●● IRC: #boycottnovell @ Techrights IRC Network: Tuesday, April 18, 2023 ●●

● Apr 18

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● Apr 18

[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

● Apr 18

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● Apr 18

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● Apr 18

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● Apr 18

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