How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Alex J. Your Own Question

Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3519
Experience:  Solicitors 2 years plus PQE
13113900
Type Your Law Question Here...
Alex J. is online now

I am a self employed double glazing sales-man and i worked

Resolved Question:

I am a self employed double glazing sales-man and i worked for Roofright UK and its Sister company Carrington Windows ( both owned by the same people) . Each week they took a retention of 10 percent out of my wages in case of any cancellations etc. on the understanding that this would be paid back within 90 days of leaving. They have since gone bankrupt in the name of Roofright UK but are still trading as Carrington, I have spoken to several of the employees still there and they have had their retention money transfered to Carrington. I have requested my retention from them and they say that as my retention was with Roofright its gone, but I was working and getting paid from both companies at the same time, would I have a small claims case, The figure involved is around£1000 is it worth pursuing?
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Which company did you actually invoice for your money? Was it both companies?
Kind regards
AJ
Customer: replied 2 years ago.

Yes I was working for both companies at the same time and they were paying me from both for a period of approx 18 months

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Can you work out who much of the retention money went to Roof right from the invoices?
Kind regards
AJ
Customer: replied 2 years ago.

yes i have all the payment slips

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
The invoices applicable to the company solvent you can work out what part of the retention they should be holding. Regardless of what they say if you invoiced them directly and they were retaining part of the invoice you are entitled to recover this money from them.
In relation to the insolvent company have you approached the liquidator to ask whether there are any monies available for distribution?
Kind regards
AJ
Customer: replied 2 years ago.

No I havent approached the liquidator but the director I spoke to said there was no longer any money/assets etc left in the Roofright company

Expert:  Alex J. replied 2 years ago.
Hi
Thank you.
Firstly contact the Insolvency Service and find out who the liquidator is https://www.gov.uk/government/organisations/insolvency-service
- You will need to at least make a claim in the liquidation. I would not listen to the director, it may in their interest to discourage you from making a claim especially if they are personally liable for any of the debts;
Secondly - send a copy of all your invoices made out to the solvent company against which a retention has been made. Ask them to confirm they are still holding this retention and demand payment of it. If they do not have you will have grounds to sue them for at least this part. https://www.moneyclaim.gov.uk/ - how much of the retention is attributable to the solvent company?
I look forward to hearing from you.
Kind regards
AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3519
Experience: Solicitors 2 years plus PQE
Alex J. and 4 other Law Specialists are ready to help you
Customer: replied 2 years ago.

the retention was deducted from the roofright payments

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
My apologies I thought the retention was deducted from both companies.
Ok so in terms of the assets transferred from the insolvent company, you believe all the insolvent company cash was transferred to the solvent company?
Kind regards
AJ
Customer: replied 2 years ago.

yes as far as I am aware, I have spoken to other people who still work there and they have had their retention transfered to Carrington,

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
The liquidator will hold all the power to either claw the monies back from the solvent company or hold the directors personally liable for misappropriation of funds.
You cannot sue the solvent company directly unless the solvent company previously took in your funds. If they have done it by misappropriation then the liquidator is the only party with sufficient powers and rights to claw the money back for the benefit of the insolvent company's creditors.
Kind regards
AJ

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice