I don't often (in fact don't think I have ever!) posted 'personal' issues on here, and while I'm not after advice as such, am trying to understand an alternative point of view on what I and other finds to be an incredible situation.
I'll keep to the facts, you should get the jist of everything:
Started with employer in January 2008
May 2008, CSA granted "Attachements of Earnings Order" for £655.29pcm
June 2008, first attachment was due.
October 2008, I receive a phone call from CSA to say payments not coming from Employer, can I investigate.
October 2008, CSA confirm payment of 'approx' £1100 from employer.
June 2009, I receive another phone call from CSA to say they've only received one payment from employer, way back in October 2008.
June 2009, my employer changes company name to a different one - the way he did this was as a "Pheonix company" (you may have heard of this)
July 2009, I receive phone call from CSA asking where I work now seeing as my employer has gone into liquidation! I say it hasn't, just changed name.
August 2009, another phone call from CSA saying employer is under investigation and £5000 fine for none payment being issued.
September 2009, receive a phonecall from Criminal Investigation Officer asking me for formal interview with all payslips to confirm the deductions have been made from my wages. Same person informs me that my employer claims all cheque stubs from 'old' company have been lost and company not responsible for debts; therefore I'm still liable for June 2008 to August 2009 payments at £655.28pcm minus the £1100 received in October 2008!!!!
September 2009, CSA issue new Attachment of Earnings order for 'new' company name, sure enough money deducted from my wages.
Today...
Get another call from CSA saying they've still not received payment, despite ANOTHER fine for £5000 and correct Attachment of Earnings order to new company name. They say they've spoken to my employer who is refusing to pay and thus they are taking crimminal proceedings.
Now out of all of this, the facts are as follows:
Despite the Attachment of Earnings order being granted, this order only forces my employer to pay direct to the CSA a fixed amount of money from my wages - they are not liable for the debt - I still am, so despite nearly over £7000 paid over the duration, I'm still liable for it.
The CSA are catagorically stating that they've received NO payments other than the £1100 in October 2008.
My employer is saying without question he's sending the cheques off, it's the CSA at fault* (asterisk that!!)
The accountant confirms that on the 19th of every month, the CSA rings to confirm the amount to be deducted, the accountant makes a note, writes a cheque for the boss to sign but does NOT see that cheque again.
* - If this WAS true, it doesn't answer the single £1100 payment made on October 2008 which isn't 2x£655.28p
End of conversation today was that the Attachment of Earnings order is now being stopped and that I've to make the £655.28p payments myself over the counter at a HSBC bank.
In the meantime however, the CSA are continuing to chase the debts from June 2008 but have warned me (advised?) that if my employer pulls the "Company no longer exists, debts have gone with it" approach, that I should make a personal lawsuit against him. THAT'S gonna put me in one hell of a situation, and ultimately what will it achieve if the companys debts are wiped off!
But all that aside, can anyone offer an alternate insight into what may be happening?
Half of me thinks my boss is nicking the money, but then again for a company it's not THAT great deal of money!
If the above is true, over 10mths he'll pocket £6550 pounds, but has lost £5000 with the fine.
Why the 'odd' amount sent in October 2008, it's as if it was a token payment.
At a total loss!
I'll keep to the facts, you should get the jist of everything:
Started with employer in January 2008
May 2008, CSA granted "Attachements of Earnings Order" for £655.29pcm
June 2008, first attachment was due.
October 2008, I receive a phone call from CSA to say payments not coming from Employer, can I investigate.
October 2008, CSA confirm payment of 'approx' £1100 from employer.
June 2009, I receive another phone call from CSA to say they've only received one payment from employer, way back in October 2008.
June 2009, my employer changes company name to a different one - the way he did this was as a "Pheonix company" (you may have heard of this)
July 2009, I receive phone call from CSA asking where I work now seeing as my employer has gone into liquidation! I say it hasn't, just changed name.
August 2009, another phone call from CSA saying employer is under investigation and £5000 fine for none payment being issued.
September 2009, receive a phonecall from Criminal Investigation Officer asking me for formal interview with all payslips to confirm the deductions have been made from my wages. Same person informs me that my employer claims all cheque stubs from 'old' company have been lost and company not responsible for debts; therefore I'm still liable for June 2008 to August 2009 payments at £655.28pcm minus the £1100 received in October 2008!!!!
September 2009, CSA issue new Attachment of Earnings order for 'new' company name, sure enough money deducted from my wages.
Today...
Get another call from CSA saying they've still not received payment, despite ANOTHER fine for £5000 and correct Attachment of Earnings order to new company name. They say they've spoken to my employer who is refusing to pay and thus they are taking crimminal proceedings.
Now out of all of this, the facts are as follows:
Despite the Attachment of Earnings order being granted, this order only forces my employer to pay direct to the CSA a fixed amount of money from my wages - they are not liable for the debt - I still am, so despite nearly over £7000 paid over the duration, I'm still liable for it.
The CSA are catagorically stating that they've received NO payments other than the £1100 in October 2008.
My employer is saying without question he's sending the cheques off, it's the CSA at fault* (asterisk that!!)
The accountant confirms that on the 19th of every month, the CSA rings to confirm the amount to be deducted, the accountant makes a note, writes a cheque for the boss to sign but does NOT see that cheque again.
* - If this WAS true, it doesn't answer the single £1100 payment made on October 2008 which isn't 2x£655.28p
End of conversation today was that the Attachment of Earnings order is now being stopped and that I've to make the £655.28p payments myself over the counter at a HSBC bank.
In the meantime however, the CSA are continuing to chase the debts from June 2008 but have warned me (advised?) that if my employer pulls the "Company no longer exists, debts have gone with it" approach, that I should make a personal lawsuit against him. THAT'S gonna put me in one hell of a situation, and ultimately what will it achieve if the companys debts are wiped off!
But all that aside, can anyone offer an alternate insight into what may be happening?
Half of me thinks my boss is nicking the money, but then again for a company it's not THAT great deal of money!
If the above is true, over 10mths he'll pocket £6550 pounds, but has lost £5000 with the fine.
Why the 'odd' amount sent in October 2008, it's as if it was a token payment.
At a total loss!
)