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18 May 2013 22:42 by steve and anita Star rating in in San Cayetano. 324 posts Send private message

steve and anita´s avatar

 I was working at a garage in Pilar de la Horradada, for 8 months. I and another chap walked out on the 21st of Feb as we were not getting paid. This has also happened to other workers since, a total of six people now.

 It is almost 3 months now and have still not recieved any money from my boss. We have spoken on the phone and sent various e mails and he has agreed to pay me as im not signing my Finiquito until I have the money in my hand, so in theory still employed by the company.

But after loads of excuses, lies and to be honest bullshit, I still have had nothing, he promises to put the money into my bank account but never does. 

 This person lives in the UK, can anybody give me advice on what to do with this matter.

 

 Regards





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19 May 2013 08:11 by steone Star rating in Santiago de la Riber.... 386 posts Send private message

If you know the persons full name and address in  England then you simply send him a recorded letter stating that if you do not receive the money owed within 21 days you will issue proceedings against him in the Small Claims Court. The amount claimed, I believe, must be under £10,000. If he fails to pay within your timescale then go on line and issue the proceedings. This usually gets the results you want. If not then you can get a County Court Judgement (CCJ) against him (if you win) and then hope he will pay up. If not then if the debt is over £600 go straight to the High Court and get the High Court enforcers (Sherrifs) to collect for you.

Even though the debt was from Spain as the defendant lives in England then the case can be held near the defendants home.

 

Good luck



_______________________
Stephen



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19 May 2013 11:18 by steve and anita Star rating in in San Cayetano. 324 posts Send private message

steve and anita´s avatar

 Hi Steve have sent you a Private message. Has anybody else got any suggestions.





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19 May 2013 12:08 by steve and anita Star rating in in San Cayetano. 324 posts Send private message

steve and anita´s avatar

 The problem I have is my ex boss has the business tied up in an SL trading name and in fact the Managing Director is a friend of his. It is this persons name that appears on my contract of employment. Tho I believe this person does not have anything to do with the business and is in fact employed by an estate agent very near to Torreveija. I have also found out that my ex boss has had a failed business in the UK investigated by the Insolvency Service on last year, below is the out come of this:

 

P*** W****** S*******, a director of P******** *** Limited in Suffolk ,has been disqualified from acting as a company director or from managing or in any way controlling a company for seven years after an investigation by The Insolvency Service’s Company Investigations Team in Manchester.

Following the investigation, Mr S*******, whose company provided Home Information Packs and marketing services to estate agents, did not dispute that he failed to ensure the company maintained, preserved or delivered up adequate accounting records.

The company operated through Mr S*******’s personal and other bank accounts, and as a result it has not been possible to:-

· establish the financial position, income and expenditure or the use of company funds at any point during its trading and why the computerised bank report showed £76,098 as being in the bank at 2 March 2010 when in fact the balance was £22.

· verify how much the company owed HM Revenue & Customs (HMRC) at Liquidation in unpaid VAT liabilities.

Mr S******* also did not dispute that he failed to ensure the company complied with its statutory obligations to file VAT and PAYE returns to HMRC and to pay VAT and PAYE, with at least £59,716 owing at the date of liquidation).

Claire Entwistle, Director of Company Investigations North, said: -

“Failure to adhere to the basic requirements of business practice by keeping full records, ensuring company funds can be clearly accounted for and properly complying with taxation liabilities will be severely dealt with by The Insolvency Service. The protection afforded by limited liability is based on company directors meeting their duties and obligations and if they fail to do so, this protection will be withdrawn.”

 

 It makes interesting reading !!!

 

 He did not contact me at all until I contacted him after a month had passed. Since then he has booked appointments for me to go and see him, tho always fails to turn up, I have had several phone conversations with him and loads of e mail correspondance, but despite him telling me he is going to pay up, he never does, instead all I get is lies. Can you think of a way I can go forward with this matter, its not a vast amount of money involved, but at the moment it makes all the difference to me and my partner as we are now pretty skint and may have to return back to the UK, all this by not knowingly getting involved with this liar, thieve and fraudster.

 

 

 

Thanks you for listening, Regards, Steve and Anita.

 

 

 

 

 





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20 May 2013 12:27 by mariadecastro Star rating in Algeciras (Cadiz). 9290 posts Send private message

Legal Questions? Speak to Maria Direct

 If the comany was a Spanish company, you can start a Spanish Procedure against him.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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