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    • You're like, super helpful and unhelpful at the same time lol.   What do I search for, I searched form 4, and nothing, I searched claiming compensation and nothing about this.   I can't find the top squares logo.   Can you post a link or tell me what to search.   Sorry if I'm slow.
    • use our custom google search box  click our top squares logo it should appear on that page   dx
    • Apologies, I haven't used a forum for years!!   I defo wish to keep the 2 issues separate, sorry!   My only issue I need help with is the increased compo for marstons - if possible.   I don't know anything about claiming compo etc. (I only recently found out one of the NHS biggest costs are NDA payouts)   I don't know what form 4 is; so far, they've offered £250 and I haven't accepted or denied it.   So yeah, can you forward me to some more info?   Also, usually I'm good at google etc. but I can't find many stories on this stuff, regarding PCN/TFL etc.   Thanks again!
    • ok things are getting clearer...   I've merged 2 of your posts for clarity and removed the swearing, (behave please) I've also taken down the two images you posted should you wish to post things up please use PDF so we can zoom easily and don't forget to redect them read upload carefully.   I think you need to continue to keep the two thing sep. those being increased compo for marstons- if possible ( if you are raising a form 4? complaint through the court - it might be better you don't? - they are very hard to justify and can be costly - so the fact it might not be moving forward could be a good thing, but listen to others here too) and the issue of the PCN wasn't justified - which you need to further expand on please.   the more info you post up the better please but please use multipage PDF files only and carefully redact them    
    • Thanks for trying btw! It's kinda in 2 parts.   1 is that the PCN wasn't justified in the first place and I wasn't aware it had escalated. I received the initial fine from TFL which I challenged and heard nothing back from (for 5 months). Then another letter from a separate PCN which made me email TFL to inquire what was going on but again, heard nothing back.   (BTW I can see how confusing this is so thanks again for trying)   So, I had no idea my car was at the risk of being taken - that's the first part.   No 2. is:   I got a phone call saying my car was on the back of a truck round the corner from mine (they hadn't left any notices or anything, and the car was parked directly outside my house). My friend said they were attaching the straps and securing it to the van (so I think they got it on the back of the van and moved it before securing it).   When I ran round the corner I saw the EA's van. I went upto it and asked what was going on. He was rude and told me to go away. Then after I kept knocking he got out the van and was aggressive and refused to ID himself or tell me why he had my car.   He shouted at me, was rude and unprofessional, he then left with my car. I complained to Marstons and asked for the bodycam footage.   They gave me the footage but it was clearly edited and cut short (because in the beginning of the footage he was the most aggressive).   They then told me he wasn't required to have the camera turned on when he's in the van, only when he's 'actively pursuing a warrant' and I was only allowed the footage I was in. (which is 2 different things) So I asked them to clarify which is true.   Anyway, I reviewed the footage and sent in my complaint (talking about what happened in the footage) They replied and said they watched the footage and disagreed with everything I said.   So I wrote a more in depth response with the CIVEA code to reference + the TFL EA guide etc.    Then they asked for more time, called me and finally apologised and admitted he had acted untoward and was in the wrong.   They then offered me the goodwill payment.   This has taken up weeks of my time, caused me serious trauma and PTSD and even after I complained WITH video evidence, they still initially denied it which means they officially lied, on record, while representing TFL.   I told TFL what was happening they said I had to continue with Marstons etc.   £250 goodwill isn't enough, the car cost £800 to get out, the suspension is messed up and I'd like to claim compensation for everything.   I don't know if that makes me sound like i'm money grabbing or whatever but they shouldn't be allowed to get away with it.   The police had to come before they could call an ambulance cause I was having a panic attack and it was a HORRIBLE experience.    So any help would be great please    I have the whole file from Resolver in a ZIP file but it's a lot of writing and I think you've read enough of my writing to last a life time!   I did a statutory declaration of OOT, got it signed by the court etc. but it was rejected.   I then tried to take them to court but it cost £250 I think which I don't have. You can get it for free if your low income but they wanted bank statements that I couldn't get. They're waiting for me to reply with documents to get a free court date.    did you receive any of the pcn's - was that why you appealed? - Yes, sorry!   unless it's trying secure a greater level of compo from marstons? - Yes, sorry!   For the record I just saw this pop up, read it and now feel much less guilty about my enquiry!
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brickwall1958

Company dissolved owing wages

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My stepson worked for a garage for over 2 years and around February 2019 they seemed to have gone bankrupt sending him home but still owing him at least 2 weeks wages and holiday pay, around £1,000. He has been round to the owner's house but no-one was there. He has found another job but has 2 small young children and wasn't able to pay his rent due to not being paid. Companies house says the company is due to be dissolved at at 16.4.19. What should be his next move. Appreciate any advice. Thank you.

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He should have acted faster. According to your post the company is already dissolved. 

 

He can no longer claim to an employment tribunal as the company is dissolved - there is no respondent to name. The same applies to the small claims route - there is nobody to sue. 

 

He should have contacted the liquidator / insolvency practitioner before the company was dissolved. It may be worth trying to contact them to see if there is any  chance of them referring this to the redundancy payments service. But I suspect he may be too late, and his only other referral route would have been via a claim to an employment tribunal (where the judgement is unpaid). 

 

Sorry, but I think it's unlikely he'll now see this money.

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sadly it seems he has left it too late unless the liquidator has found a pot of money to be distributed so the first port of call be be that liquidator. they will be listed as such but they may well have already set a date by which all claims have to be submitted and that will most likely have been before the 16th.

If the directors are found to be personally liable  then he may sue them but you can do a lot of bad things before you get clobbered as a director by the insolvency service

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Thanks for replies. We'll check the state of the company.

 

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Companies House says 'Active proposal to strike off' which we don't know what it exactly means. Can anyone help please?

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https://www.gov.uk/strike-off-your-company-from-companies-register

 

If directors are late in filing their company accounts, and don't reply to warnings from Companies House, their company can be struck-off the Companies House register and therefore cease to exist. ... This measure will speed-up the process of deregistering a company name that has an active proposal to strike-off.


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Thanks for that. The information says about advising employees but stepson has been let go. They told him they were not renewing the lease but did not pay him monies he is due. Should he take some legal advice?

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Sorry, re-read this and I see the company is supposed to let former employees know if they are owed money. Still not sure what to do if he doesn't hear anything from them as there has been no communication since it happened and they sent him home out of the blue. Can anyone help with advice about his next step? Thank you.

 

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Difficult to oppose the dissolve and to get the company re registered ...also costs money to sue them to which your not guaranteed payment even with a judgment.

 

https://www.gov.uk/object-to-a-limited-company-being-struck-off

 

https://www.gov.uk/government/publications/company-strike-off-dissolution-and-restoration/strike-off-dissolution-and-restoration

 

 


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Even if the company has not been struck off yet, a small claim against an insolvent company is a waste of time and money - if, and there usually isn't, any money left at all, you would end up on a long list of people owed money. Possibly but not always, as an employee, you might get preferential status. All that means is that you are first on a list of people who will never get paid! 

 

The correct thing to do is to apply via an employment tribunal - but there are strict timescales to such claims, and you need to get the claim in when there is still an employer to sue. Then if the tribunal finds in your favour, and the employer is gone, it is possible to get the award through the government scheme - although seven that is not always simple. You might try approaching the Redundancy payments service, but I wouldn't hold my breath at this stage that they'll help. Their first port of call is on recovering money from employers, and at this stage they have no chance of that, and will probably argue that it's too late for them to intervene as they are usually called in by the liquidator.

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Not very good news! The employer just told him he may as well go as he wasn't going to re-new the lease on the building. Didn't even tell the truth about what was happening.

 

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8 minutes ago, brickwall1958 said:

Not very good news! The employer just told him he may as well go as he wasn't going to re-new the lease on the building. Didn't even tell the truth about what was happening.

 

Happens a lot. Two lessons. Join a union. When anything you don't like or don't understand happens, go to the union! Sorry. It's rubbish, I know. Lesson learned? 

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