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Old 14 June 2007, 02:26 PM
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Scooby Snacks 23
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Default 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?
Old 14 June 2007, 02:30 PM
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richiewong
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Smart repair and pocket the rest, sleep well at night knowing you've 'stuck it to the man'
Old 14 June 2007, 02:30 PM
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jac2000
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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.
Old 14 June 2007, 02:32 PM
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Devildog
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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.

Last edited by Devildog; 14 June 2007 at 02:34 PM.
Old 14 June 2007, 02:33 PM
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STi wanna Subaru
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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.
Old 14 June 2007, 02:33 PM
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davegtt
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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
Old 14 June 2007, 02:41 PM
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wrx-kris
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if questions get asked say a friend of a friend did it in the evening for convenience
Old 14 June 2007, 02:42 PM
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David Lock
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Your employer acted in good faith and this is the way you plan to take advantage of them? It's not on - in my book anyway. dl
Old 14 June 2007, 03:02 PM
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JimmyBFC
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Originally Posted by davegtt
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

I think thats the best idea - things like this can end up messy if your found out
Old 14 June 2007, 03:10 PM
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STi wanna Subaru
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Originally Posted by JimmyBFC
I think thats the best idea - things like this can end up messy if your found out
what happens then in 6 months when somebody asks and you've spent the cash? It will always be hanging over you that way.
Old 14 June 2007, 03:14 PM
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davegtt
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Its only £450, Im sure you can source the cash from somewhere if the job is dependant on it
Old 14 June 2007, 03:18 PM
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vindaloo
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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.
Old 14 June 2007, 03:23 PM
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Freak
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Say you found it cheaper elsewhere and get smart repair or get to a scrappy and pick up a bonnet yourself.
Still repaired, but some nice pocket change
Old 14 June 2007, 03:28 PM
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davegtt
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Originally Posted by Freak
Say you found it cheaper elsewhere and get smart repair or get to a scrappy and pick up a bonnet yourself.
Still repaired, but some nice pocket change
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.
Old 14 June 2007, 03:49 PM
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Sammy Speakeasy
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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.
Old 14 June 2007, 03:53 PM
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Sammy Speakeasy
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... or "cash in lieu".
Old 14 June 2007, 04:07 PM
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stara
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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.
Old 14 June 2007, 04:08 PM
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JimmyBFC
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Originally Posted by STi wanna Subaru
what happens then in 6 months when somebody asks and you've spent the cash? It will always be hanging over you that way.

well wait 12 fookin months then I dun't know

Id say Ive sold the bloody car it happened to.....and buy a pushbike for work...lol
Old 14 June 2007, 04:28 PM
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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
Old 14 June 2007, 04:40 PM
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Scooby Snacks 23
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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!!
Old 14 June 2007, 04:46 PM
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Lydia72
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Originally Posted by Devildog

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.
^^what he said^^
I wouldn't enjoy spending the extra money unless I checked first.
Old 14 June 2007, 05:04 PM
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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!
Old 14 June 2007, 07:15 PM
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The money is to repair it good as new, a dentmaster isnt going to be as good so I would say its your call.
Old 14 June 2007, 07:34 PM
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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
Old 14 June 2007, 09:03 PM
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paulr
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Scoobysnacks. Say it was your company and you were the employer and someone did it to you,how would you react?
Old 14 June 2007, 09:52 PM
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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!!
Old 14 June 2007, 09:54 PM
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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
Old 14 June 2007, 10:00 PM
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stara
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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?
Old 15 June 2007, 07:20 AM
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r32
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Just simple, if they find out your sacked at the very least, if they dont you keep the money. Your choice.


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