The point that the car may not be insured is good advice so don't drive it.
If you are owed outstanding salary and expences you are creditor so register yourself as such with the administrators, put this in writing with evidence, reciepts, anything to prove that expences incurred, fuel etc used was for the company's business then get along to the first creditors meeting if at all possible.
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As the company is in effect to blame for the situation, you are under no obligation to do anything that will entail any inconvenience or expense to you.
In effect this means you tell them where all the property is, and they can come and get it. You are however responsible for the safe keeping of the property.
------------------------------
TourVanMan TM < Ex RF >
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>>As the company is in effect to blame for the situation, you are under no obligation to do anything that will entail any inconvenience or expense to you.
That would be my feeling but worth checking on the situation.
>>In effect this means you tell them where all the property is, and they can come and get it.You are however responsible for the safe keeping of the property.
>>
With regard to the car. Is it owned by the Co. or leased? Is it still insured? Is it still on the road?
The administrators should pay for any expenses you incur in helping them.
You need answers and as previously mentioned and everything IN WRITTING ASAP.
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Thank you all for the advice and making me smile, and chortle too.
Would assume the car is leased, but am not entirely certain.
Jobcentre sorted, thanks.
Profile updated, thanks for the reminder.
Phone neatly packed away with the laptop, and in a safe place.
Motor parked outside the house as always, as safe as any motor could be around here.
Administrator rang me on the company phone today and left a message regarding when I would be returning the property, asked me to call her back on her mobile, unfortunately can no longer call out on company phone so deleted message, as I still havent had anything (and I mean anything at all) in writing I shall wait for my official letter. Then politely write back offering to return the bits if they gaurantee my expenses and any outstanding monies.
Once again thanks for all the suggestions, I will sleep sounder tonight, and please keep anything else you think of coming, serious or not.
Cheers
CBG
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Drink Lager, Talk Piffle !
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v sorry to hear about los of the job, corblimey -- just before christmas is not a great time for that sort of news. Hope you still manange to have a good celebration.
Just one point, though:
Administrator rang me on the company phone today and left a message regarding when I would be returning the property, asked me to call her back on her mobile, unfortunately can no longer call out on company phone so deleted message, as I still havent had anything (and I mean anything at all) in writing
I'm not sure that's wise -- I think it might better to call back on your landline, and ask her to phone you and pay for the call.
I shall wait for my official letter. Then politely write back offering to return the bits if they gaurantee my expenses and any outstanding monies.
You may want to take legal advice on that point, but I'm not sure that it's a good idea to make return of the bits conditional on payment of your expenses. Ten minutes with a solicitor or CAB or union rep would be well worthwhile. Maybe madf (who suggested this) knows the law here for certain, but if it was me I'd want to check.
I don't know where your expenses stand in the prioritisation of creditors: I'd hope they'd be near the top, but they might not be :(
Even if they are a priority debt, I dunno when they'd pay out ... and I'd be afraid that if you delayed the return of the car, phone, laptop etc, you might be in trouble for costing the creditors money. If you can legally get away with saying "collect when you pay up", it sounds like a good idea, but do check first whether you are allowed to do.
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Would assume the car is leased, but am not entirely certain.
It might have the lease co on the number plate.Motor parked outside the house as always, as safe as any motor could be around here. Supplying garage might know.
On or off the road? In case it is no longer insured.
My guess is it is probably still insured. But you cannot risk guessing on this one.
Are you still insured to drive it? Perhaps the insurance is restricted to EMPLOYEES / and family, so what is your current status?.
>>Phone neatly packed away with the laptop, and in a safe place.
Including all cables, accessories, security tokens and chargers etc?
Were any left in the office so you cannot personally return them? Have you in the past signed for any of the kit so there is a check list?
Do extract your entitled to data ASAP in case a courier turns up to collect PC.
Check that any password protected items can be unlocked.
Return PC with locked items and disclose the password when it is back with the administrator?
Any ISP from home paid for by the Co?
I do not know your businees etc so the following may apply.
Obviously a change of business email address. Do you need to advise previous contacts of a replacement email address and or phone number.
Anyone you should contact who might try phoning your business no?
Once again thanks for all the suggestions, I will sleep sounder tonight, and please keep anything else you think of coming, serious or not.
Your sense of humour is still employed. That too is important.
Do we expect a new posting "I need advice on a car now"?
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Been there, done this before.
Call the administrator confirming the company property that you have and are keeping safe. Ask her to confirm if you are still employed by the company (you are not automatically sacked when a company goes into administration, as I have known of companies trade in administration for many months, with some employees). If you are still employed then you are reasonably obliged to obey her requests, and she is obliged to pay your expenses of getting to/from the office to return property etc.
Clearly if you are sacked then it is her responsiblity to collect property, but you must keep it safely. Even if you are sacked you could agree a price for you to return the vehicle - for her to pay you in cash on arrival.
Best of luck
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If you don't recover your expenses, you should be able to claim them as a business deduction on your tax return next April.
Also, if the business is in administration as opposed to receivership, it is probably still trading and your employment status is unaffected.
Best wishes
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Do everything you can in writing and keep copies of them all. If they phone you write down who you spoke to, date and time of conversation and details of what was said in a diary. Hopefully you will not need all those records but if you do you will be very glad of them.
Sorry to hear of this happening to you especially at this time of year. Hope all goes well and you are soon back in paid employment.
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Duchess hit the key point but its worth repeating.
Is the company in administration or liquidation? Very important to find out.
Administration is just the creditors taking control from the shareholders. Companies can and do go in to administration and out again, unusual but it happens. If in administration you need to define your status with the administrators pronto. You are still employed. Do they want you to do work for them? Will they continue to pay your wages?
Liquidation its gone. Your expenses make you an unsecured creditor. Lodge your claim but basically your screwed. You can not hold the company assets in lieu of payment but you have absolutely no obligation to return them. Agree a fee (in cash) for returning them or tell them they are ready for collection. If anyone tries to tell you you have a liability to return them demand this in writing stating the legal basis of the obligation, basically they are telling you lies and you are calling them on it.
Conform any verbal discussions with the liquidator in writing.
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Hello again you wonderful people.
Definitely in administration and have been telephoned by the administrators on day company went into administration to say I (and 1400 others) was redundant with immediate affect.
Will wait for them to contact me again (as I dont have any writtem comunication from them so have no number to ring) and will communicate with them in a pleasant and helpful manner, but of course using the excellent advice of the BR members.
Thanks again and keep the info coming if you think of anything else.
Cheers
CBG
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OK well you don't work for them any more so they can't tell you what to do. If they want the company assets they have to come and get them or pay you to deliver them if you wish to do so.
Remember you are still due any unpaid wages, accrued holiday pay and payment in lieu of notice plus statutory redundancy because they made you redundant. Lodge your claim with the administrators.
If they are declared insolvent and liquidated the unpaid wages, accrued holiday pay and payment in lieu of notice are preferred creditor amounts so you get paid if any money is left at all (unlikely). If they can't pay up you can claim this money off the government (DTI).
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corblimeygunvnar,
I'm afraid I have nothing to bring to this thread other than my best wishes.
I hope it all works out for you whatever happens.
Adam.
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Well now.. in administration.
First thing to do is find name and address of comapny handling the administration and who is the person in charge.
Compile a complete list of all you are owed: salary, expenses together with all receipts. Ensure it is typed , correct cross checked and adds up (sorry but..).
Then send it by Recorded Delivery : BUT ensure before you do:
1. Copy everything
2. Only send copies of any original invoices.. they may lose the originals...
Note the company property you have in your possession and state the condition it is in (if the car you should wish to photo it)
Ask them what THEY want to do with it.
Tell them you have secured the car offroad and are not driving it: ready for collection anytime agreed with you in advance.
If you have any company credit cards you are personally liable for any outstanding amounts if Amex.. and they will come after you personally for the money. If they do, contact me via the mods ...
Why am I so paranoid? Cos I have seen people collect cars and damage them and the lease company try to recover damages from the driver.
I have had personal experience of both sides both as part of a team of administrators and in administration and i know how painful it can be.
Your job is to make the administrators feel kindly disposed to you by your helpfulness whilst ensuring your rights and claims are not neglected.
Administartors are far more likely to look kindly on dsomone who is helpful than one who is not. There is always scope for some rule bending.
An uncooperative attitude: not returning calls for example or rudeness just ensures they will traet you like 1400 other unfortunates. You have some cards: company property. If you are firm but fair and polite they may help you. If not, well you are no worse off.
Of course if the area where the car is parked is prone to vandalism you should warn them in writing in your letter..
I hope it goes well...
madf
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Thanks, and this is most helpful.
I did contact my ex-head office today in search of the 'administrators' but unfortunately it would appear that only the few remaining employed staff were in, administrators probably off on Christmas hols early (cant blame em really).
Anyway, I could get no further info from the people I spoke to, I will try again next week and, as I was today, be most polite.
To be honest I have no bad feeling to the administration team (yet!), so will play it cool, I do wish they would hurry up and send me some written confirmation though.
Anyway, I had better add some motoring content before I get a well deserved ticking off from the mods, anyone know how to get 12000 miles worth of salty filth off a car without putting in any effort whatsoever(I was hoping it was going to get cleaned at the next service but that aint going to happen now is it?!) , and whats the best way to persuade 'er indoors to hoover the motor too? :-).
Cheers all for the help, and the kind words, cheered me up no end and even made the misses smile (slightly).
Toodle Pip
CBG
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Drink Lager, Talk Piffle !
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Eh - Why?
When I was made redundant a few years ago my car went back to them in the exact state it was in when they let me go - I would not be spending my time cleaning a vehicle I would not be getting any further use from!
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>>Tell them you have secured the car offroad and are not driving it:
Is this the case? Is it OFFroad?
>>Of course if the area where the car is parked is prone to vandalism you should warn them in writing in your letter.
I suspect nowt will happen this side of the new year so it will be in your care til then all through the festive season. If you live in an urban area, the risks of damage if left in the road will probably be higher.
>>I could get no further info from the people I spoke to,
So the question, "Is it still insured?" remains unanswered.
A need for extra caution if it needs moving!
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Vehicle is now 'offroad' but not exactly secure, as secure as I can get it so will have to do, suppose I'll just have to hope that no little swine takes a fancy to it over the 'Festive' period.
Letter arrived this morning with instructions regarding contact for their property, will write to the contact as detailed above assuring property is as safe as I can possible make it.
Thanks for the help.
A Very Merry Christmas to you all.
CBG
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Vehicle is now 'offroad' but not exactly secure, as secure as I can get it so will have to do, suppose I'll just have to hope that no little swine takes a fancy to it over the 'Festive' period.
Don't worry about it,you have taken reasonable steps to ensure security,if something does happen to it it isn't your car,it isn't your problem.Relax and enjoy tomorrow.
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Vehicle is now 'offroad' but not exactly secure, as secure as I can get it so will have to do, suppose I'll just have to hope that no little swine takes a fancy to it over the 'Festive' period. Letter arrived this morning with instructions regarding contact for their property, will write to the contact as detailed above assuring property is as safe as I can possible make it. Thanks for the help. A Very Merry Christmas to you all. CBG
Good plan - deapite what some folk in pubs might tell you, anyone who messes around with property under their control which belongs to a company in administration, in order to exact retribution, will tend to find that their claim to arrears of wages, pay in lieu of notice etc etc is offset by a counterclaim against them by the administrators (or in the case of leased cars, the leasing company whic owns the vehicle) to put right the damage. I have heard (although have not been able to verify) that some of the people who worked for Accident Group (or whatever their name was) found this out the hard way.
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