UK Bankruptcy Law
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Thank you for coming back to me so quickly.
I did mean 2012 - please excuse the typo.
I made a claim to the NI fund and received a small payment in January of this year.
I was employed in the UK by a UK company and I commuted to and fro from here in France.
As a primary creditor, being an employee, I know they have sufficient funds available from the debtors ledger (I was the Sales Director (by title only) so I had access to this information before the company was put into voluntary liquidation.
The letter I received provided no detail as to why they are only going to pay me 1 week and that figure was subject to the deduction of the NI fund monies I was paid in January.
The reason for wanting some advice is that all does not appear to be "open book" with the bankruptcy firm (Duff & Phelps of Manchester) and my main concern is that due to my lateness in contacting them on Monday next week, they will state that they have arranged the disbursements and I am too late to do anything about it because the 21 days from the date of their letter has more than expired, through no fault of my own.
Therefore, due to my last statement, in your opinion what reasonable grounds do I have to go back and contest the offer of payment please?
I feel much more confident in approaching them on Monday morning to contest the matter.
Should I not get to where I need to be following further dialogue with this organisation, as the service they have provided todate has been very poor, could I engage you/ your organisation directly for further legal support?
Of course, I understand.
Thank you very much indeed and I shall be back in touch via this site should the scenario not resolve itself.
Thank you again for your help on Saturday and I have now just spoken to the insolvency practioners, so please accept my apologies in advance for having to come back to you, but as anticipated, the information I have just been given is contrary to the advice you have provided.
I would therefore like to ask for further advice please and will happily provide a "bonus" via this website for your additional time of course.
I have just been told that the Gross Arrears Of Pay element of £800 (as per the letter I received on Friday) will be paid soon and that this is the statutory limit that they have to pay as a primary creditor. This is subject to deductions of tax, NI and a small payment by the RPS I received in February. The remaining proportion of monies that are outstanding for the period of non-paid work (company went into liquidation one day before payday) and any pay in lieu will be calculated from the non-preferential pool of creditors (including suppliers etc) and disbursed early in 2014 once the debtors ledger has been completely cleared down.
I have asked for a copy of the creditors and debtors ledger which she will forward by email within the next day or so. However, she did make the point that this request is outside of their legislatory commitments but will do so on this occasion.
Is this all correct please?
To be clear in my response to them then;
- They should not be deducting tax, NI or the Redundancy Pay Service amount from the £800 they want to pay me as a preferential creditor?
In understand. Regarding your statement about tax etc being deducted before the £800 cap (what I receive net), can you please advise where I can find some "proof" to substantiate this because what you are proposing differs from what I would refer to as their standard practice, this being their line of business?
If I cannot substantiate this then I have no where to go with it should they state I am incorrect.
I hope you understand and that I am not being difficult, but this will be a curve ball as far as they are concerned.
Thank you very much.
I understand the content as provided and I will be challenging them tomorrow.
I have added a 10 euro bonus which I hope is sufficient for your additional time.
Regards and thank you again.
Funds already paid, no problem. I appreciate your help! The redundancy payments service turned me down, hence received some monies from the NI fund.
Once I have a definitive response tomorrow, assuming it does not get referred up the ladder, I will let you know the outcome and confirm the numbers.
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