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| schestowitz[TR2] | >> Adding to Techtights and TuxMachines. | Apr 18 03:01 |
|---|---|---|
| schestowitz[TR2] | > There is more to come too | Apr 18 03:01 |
| schestowitz[TR2] | I've noticed. | Apr 18 03:01 |
| schestowitz[TR2] | >>>> http://techrights.org/wiki/Crimes_of_Sirius_Open_Source | Apr 18 03:01 |
| schestowitz[TR2] | >>> Did Standard Life ever send you a statement showing the purported | Apr 18 03:01 |
| schestowitz[TR2] | >>> balance of the account or even a statement showing a nil balance? | Apr 18 03:01 |
| schestowitz[TR2] | >> No, but all of us assumed it was just being silent. All of us. | Apr 18 03:01 |
| schestowitz[TR2] | > https://www.thepensionsregulator.gov.uk/en/contact-us/scheme-members-who-to-contact/report-concerns-about-your-workplace-pension/report-missing-payments-to-your-workplace-pension | Apr 18 03:01 |
| schestowitz[TR2] | > | Apr 18 03:01 |
| schestowitz[TR2] | > | Apr 18 03:01 |
| schestowitz[TR2] | > Do you have legal advice on the topic? | Apr 18 03:01 |
| schestowitz[TR2] | We went to a lawyer last year. We agreed it's not worth suing due to speed and a lack of funds in the company. There would hardly be anything left after 12 months. | Apr 18 03:01 |
| schestowitz[TR2] | > These appear to be the two pertinent questions: | Apr 18 03:01 |
| schestowitz[TR2] | > | Apr 18 03:01 |
| schestowitz[TR2] | > Does the employer owe a debt to you or they owe the money to the pension | Apr 18 03:01 |
| schestowitz[TR2] | > scheme? This is an important technicality. For example, can they | Apr 18 03:01 |
| schestowitz[TR2] | > simply discharge their responsibility by giving you a lump sum directly | Apr 18 03:01 |
| schestowitz[TR2] | > and you can put it in any pension you want. | Apr 18 03:01 |
| schestowitz[TR2] | That's a good point. I am still investigating this. The company is not cooperative, so we use another route. | Apr 18 03:01 |
| schestowitz[TR2] | > It looks like the pension scheme failed to alert you and failed to alert | Apr 18 03:01 |
| schestowitz[TR2] | > the regulator. If the employer becomes insolvent, will the incompetence | Apr 18 03:01 |
| schestowitz[TR2] | > at Standard Life make them liable to cover the loss? | Apr 18 03:01 |
| schestowitz[TR2] | They try to claim not to know us. | Apr 18 03:01 |
| schestowitz[TR2] | > Tactically, if you make it harder for them to trade, for example, by | Apr 18 03:01 |
| schestowitz[TR2] | > scaring away other staff and clients, then you also run the risk that | Apr 18 03:01 |
| schestowitz[TR2] | > they go insolvent and they never pay. | Apr 18 03:01 |
| schestowitz[TR2] | That seems to be happening regardless. | Apr 18 03:01 |
| schestowitz[TR2] | > In the UK it seems to be very easy for directors of very small companies | Apr 18 03:01 |
| schestowitz[TR2] | > to drain the bank account and then close the company and open a new | Apr 18 03:01 |
| schestowitz[TR2] | > company the next day with a very similar name. If the debt is very | Apr 18 03:01 |
| schestowitz[TR2] | > large then they may try something like that. It is very important for | Apr 18 03:01 |
| schestowitz[TR2] | > you or Standard Life to file a legal claim/before/ the director begins | Apr 18 03:01 |
| schestowitz[TR2] | > winding up. | Apr 18 03:01 |
| schestowitz[TR2] | Yes, my dad mentioned this too. | Apr 18 03:01 |
| schestowitz[TR2] | > Before you have a claim against them, they can spend down the bank | Apr 18 03:01 |
| schestowitz[TR2] | > account without consequences. | Apr 18 03:01 |
| schestowitz[TR2] | > | Apr 18 03:01 |
| schestowitz[TR2] | > After the legal claim is registered, if they prioritize payments to | Apr 18 03:01 |
| schestowitz[TR2] | > other expenses or themselves and put you last then they can face | Apr 18 03:01 |
| schestowitz[TR2] | > criminal consequences. | Apr 18 03:01 |
| schestowitz[TR2] | Can face these regardless. | Apr 18 03:01 |
| schestowitz[TR2] | > If you think they have money in the bank to pay the pension then you | Apr 18 03:01 |
| schestowitz[TR2] | > could force them into liquidation: | Apr 18 03:01 |
| schestowitz[TR2] | > | Apr 18 03:01 |
| schestowitz[TR2] | > https://www.gov.uk/wind-up-a-company-that-owes-you-money | Apr 18 03:01 |
| schestowitz[TR2] | > | Apr 18 03:01 |
| schestowitz[TR2] | > However, if they have other debts too then the remaining funds will be | Apr 18 03:01 |
| schestowitz[TR2] | > divided up pro-rata. E.g. maybe each debt only gets paid 60% of the | Apr 18 03:01 |
| schestowitz[TR2] | > real value. | Apr 18 03:01 |
| schestowitz[TR2] | Yes, I heard that too. | Apr 18 03:01 |
| schestowitz[TR2] | Going to check where the leads stand. This is work in progress. | Apr 18 03:01 |
| -TechrightsBN/#boycottnovell-techrights.org | Crimes of Sirius Open Source - Techrights | Apr 18 03:01 | |
| -TechrightsBN/#boycottnovell-www.thepensionsregulator.gov.uk | Report missing payments to your workplace pension | The Pensions Regulator | Apr 18 03:01 | |
| schestowitz[TR2] | Has Sirius responded to you? | Apr 18 03:02 |
| -TechrightsBN/#boycottnovell-Wind up a company that owes you money: Overview - GOV.UK | Apr 18 03:03 | |
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