Reply to: Taking assets from a company in administration - advice needed please!

[ASB]

https://www.gov.uk/your-rights-if-yo...ey-owed-to-you

[chris79]

The OP mentioned SC clearance... If he has been working in an SC environment he would be a complete moron to post it back. I would be straight round to hand it in in person and get someone to sign for it just to avoid any risk of it going missing with SC cleared data on it IMO... That type of stuff appears in the papers.

Exactly.

I emailed them today to say they are welcome to arrange secure collection from my premises.

If I post it, then the responsibility with it lies until they accept and sign for it. If they arrange the courier, then it's not my problem from the minute it leaves my door...

As it happens there's nothing which warrants SC level on the laptop itself and the drive is encrypted, but the principle still stands.

[Andy Hallett]

How has this made 3 pages?

When companies goes bust, it sucks. Creditors effectively go through the grieving process. Get to 'acceptance' quickly and move on.

[northernladuk]

I also do agree with the OP in saying "no, if you want the laptop back, you come and collect it or pay for the postage", I do think it's a bit cheeky to expect him to pay for its return. That's just me.

The OP mentioned SC clearance... If he has been working in an SC environment he would be a complete moron to post it back. I would be straight round to hand it in in person and get someone to sign for it just to avoid any risk of it going missing with SC cleared data on it IMO... That type of stuff appears in the papers.

[VectraMan]

I think people are being a bit harsh on the OP here. Certainly, the laptop isn't his, and he does need to return it (which he's said he's doing), but I can certainly understand the sentiment of holding onto it in lieu of wages that were owed but not paid.

It's one thing if you're already in possession of somebody else's property, but...

When I left the building I took my works laptop with me

I.e. after being told of the situation, he then had a look around to see what he could nick. And now he's complaining about having to pay to return it of all things.

[malvolio]

I think people are being a bit harsh on the OP here. Certainly, the laptop isn't his, and he does need to return it (which he's said he's doing), but I can certainly understand the sentiment of holding onto it in lieu of wages that were owed but not paid.

I also do agree with the OP in saying "no, if you want the laptop back, you come and collect it or pay for the postage", I do think it's a bit cheeky to expect him to pay for its return. That's just me.

Anyway, he has my sympathy for that situation, and I certainly can see where he's coming from. I do agree with all the advice saying that he should return it, but I also can completely understand why he wanted to hold onto it.

Understanding and sympathising with his position (which I do, obviously) doesn't make his intial reactions right. A quick reality check was needed, which he seems to have taken on board.

[GillsMan]

I think people are being a bit harsh on the OP here. Certainly, the laptop isn't his, and he does need to return it (which he's said he's doing), but I can certainly understand the sentiment of holding onto it in lieu of wages that were owed but not paid.

I also do agree with the OP in saying "no, if you want the laptop back, you come and collect it or pay for the postage", I do think it's a bit cheeky to expect him to pay for its return. That's just me.

Anyway, he has my sympathy for that situation, and I certainly can see where he's coming from. I do agree with all the advice saying that he should return it, but I also can completely understand why he wanted to hold onto it.

[malvolio]

Waiting until the 28th day of the month to decide the company cannot function and stringing everyone along in my book is theft.. they stole my life for those 28 days - I don't get up every day and spend money getting there to sit at a desk for 8 hours for the fun of it. The law may not class it as theft, but I do...

Anyway got a new job etc.. and yeah I got a capped payment of £430 per week for monies owed back from the Government NI fund..

I've never stole anything in my life and don't intend to do so, it's just a pity it belongs to a hire company because if it had been the company in administration they would really have to take me to court if they wanted it back.

Also I love the way the administrators have set a 7 day deadline for me to return it at my expense to some random address - they will be getting a letter back stating they have 7 days to collect it from my property at a mutually agreed time before I start charging storage costs or dispose of it. The f**kers.

And you have active SC clearance. Dear God... Can I come and live in your world. It sounds nice.

[chris79]

And I disagree with your disagreement. You will get paid first if there is any money left once the secured creditors have been paid. If there's no money left, you won't. Harsh but true. Thinking you've been robbed is pointless, get on with finding the next job, then worry about back pay.

Waiting until the 28th day of the month to decide the company cannot function and stringing everyone along in my book is theft.. they stole my life for those 28 days - I don't get up every day and spend money getting there to sit at a desk for 8 hours for the fun of it. The law may not class it as theft, but I do...

Anyway got a new job etc.. and yeah I got a capped payment of £430 per week for monies owed back from the Government NI fund..

I've never stole anything in my life and don't intend to do so, it's just a pity it belongs to a hire company because if it had been the company in administration they would really have to take me to court if they wanted it back.

Also I love the way the administrators have set a 7 day deadline for me to return it at my expense to some random address - they will be getting a letter back stating they have 7 days to collect it from my property at a mutually agreed time before I start charging storage costs or dispose of it. The f**kers.

[malvolio]

I disagree, they owed me almost a months worth of wages before they called in the Administrators - the risks I take in a perm job are different to those I take under a Ltd Co, I did have a signed contract of employment.. and I do know the difference I've spent half my career on both sides of the fences.

I'm listed as an unsecured creditor to the company - they do owe me money.. whether I will ever see that money is a different matter.

And I disagree with your disagreement. You will get paid first if there is any money left once the secured creditors have been paid. If there's no money left, you won't. Harsh but true. Thinking you've been robbed is pointless, get on with finding the next job, then worry about back pay.

[SussexSeagull]

Were you due any redundancy? If so have you put a claim in with the National Insurance Fund?

[VectraMan]

I disagree, they owed me almost a months worth of wages before they called in the Administrators - the risks I take in a perm job are different to those I take under a Ltd Co, I did have a signed contract of employment.. and I do know the difference

Yet you think a company that's gone into administration is stealing from you. In reality, they're just following the law. They have no choice. If you're paid monthly, then it doesn't matter whether you're a permie or a contractor, you're always at risk of losing up to a month's money if the client goes titsup. If you don't like it, ask to be paid in advance.

[chris79]

Welcome to our world. Work dries up, you go home, nobody owes you any money. It's called reality.

Also, the administrators are operating the company now - the clue is in the name - and the ownership of its assets hasn't changed.

I disagree, they owed me almost a months worth of wages before they called in the Administrators - the risks I take in a perm job are different to those I take under a Ltd Co, I did have a signed contract of employment.. and I do know the difference I've spent half my career on both sides of the fences.

I'm listed as an unsecured creditor to the company - they do owe me money.. whether I will ever see that money is a different matter.

[malvolio]

No it was a perm job.

Welcome to our world. Work dries up, you go home, nobody owes you any money. It's called reality.

Also, the administrators are operating the company now - the clue is in the name - and the ownership of its assets hasn't changed.

[Moscow Mule]

Just tell them you haven't got it and flog it down the pub. What could possibly go wrong?