca$$y123]

Hi

Looking for advice - not sure if anyone can help but here goes!:

 

was employed by this limited company until 1 May 2013 when director told all staff he was unable to pay wages for previous moth and was placing company in receivership.

 

This was never done - ie to date no receiver appointed.

 

Was awarded Tribunal Award last August - enforcement order for this from High Court made May 2014.

 

Another member of staff received letter from director advising that all assets of old company had been transferred to a new company of which he is a director of so bailiffs unable to take anything in repayment of wages owed debts.

 

Notice in London Gazette in April 2014 advising of first notice to strike off company - have successfully lodged objection delaying until November 2014 but need to,produce additional documents then to confirm actively trying to get repayment debt owing.

 

Director says old company debts nothing to do with him as he was an employee too and he did not receive wages for April 2013!

 

It appears he simply withdrew all funds from company account and 'walked away' from it and the staff!

 

Solicitors and police say has done nothing illegal but how can someone get away with not paying staff? I understood that if a company could not pay its debts (staff wages surely a debt) then it is insolvent. if so then we as staff are creditors and company cannot merely be struck off as if we of no concern!

 

Any help greatly appreciated as we seem to be getting nowhere!!

 

Thanks

[citizenB]

Did the employer settle your tax and NI contributions ?

[ca$$y123]

Hi - not sure on this but I never received a P60 for last year

[citizenB]

I think you might need to speak to the Tax office in respect of that.

[rebel11]

Hi ca

 

Welcome to CAG

 

The guys will advise as soon as they are available.

Thread moved to correct forum.

[G G GEE]

You're not alone: [ATTACH]51115[/ATTACH]

 

Makes interesting but depressing reading.

 

Sounds like you're dealing with a Phoenix.

[Swoosh84]

I'm afraid they can do this, it may not all be all legal but the only way to know for sure is to appoint an insolvency practitioner. As the said company does not have the funds to do so this would need to be done by yourself. This can cost upwards of £5,000, if the practitioner finds anything wrong with the company books and there are funds to be recovered then you may get this money back but its a gamble at best.

 

As you have objected, the director can apply for the company to be struck off again in 3 months time. You can reject again but if you keep rejecting without taking it further then companies house will eventually ignore your rejection.

 

The director is correct in stating that any judgement made will be against the former limited company and not himself nor the new limited company so any bailiffs won't be able to touch anything unless they belong to the old limited company.

[Conniff]

Two threads merged.

[ericsbrother]

If judgement obtained before assignment of assets they still belong to oldco, not newco. Will need to take the matter up with the branch of companies house who deal with dodgy directorships and get it reported.