Sacked - Employee Loan to Repay.... BUT...

[wales01man]

Re: Sacked - Employee Loan to Repay.... BUT...

How much is the alleged debt ? Do you own your own house or have assets that if they made you bankrupt they would be paying for it if you had nothing of value.
could just be a scare tactic to get you to pay

[Openlaw15]

Re: Sacked - Employee Loan to Repay.... BUT...

OK sounds good.

If I need to go find a solicitor I will, though any more advice on here is welcome.

Re the dates - it surely must be from receipt/delivery - otherwise the countdown to deadline could be massively abused..

Update:

Liability should be aimed at the Director who loaned you the money ultra vires (ie abuse of powers). Look at the Company's constitution under 'About Us' or 'Government structure' depending how big the company is, where the company has a website for example. Then look for 'Articles of Association,' a company document which also list Director powers and Partner liabilities. You are seemingly just an innocent third party who benefitted from a contractual loan. The company are not contractors to the loan directly but if expressly mentioned in the contract terms ie 'this company' or 'this person from the company' they may have third party rights to the contract, which if true will have all the rights, benefits and detriments to the contract. It does not mean the contract is void, it however may mean you can pursue the company for damages if they demand the money from you now and not as per the contractual terms. As specific performance is the likely remedy, you could get a court order for specific performance (ie force the contract to be performed) and in the alternative seek damages. The company have claims against the director for damages more likely that not. They merely have contractual rights against you if they satisfy the third party criteria pursuant to the 1999 Third Party Contract Act (paraphrasing). They cannot come after you for damages that am aware, can only enforce the contract and not argue it void (as it's not illegal, in my view).

How was the loan unlawful. Unlawful could, or is more likely to, mean against the company's articles of association, so it would be unlawful in the civil sense, ie against the company's policy for the company directors. Alternatively, I cannot see you participating in a criminal transaction be that a loan or anything else except from stolen money that the director misappropriated from the company and then illegally contracted with you for a loan of x amount and y interest. You and the director would then be criminally liable and dealt with as a criminal law matter.

[NWHC]

Re: Sacked - Employee Loan to Repay.... BUT...

The person who used to get SD's overturned at no cost to the client was [MENTION=2]Celestine[/MENTION]

TBH unless you say how much the alleged debt is it will be difficult to offer advice

You MUST tackle this and get the SD set aside otherwise I am sure they will follow through with the BR petition especially if you have your own home or other sizeable assets. If you do it will not just be the amount you owe that is taken but other sizeable costs

If you have no assets , thats theie problem

[qazmko]

Re: Sacked - Employee Loan to Repay.... BUT...

Coming back to this after quite a while..

Thanks to the referrals on here I got the ar$eh*les to withdraw. The solicitor also took it on a no-win-no-fee basis and cost them a few quid for their efforts!

Very strangely however yesterday; the monthly payment I sent was bounced back - it looks like their bank account has closed! I think they have closed down.

I'm going to try contact them to double check - or do you think this would be best asked from the solicitor who dealt the the claim..?

[Amethyst]

Re: Sacked - Employee Loan to Repay.... BUT...

I think you'd be best off dealing with the solicitor, at least to begin with.

Good to hear you got that sorted. Are you still repaying the loan at the terms you originally agreed ?

[qazmko]

Re: Sacked - Employee Loan to Repay.... BUT...

Yes I've been paying as per original agreement.

Depending on responses from them (if any) I think I will pay the monthly amount into a separate savings account to keep it aside just in case something comes up..

Me and solicitor were looking at a claim at them for unpaid PILON, holiday pay etc - I guess if they have closed down then that idea goes out the window...?

[Amethyst]

Re: Sacked - Employee Loan to Repay.... BUT...

If there's no one left to claim from then yes. Have you checked on companies house ? (might take a while to show up there if they have gone under though - https://beta.companieshouse.gov.uk/ )

Good idea to keep the money to one side in case it is just an error - also if they have gone into liquidation then your debt may be recalled by the administrators.

[qazmko]

Re: Sacked - Employee Loan to Repay.... BUT...

If there's no one left to claim from then yes. Have you checked on companies house ? (might take a while to show up there if they have gone under though - https://beta.companieshouse.gov.uk/ )

Thanks for that - I had already been looking as it happens! I set up a 'company watch' on them and the other few they work with/as on companycheck.co.uk.. I have heard from a friend that their other company (who worked very, very closely with the one I was employed with) have 'gone'.. I suspect they've shut it down to cover up their ridiculous inter-company fiddling!

Good idea to keep the money to one side in case it is just an error - also if they have gone into liquidation then your debt may be recalled by the administrators.

What happens in this instance?

[qazmko]

Re: Sacked - Employee Loan to Repay.... BUT...

I've just come back from a short break and had an email from them.

Says that some 'unforeseen bla bla with bank means account closed bla bla. Please pay to: Acc xxxxxx SC xxxxx'

I searched the sort code and see it is for APS Financial Ltd - anyone heard of them as a 'bank'..? I'm not quite sure what to make of it from the website as to why they might use that..

I'd like to ask them for proof that that account actually belongs to the company. Am I in my rights to do so?

[wales01man]

Re: Sacked - Employee Loan to Repay.... BUT...

I may be wrong but if you pay money to APS it goes to someone or a company you will not know who this is

[qazmko]

Re: Sacked - Employee Loan to Repay.... BUT...

This is why I thought about asking.

They could simply send me any account details on an email and it could be going 'anywhere' so to speak, though when I searched the sort code and saw this I thought it even more suspect.

Based on what I know of their actions elsewhere in being as bold as to sell assets and the company not seeing anything of it, I wouldn't trust them as far as I could kick them!

[qazmko]

Re: Sacked - Employee Loan to Repay.... BUT...

I may be wrong but if you pay money to APS it goes to someone or a company you will not know who this is

Anyone else have thoughts on this?

I think it seems dodgy as hell really.. I feel a little reluctant to pay into that account

[Amethyst]

Re: Sacked - Employee Loan to Repay.... BUT...

http://www.apsfinancial.co.uk/


Seems a bit odd for a bona fide business to have gone to APS really. Who did the request to pay to that account come from ?

Did you find out what had happened to the company via companies house? It could be they have shut down the co and put the directors loan as a debtor and are trying to get it from you without the liquidators (if any) knoweldge- so there is the risk the liquidators might also try and get it from you.

Check on companies house beta NOT company check.

[qazmko]

Re: Sacked - Employee Loan to Repay.... BUT...

I thought, and still do, think the whole thing is a bit of a fiddle somehow.

The request came from one of the directors..

I have been watching on the Companies House beta service, Webcheck, Gazette etc but see nothing hat says they have closed... (yet?)

[qazmko]

Re: Sacked - Employee Loan to Repay.... BUT...

Any more thoughts anyone?

I don't want to get in a position where they can say I have missed a payment..