Official Receiver advice.

[ethan]

I'm an innocent party in all of this but I have received a letter from am Official Receiver asking if I can confirm receipt of a couple of grand from an ex employer/relative who claimed they gave me the money as a gift nearly three and a half years ago.

The employer liquidated their company owing me about eight grand I never received in upaid wages and holiday entitlement.

What's really strange about this is the employer is using a surname I don't recognise on the bankruptcy order and the receiver is asking me to corroberate the debtors claim.

I'm under the impression the receiver or one of the creditors is trying to offload some of their responsibility for the debt to me.

Would anybody know what is going on with these things when a Receiver is asking me to confirm something I know nothing about?

 

[ethan]

I think this it's a case of one of the (or both) directors trying to stitch me up to avoid paying their creditors.

Looking over the liquidation report it seems the liquidator mentioned the directors transferring huge amounts of monies from holding accounts to their own for which they werent entitled.

I think they were fined for paying below the minimum wage and there were also HMRC issues. I once overheard a conversation from the director to their accountent negotiatating a strategy to prevent HMRC baliffs from turning up.

It was a sickening and distressing place to work for- having being closed down by the Government.

They should have gone to prison.

It's a complete nonsense for the director to suggest I was given money because it's not true. What is worrying me is how I can prove it? Looking at the letter from the Receiver I would have thought it would have been prudent to have gathered the evidence for the claim from the director - and in the circumstances not taken their word for it?

I actually rang the Receiver's office yesterday stating I didn't know anybody with the surname they've given and they appeared somewhat confused by the letter with a view to them ringing back.

 

[ethan]

Who is the Official Receiver dealing with here? Is this a Bankruptcy or a Compulsory Liquidation? You mention a liquidated company, then you mention a surname you dont recognise relating to a bankruptcy!? The title of the proceedings (somebody in bankruptcy etc.. followed by a Court Number) should be at the head of the letter, right below the 'dear sir' bit.

The letter stated the bankruptcy occurred a couple of months ago. I'm assuming it's to do with my previous employer who liquidated their company 3.5 years ago and were ordered to cease trading by the Government.
I don't recognise the name on the receivers letter.But in the scheme of things the director could have been using aa previous name or have remarried.

 

[ethan]

I would be very nervous about terms such as "gifted", especially if there's a list of creditors that these guys owe. My guess is they are trying to explain why sums of money aren't where they should be and why there's no HMRC / NI payment record for outgoing money.

If it's a ltd company the directors are required to act in the best interests of the company and the gifting of money or assets in light of a list of creditors may well expose you to being pursued for it.

Are you listed as a creditor?

No. I wasn't aware due to my ignorance of the law with regard to such matters.

Saying that, It ought to be relatively easy to show I wasn't paid - unlike the rest of the workforce who were Tuped over to a different company. Their wages were protected by the the local authority who paid the other company who took them direct to make sure they weren't innconvenieced when they transferred. The local authority were aware of the kinds of people they were dealing with.

I was to ill to transfer. I have a permanent and untreatable neurological condition that makes life difficult .

The director was aware of this and saw it as an opportunity to take advantage and get away without paying.

It looks like they are trying to stitch me up again claiming money was given to me (when it wasn't) to avoid having to pay their creditors.


There was another person who wasn't paid either out of 83.

 

[ethan]

I think you're right.

 

[ethan]

My worry is the OP has received money. They took a salary. My guess is the auditors (et al) are following bank payments. There is possible incomplete information on the employers side.

If the employer didn’t document it clearly, I’d be concerned they didn’t pay the employers share of NI,. Etc. A possible explanation is they are claiming payments were a gift to avoid additional liabilities; paying the NI

I didn't receive the money. I was forced onto the sick at the time for six months because I was told they could no longer afford to pay me.

Chances are they have perused the bank account and found a withdrawal for which the director was unable to explain and has decided to say was given it to me to avoid having to pay the said amount to a creditor.

I'm a relative so there wouldn't be a need to explain anything like tax and national insurance. Which is basically what you are referring to.

The OR says the director claims the said amount of money was given to me. Not that they have definitive proof.

I haven't entertained the idea that this is only loosely related to the business insofar it could be related to a personal loan on the part of the said individual using the money to shore up their business.

This might explain why I didn't recognise the surname being used by the debtor. The surname could likely be a maiden name. Both directors at the time were trying to get loans to pay their workforce from anybody.

 

[ethan]

If you've NOT received any money/gifts from them then why would you have to prove it? I mean why not just tell them you've not received any gifts from this director? Ask them for some clarity/details re: what they're referring to, when was this supposed gift transferred?

Ultimately not your problem! I'm not sure why people are suggesting you speak to a lawyer regarding this, that could start costing you hundreds of pounds all because of something that has nothing to do with you/doesn't affect you.

The lost wages are another matter, were you compensated for them or is that still ongoing? Were you paid via PAYE? You have payslips with tax and NI etc.. accounting for all your wage payments up until the ones you're owed because of the insolvency.

(1) I was wondering whether this was simply going to boil down to one word against the other. The director was claiming I received the money in 2018. I remember it clearly because this was the time I was told I would have to go because it was claimed the business couldn't afford to keep me despite it being a requirement to keep me (to continue to operate).

(2) You're right about the lawyer

(3) Yeah I have the payslips to prove what and when I was paid up to etc.