Limitation Act 1980 s32(1),a,b,c + (2) Actual Case Law

[TANZARELLI]

An interesting thread Progenic.

[iconoclash]

Hiya progenic - interesting thread - I am about to apply for a set aside of CCJ based on Statute of Limitations and wonder if you'd send me any case law you might have ? please - also, this stuff about burden of proof? since IVE beeb taken to court by them the onus is upon them to prove the stuff in their particulars...is that right? Assume also therefore, that re bank charges, if you did not pay e.g. an overdraft off, and they took court action, that same burden would revert to them and they would have to prove the charges, and if thats so, are there any cases on here applicable?... sorry, wandering now.. many thanks

[Lastlaugh]

Having read through this thread with great interest especially the points about fraud would the following scenario present Fraud

I factored with Barclays - i.e. They took control of my debtor ledger and I was able to pull down 80 percent of the value of each invoice. Once the client paid then the balance would be passed on to me. Through out my time with BSF (factoring) my clients would pay Barclays and barclays would sit on the money in a suspense account for months and even years. In the end it damaged our business and we lost clients who were maintaining they had paid but were still being chased and we were caught in the middle. Who profiteered from this Barclays they were sitting on money that was not theres surely that is fraud? or not?

I know this is not bank charges but while I factored I was paying interest on money pulled down until it had been paid.

[joneshousehold]

Lastlaugh, it would be difficult to show this is fraud but you may be able to argue neglect. I don't know if anyone here can help on that point. You may need to get the advice of a solicitor. You could try opening up a new thread on the subject to see if anyone can help

[andrew1]

Having read through this thread with great interest especially the points about fraud would the following scenario present Fraud

I factored with Barclays - i.e. They took control of my debtor ledger and I was able to pull down 80 percent of the value of each invoice. Once the client paid then the balance would be passed on to me. Through out my time with BSF (factoring) my clients would pay Barclays and barclays would sit on the money in a suspense account for months and even years. In the end it damaged our business and we lost clients who were maintaining they had paid but were still being chased and we were caught in the middle. Who profiteered from this Barclays they were sitting on money that was not theres surely that is fraud? or not?

I know this is not bank charges but while I factored I was paying interest on money pulled down until it had been paid.

 

Lastlaugh, I factored invoices for about 3 yrs and that was with Lloyds - Alex Lawrie Factors. If they had done this to me I would have felt this deceit. Firstly, I would try to get copies of the agreement you had with them and read the terms that were signed up to, secondly, I would get all the proof you have or could lay your hands on confirming the dates your clients paid BSF and the dates your monies were released and establish the loss you incurred. Then I would calculate the consequential losses you incurred as a result, package it together,add the interest and send it to Barclays giving them 14 days to answer then I'd whack in an N1 and sue them.

 

I had to do a similar exercise not for a factoring firm but for the Inland Revenue and it's a nightmare finding the time to do it, but so long as the monies are significantly worth chasing when considering how long it will take you to collate the information, I see this no different than the bank charges issue. 'Fraud' might be a strong description, but causing loss through either being deceitful or plain carelessness was a neglect of duty and a breach in their contract to release funds when they were contractually obliged to do so. Personally, I'd go for them.

[Lastlaugh]

Thank you for your help on this I have spent hours and hours compiling a bundle of letters and reports that show payments coming in and not being allocated, I also have many letters going backwards and forwards asking Barclays to allow us to manage our own ledger. I believe that we lost a contract worth one third of our income because the client had paid and Barclays said they had not, it was a considerable amount of money and Barclays took the money away from us as it had gone over ninety days. It turned out that the client had paid and it had been sitting in Barclays Suspense account for over two weeks. Barclays were so sure of their position on this they called the clients honesty into question and shortly after the money was found the contract was terminated. I have records of many clients leaving us due to debts being chased that had been paid. One debt was allocated four years after being paid. We did not have access to the suspense account and so we could not even do damage limitation. One collector admitted to us that they sit on £25million at any one time of unallocated credits.

I lost the business and many of my clients, I entrusted the biggest asset of my company to Barclays Sales Financing and it didnt work. everything had been fine before I was told I had to factor because of the Brumark decision.

Tomorrow I am off to my solicitors with my bundle of evidence and it goes before a judge in a couple of weeks.

If these are just errors by Barclays Sales Financing why in the five years that I factored with them did not one error go in my favour? They were always in the favour of the Bank!

Thank you once again for your thoughts and comments they spur me on to do battle!

[Gazza01]

Lastlaugh,

 

Good on you mate & good luck [though by the looks of it, luck does not come into... DIG MODE ON - if you're a bank that is & the cards are stacked in your favour!!! DIG MODE OFF].

 

It will be interesting to see what the judge says - first the Sunday Times report about multiple repayment morgates being bunged up in favour of the banks/building societies [ratio should be 50/50 between banks/customers - in practice of 30 all in favour of the banks/building societies - strange that], now this.

 

I wonder just how much sharp practice is going on that we don't hear about?

 

Check out rwaltons battle with RBS.

 

Regards

[progenic7]

Thought id show my face in here seeing as i started this thread ;-)

 

a lots been happening over the last few weeks though shouldnt really mention too much, havnt really had time to catch up properley yet as i have been absent from CAG for ages.

 

I will report back in due course with my recent findings.

 

Best of luck to one and all

 

Muhahaha

 

Johnny

[Lastlaugh]

Thank you everyone now started a thread on this

Lastlaugh V Barclays(not bank charges) Sorry pro for hijacking your thread perhaps a mod can move my bits. Had an hour with solicitor today and have to meet with council next week in London ............... I have a case!

You were right negligence. I am also going for Bank charges and to that the barrister said no problem they will pay them back! fingers crossed!

[andrew1]

Hey apart from your Tiling difficulties , how did your July court case go Lastlaugh?

[Lastlaugh]

ROFL Hey Andrew you get everywhere on this site! Well two days before the hearing we were informed by council that although we had a strong case for negligence we had to make a decision whether to continue incurring further legal expenses of £30,000. We were also informed that Barclays would be asking the Judge for a charge over our property.......yet again just in case we lost and had to pay their costs too. We fought this battle for two years...........it cost thousands and in the end we just could not afford to carry on...........it was too much of a risk. I am however going to publish some of the blunders they have made but before publishing I will send a copy to the Chairman. It was purely a case of they have the resources and we did not!. Nevermind onwards and upwards! Thank you for asking Andrew..............now back to my tiles!!

[andrew1]

Versitlity - I love it ! Anyway, this is typical isn't it? I had the same with a firm of solicitors - closed shop, tried to sue through negligence and I was asked for £10k up front to see it through - they know they've got you, you get skinned first then they ask for £10 ( or £30k) K ! There's no choice but to back out. Life goes around in circles though, what you give out you get back - I'm enjoying getting some back ! Good luck...

[Peterbard]

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