Reply to: Pensions Regulator - auto enrollment - compliance letter

[Old Greg]

Good luck.

If it were me, I'd probably move on it quickly. You don't want to LOOK like you are stalling. In all probability, they'll just tell you to file some kind of no employees declaration and forget about it. Even now, they are just threatening a fine if you don't declare, they just want to know you are doing what you are supposed to be doing. In your case, there is nothing you are supposed to be doing and no money was ever due so you should be fine.

Should have pursued it sooner, mind. And that's the risk of waiting, you already waited. Don't look like you are intentionally dragging your feet, look like you are confused but want to do what is right!

At least write and print the letter today, if you happen to forget to post it until after the weekend, well, for all they'll know maybe it was just that Royal Mail was slow or it went to the wrong department at first, or something like that.

I see two addresses on this page. One is compliance, in Birmingham. I'd write to the general one in Darlington, that may kill a couple days, too. When does the company close?

Or act really really confused and ask if you can book a face to face meeting with them.

[WordIsBond]

Good luck.

If it were me, I'd probably move on it quickly. You don't want to LOOK like you are stalling. In all probability, they'll just tell you to file some kind of no employees declaration and forget about it. Even now, they are just threatening a fine if you don't declare, they just want to know you are doing what you are supposed to be doing. In your case, there is nothing you are supposed to be doing and no money was ever due so you should be fine.

Should have pursued it sooner, mind. And that's the risk of waiting, you already waited. Don't look like you are intentionally dragging your feet, look like you are confused but want to do what is right!

At least write and print the letter today, if you happen to forget to post it until after the weekend, well, for all they'll know maybe it was just that Royal Mail was slow or it went to the wrong department at first, or something like that.

I see two addresses on this page. One is compliance, in Birmingham. I'd write to the general one in Darlington, that may kill a couple days, too. When does the company close?

[GDL]

thanks word is bond

all the advice appreciated - will act in the next few days

[WordIsBond]

LOL. Indeed.

You could just let the company close and ride it out, and you'd probably get away with it, but then they might try to claim you were intentionally negligent and make you personally liable for any penalty.

By writing a letter you are being 'responsible.'

[Old Greg]

You may not find anybody who can tell you what they've done because there may not be anyone here who has been in the same situation of an overlap between the winding up of the company and this latest bureaucratic hassle.

If it were me, I'd write the Pensions Regulator, tell them you only had one director and one other employee making less than £5K, and the company is not trading or paying an employee any longer, and is being wound up. Ask them if you still need to make a declaration given that set of circumstances, and if so, what kind of declaration.

If you are lucky, they won't even read it and figure out how to reply until after the company is closed.

And send it second class without the postcode on the envelope.

[WordIsBond]

You may not find anybody who can tell you what they've done because there may not be anyone here who has been in the same situation of an overlap between the winding up of the company and this latest bureaucratic hassle.

If it were me, I'd write the Pensions Regulator, tell them you only had one director and one other employee making less than £5K, and the company is not trading or paying an employee any longer, and is being wound up. Ask them if you still need to make a declaration given that set of circumstances, and if so, what kind of declaration.

If you are lucky, they won't even read it and figure out how to reply until after the company is closed.

[GDL]

northernladuk

yje company had one employee (spouse) one director and 2 shareholders, i appreciate the point about a director not being an employee. The employee, earned less than 5k in any relevant 12 months - sorry i did not make things clear before

[northernladuk]

Ideally there would be some kind of qualified professional who is typically engaged to advise on such matters.

Or use that string of seemingly random numbers that is associated with the sender of the letter.

[Old Greg]

NLUK, your view is appreciated

But what have people actually done in this tough situation?

Ideally there would be some kind of qualified professional who is typically engaged to advise on such matters.

[MrButton]

Warning. Spoiler alert..

You don't have any employees...

Read the link I sent you.... Please...

NLUK, your view is appreciated

But what have people actually done in this tough situation?

[northernladuk]

Warning. Spoiler alert..

You don't have any employees...

Read the link I sent you.... Please...

[GDL]

thanks old greg - soon to be dissolved company

old Greg, were part way through the 3 months after submitting closure form - so relatively soon.

I've also read that you only have to enrol if employee earnings over 10k - don't think that was the case in the final 12 months

G

[Old Greg]

from northernladuk, follow the law, recognise you didn't comply and pay whatever needed - a little bit of a challenge with the accountant almost gone as well.

from old greg - carry out a risk assessment, consider that they may have a lot of people to chase and maybe just pay a fine

I appreciate both poinths of view, but would also welcome comment from what people have actually chosen to do and any results.

thanks again

g

But are they chasing you personally, or the legal entity that is your soon to be dissolved company?

[GDL]

thanks for the contrasting advice

from northernladuk, follow the law, recognise you didn't comply and pay whatever needed - a little bit of a challenge with the accountant almost gone as well.

from old greg - carry out a risk assessment, consider that they may have a lot of people to chase and maybe just pay a fine

I appreciate both poinths of view, but would also welcome comment from what people have actually chosen to do and any results.

thanks again

g

[Old Greg]

I'd like to ask for some advice

My ltd company contracted from mid 16 through a less sucessful period from May 17 through to closure in early 2018.

I'm currently on a FTC to Mar 19 and if I return to proper contracting, it would probably be via an umbrella for 'less hassle'.

I read some of the forum posts about auto enrollment at the time and I thought the consensus was to ignore it. I had planned to arrange some pension provision, but things turned down before I got that sorted.

Now, the ltd company is closed (or has a couple of weeks to go) and I have a pensions regulator compliance letter warning me I have missed a 31 may 18 deadline and to get my declaration in or get fined.

Please may I ask for your advice

There are no unhappy enployees and no money to pay any pensions contributions to schemes that have not been started.

G

What is the risk if you ignore it and complete company closure?