Am I being illegal or immoral?
#1
Scooby Regular
Thread Starter
Join Date: Feb 2003
Location: Location: Location:
Posts: 2,848
Likes: 0
Received 0 Likes
on
0 Posts
Am I being illegal or immoral?
On the way out of my office last year, the barrier to our car park came down on top of my bonnet. As I drive a (very well built!) Volvo C70, the damage wasn't massive, but there were a couple of dents but nothing I was to concerned about. I complained to the company, and as it happens, the same thing had happened to 4 other cars that day. As the company considered themselves liable, they offered to pay for the damge to all 4 (private not company) cars.
So, I had an estimate of the damage (£450 + VAT) and its booked in for next week. However, the garage involved gave all 4 of us a (I think it's called) a pro-forma invoice to enable us to claim the expenses back from the company before having the work done. Now I've got the money in my account, I'm debating having the work done as I don't think it will make much difference to the value of the car. As the dents thenselves are fairly small, I could probably get a dent-repairer to do it for a fraction of the cost and keep the rest to go toward two new tyres and the next tax disc!
What are the implications of me not having it done and keeping the cash? As I see it, I'm merely being compensated for the damage to my car (with my choosing how I spend the compensation) but my wife is convinced that it's effectively fraud and I could lose my job if found out.
What's the general consensus?
So, I had an estimate of the damage (£450 + VAT) and its booked in for next week. However, the garage involved gave all 4 of us a (I think it's called) a pro-forma invoice to enable us to claim the expenses back from the company before having the work done. Now I've got the money in my account, I'm debating having the work done as I don't think it will make much difference to the value of the car. As the dents thenselves are fairly small, I could probably get a dent-repairer to do it for a fraction of the cost and keep the rest to go toward two new tyres and the next tax disc!
What are the implications of me not having it done and keeping the cash? As I see it, I'm merely being compensated for the damage to my car (with my choosing how I spend the compensation) but my wife is convinced that it's effectively fraud and I could lose my job if found out.
What's the general consensus?
#3
Hmm, tempting to keep the money but the garage is expecting 4 customers and no doubt came to an arrangement with your company for 4. If only 3 turn up questions may be asked - then it could get awkward in my opinion.
#4
Scooby Regular
Its not fraud, as the damage was caused, and the company admitted liability and agreed to pay for the damage.
However, as your employer I would sack you on the spot for lying on your expenses claim.
To get round it, I'd tell the boss what you were proposing - to be honest, they've accepted liability and have paid for the cost of professional repair - and would suspect they'll be ok with it anyway.
However, as your employer I would sack you on the spot for lying on your expenses claim.
To get round it, I'd tell the boss what you were proposing - to be honest, they've accepted liability and have paid for the cost of professional repair - and would suspect they'll be ok with it anyway.
Last edited by Devildog; 14 June 2007 at 02:34 PM.
#5
Scooby Regular
iTrader: (1)
Join Date: Apr 2001
Location: Yorkshire
Posts: 16,517
Likes: 0
Received 0 Likes
on
0 Posts
They've owned up to an error and are doing the right thing. I'd respect that and get the job done as per the quote. I'd say though legally the money is yours to do with as you wish.
#6
Scooby Senior
Join Date: Mar 2003
Location: Next door to the WiFi connection
Posts: 16,293
Likes: 0
Received 0 Likes
on
0 Posts
Sit tight on the cash for a couple of months, any questions get asked you can say youve just not had the time and was considering ringing next week to book it in. That way you cant get in trouble but if nowt gets said you have the cash
Trending Topics
#9
Scooby Regular
Join Date: Jun 2007
Location: Barnsley
Posts: 1,615
Likes: 0
Received 0 Likes
on
0 Posts
I think thats the best idea - things like this can end up messy if your found out
#12
Scooby Regular
Join Date: Apr 2003
Location: South Bucks
Posts: 3,213
Likes: 0
Received 0 Likes
on
0 Posts
Lying on an expenses claim, funds by deception etc. = fraud.
Don't fsck about with it. I assume your work is your primary or only source of income, so don't jeopardise that over a few quid.
Dunno quite how this pro-forma invoice thing works. That could turn out to be a bit dodgy from a tax perspective (for the garage and/or for the company). It may lead to questions you don't want to answer.
J.
Don't fsck about with it. I assume your work is your primary or only source of income, so don't jeopardise that over a few quid.
Dunno quite how this pro-forma invoice thing works. That could turn out to be a bit dodgy from a tax perspective (for the garage and/or for the company). It may lead to questions you don't want to answer.
J.
#15
Scooby Senior
Join Date: Mar 2003
Location: Next door to the WiFi connection
Posts: 16,293
Likes: 0
Received 0 Likes
on
0 Posts
Then that would definately be a false claim wouldnt it? Id rather run the risk of pocketing the lot or just go get it fixed at the first garage for the full amount.
#16
Scooby Newbie
Join Date: Jun 2005
Location: In a bubble.
Posts: 26
Likes: 0
Received 0 Likes
on
0 Posts
This is simply known as "payment in lieu" and happens quite often in the insurance world. There is nothing illegal about it. They have paid for the damage they caused to your car, it is up to you whether you fix your car or not.
#18
totally agree with sammy, you have been compensated for damage to your car, do what you want with your compensation, it's your car, you are not obliged to repair it, the company damaged your car, they ARE obliged to compensate you, as the resale value of your car will be affected due to the damage by roughly the amount of compensation you received.
#19
Scooby Regular
Join Date: Jun 2007
Location: Barnsley
Posts: 1,615
Likes: 0
Received 0 Likes
on
0 Posts
#20
Scooby Senior
Join Date: Dec 2000
Location: North Wales
Posts: 5,826
Likes: 0
Received 0 Likes
on
0 Posts
From what you say, the company has not agreed to give you the money, but to cover the cost for your car to be repaired? If that is so, then you can only claim what it costs to repair the damage. Anything else would be fraud, and certainly get you the sack to boot! If you get a mate to do it, then strictly speaking you can only claim what he charged you.
This is exactly why insurance companies now use approved repairers, and stipulate that the repairs must be carried out by them for the repairs to be paid for.
You need to be quite clear about what has been agreed.
Geezer
This is exactly why insurance companies now use approved repairers, and stipulate that the repairs must be carried out by them for the repairs to be paid for.
You need to be quite clear about what has been agreed.
Geezer
#21
Scooby Regular
Thread Starter
Join Date: Feb 2003
Location: Location: Location:
Posts: 2,848
Likes: 0
Received 0 Likes
on
0 Posts
I knew I would get mixed responses here (Scoobynet's good like that ) and it's been useful so far, so thanks.
I haven't actually made the decision on what to do yet and as it's booked in for next week, I could still get it done, so I haven't done anything wrong.....yet anyway!!
I haven't actually made the decision on what to do yet and as it's booked in for next week, I could still get it done, so I haven't done anything wrong.....yet anyway!!
#22
Scooby Regular
Join Date: Apr 2006
Location: Pleiades
Posts: 1,294
Likes: 0
Received 0 Likes
on
0 Posts
I wouldn't enjoy spending the extra money unless I checked first.
#23
I would either do the work as stated or tell your employer what you are proposing, if they say keep the difference then fine.
Problem is they surely will ask for a receipt for the work once complete and you won't be able to provide it. I don't think they have settled with you but are looking to pay for a proper repair to return your car to its former condition before said incident.
If your happy to take a chance on it, over £450 versus your job, go for it, its your lively hood bud!
Problem is they surely will ask for a receipt for the work once complete and you won't be able to provide it. I don't think they have settled with you but are looking to pay for a proper repair to return your car to its former condition before said incident.
If your happy to take a chance on it, over £450 versus your job, go for it, its your lively hood bud!
#25
Speak to the garage who are doing the work and ask if you can pay 'by cash'.
They might offer to fix it for £200 cash and won't need to tell the company you didn't have the work done there
They might offer to fix it for £200 cash and won't need to tell the company you didn't have the work done there
#27
Scooby Regular
iTrader: (2)
Join Date: Nov 2005
Location: Doncaster
Posts: 896
Likes: 0
Received 0 Likes
on
0 Posts
Technically it could be fraud by false representation.
They've paid you the money assuming that it will be spent on repairing your car, if you don't then spend it on that then you've deceived them.
Is it worth risking your job and pension for £450?
Your choice!!
They've paid you the money assuming that it will be spent on repairing your car, if you don't then spend it on that then you've deceived them.
Is it worth risking your job and pension for £450?
Your choice!!
#28
Scooby Regular
iTrader: (2)
Join Date: May 2000
Location: Class record holder at Pembrey Llandow Goodwood MIRA Hethel Blyton Curborough Lydden and Snetterton
Posts: 8,626
Likes: 0
Received 0 Likes
on
0 Posts
What Moley said.
I've recently had a quote for a dent, £350 cash or an official quote of £600 + VAT.
Insurance premiums high? hmm yes exactly.
£450 +VAT is a £200 cash job, cheaper if you go to dentmaster by the sounds of it
I've recently had a quote for a dent, £350 cash or an official quote of £600 + VAT.
Insurance premiums high? hmm yes exactly.
£450 +VAT is a £200 cash job, cheaper if you go to dentmaster by the sounds of it
#29
no it's false representation is it, it isn't fraud either, if the damage was fictitious, then it would be, you have to bear in mind that the car has £450 worth of damage, wether it is repaired now or next year, it has £450 worth of damage, at resale time, it will cost £450 to put it right, ...so on what grounds could he possibly be dismissed?