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