Protection of business information and bailiffs

Discussion in 'Legal' started by TBSN, Jun 15, 2008.

  1. TBSN

    TBSN UKBF Regular Free Member

    Posts: 14 Likes: 1
    Hi there guys,

    I have two separate issues which I was rather hoping somebody might be able to clarify the position on.

    1. Do businesses have any right to confidentiality other than what is set out in a policy or contract created by either the business or the business's legal advisors - e.g. the Data Protection Act protects members of the gp without a member of gp needing a contract? The reason I ask this is because I am being offered use of services from my university for free to assist with the development of my business. This includes the services of a mentor free of charge, the use of their computer systems, telephone and printing as well as photocopying and fax. I have been told that I will need to sign a confidentiality agreement before I can take advantage of this offer.
    The service is funded through various business startup organisations including those that are indirectly linked to the government.

    The issue is that I am being asked to sign a confidentiality agreement which limits the amount of time that my business's information will remain confidential to five years whereas any information I find out about other business's i.e. those of my mentor whilst taking advantage of the services must be kept confidential indeffinitely. I have asked for the confidentiality agreement to be altered but they have refused to do this and I have now been given a letter confirming that the service does not intend to use my information other than for statistical purposes in which case I and the business will not be identified. The letter does not however say that it is in addition to the confidentiality agreement which I am still required to sign. Any advice please??

    2. I am 21, a care leaver and due to having to fend for myself from a young age, I have a lot of debt which I am currently hiding from because I cannot afford to pay. I have my mail directed via my Grandma's and I doi not register on electorial roles. My bank only knows my Grandma's address. If any bailiffs chase me for personal money can they take any items which belong to my business which is already registered as a limited company. If they cannot how can I go about ensuring that the paperwork adds up and how should I approach a bailiff that tries to do this particularly as I am currently working from home although my business is registered at my Gran's and I live at a separate address?

    I am sorry that this is a huge message but any help would be so gratefully appreciated and I see it as being essential to understand this stuff to put me on the right footing for times ahead!

    Kind Regards

    Benjamin-Elijah Gareth
    Posted: Jun 15, 2008 By: TBSN Member since: Jun 15, 2008
    #1
  2. yorkshirejames

    yorkshirejames UKBF Regular Free Member

    Posts: 2,555 Likes: 351
    They can't, but you can bet they will have a go. Do be careful though that you understand the difference between a Debt Collector and a Court Appointed Bailiff.

    I don't know about you, but I care about my grandmother dearly, and would not want to run the risk of anyone turning up at her door.

    Google for "accommodation address provider" or "virtual office provider" in your local area for a better alternative.
    Posted: Jun 16, 2008 By: yorkshirejames Member since: Mar 2, 2006
    #2
    • Thanks Thanks x 1
  3. TBSN

    TBSN UKBF Regular Free Member

    Posts: 14 Likes: 1
    Thanks for that! Do you or does anybody else have any ideas about point 1?

    Kind Regards and Many thanks!

    Benjamin-Elijah Gareth

    Director
    The Business Solutions Network
    Posted: Jun 16, 2008 By: TBSN Member since: Jun 15, 2008
    #3
  4. yorkshirejames

    yorkshirejames UKBF Regular Free Member

    Posts: 2,555 Likes: 351
    I'm not sure how much use to others five year old data would be.

    Personal data relating to an individual is always subject to DPA98.

    From the tone of this letter, it sounds like you have nothing to worry about.
    Posted: Jun 16, 2008 By: yorkshirejames Member since: Mar 2, 2006
    #4
    • Thanks Thanks x 1
  5. TBSN

    TBSN UKBF Regular Free Member

    Posts: 14 Likes: 1
    Cheers for that! :)

    The main issue is that as part of the service you have to meet up with a mentor and that involves disclosing foundational principles of the business which are then logged in notes and are not protected after the five years - this is what I am concerned about.

    Kind Regards

    Benjamin-Elijah Gareth

    Director
    The Business Solutions Network
    Last edited: Jun 16, 2008
    Posted: Jun 16, 2008 By: TBSN Member since: Jun 15, 2008
    #5
  6. blsewell

    blsewell UKBF Regular Free Member

    Posts: 18 Likes: 2
    Hi Ben,

    Do not sign such an agreement

    Any organisation that ask that you sign such an agreement - intends at some future date to steal your business

    You are the owner of the intellectual property rights of your business

    You should be the one who insist on other signing your confidentiality agreement

    To be perfectly fair - you can create or pay a solicitor to develop a Mutual Confidentiality Agreement for your business - which protects both sides in any future dispute.

    Remember that the government has removed access to free legal aid in all civil cases

    That means that when (and not if) - they rip off your business - you will not be in a position to employ a services of a solicitor

    If you wish to know just what can happen when you engage with organisation that are very much larger than yourself - then visit;

    tfc-trainingdotcom/ipt.htm

    Regards

    BLS


    Posted: Jun 16, 2008 By: blsewell Member since: Jun 16, 2008
    #6
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  7. TBSN

    TBSN UKBF Regular Free Member

    Posts: 14 Likes: 1
    Dear BLS,

    Thanks for that info!

    Does the letter that they have given me mean anything and is there any way that the letter can be altered to completely cover me?
    Posted: Jun 17, 2008 By: TBSN Member since: Jun 15, 2008
    #7
  8. blsewell

    blsewell UKBF Regular Free Member

    Posts: 18 Likes: 2
    Hello Ben,

    Letters that are exchanged can be regarded as "statement of intent" - I do not know the precise legal position of such - However I do know that they are not a "binding contract" and cannot be regarded as such.

    A contract is tended to protect both sides in any future dispute - I am not sure that a letter could be legally regarded as a contract.

    The letter cannot be modified or changed to reflect your interest - You need a properly constructed Mutual Confidentiality Agreement and other legally binding contract documents that stipulates exactly; who is doing what for and to - whom - and for what cost - and what are the termination clauseses, etc, etc etc. See a solicitor - who knows contract law - before you sign or agree anything.

    Regards

    Lloyd Sewell
    Posted: Jun 17, 2008 By: blsewell Member since: Jun 16, 2008
    #8
  9. nigelmarsh

    nigelmarsh UKBF Regular Free Member

    Posts: 140 Likes: 20
    Ben !!!!

    Im a debt collector , :) i am not employed by any of your creditors and until 30 seconds ago did not know anything about you .

    15 seconds investigation tells me your Gran lives in Coventry ( i will not post the whole address ) As a debt collector i would turn up at her door with a view of claiming what i could to get a debt paid .

    I would also look to disclose your shareholding in your company with a view of showing you are the indirect owner of any asset value within the company i can see your the sole director and the sole shareholder of the company .

    Just to confirm to you the infomation i have obtained and not want to post to much infomation , here is your date of birth right ? 06/03/1987

    It is never good to hide and dodge from a debt collector our experiences are varied and we will catch the debtor . The best solution is to confront your debts and enter a fair and just repayment plan , this will ensure you don't get extra cost added to your account for wasting the courts and the bailiffs time.

    Ben i wish you luck in addressing the financial problems you may have ;)
    Posted: Jun 17, 2008 By: nigelmarsh Member since: May 28, 2008
    #9
  10. blsewell

    blsewell UKBF Regular Free Member

    Posts: 18 Likes: 2
    Hi Nigel

    I paid a lady in Scotland almost £4000 as part payment on a training project

    She did not complete the project and refused to repay the money

    I then paid a Scottish solicitor £1000 towards the cost of recovering the debt - they wrote (3) letters andf gave up

    I you think you can recover this debt - please contact me and I will give you full details and documents.

    at lloydATtfc-trainingdotcom


    Best regards

    Lloyd Sewell
    Posted: Jun 17, 2008 By: blsewell Member since: Jun 16, 2008
    #10
  11. nigelmarsh

    nigelmarsh UKBF Regular Free Member

    Posts: 140 Likes: 20
    i have PM you , alternatively please phone me number is on the website , ask for me
    Posted: Jun 18, 2008 By: nigelmarsh Member since: May 28, 2008
    #11
  12. zoomzoomit

    zoomzoomit UKBF Regular Free Member

    Posts: 18 Likes: 3
    I am Nigel the lion hear me ROARRRRRR

    You scared him away lol
    Posted: Jun 27, 2008 By: zoomzoomit Member since: Jun 20, 2008
    #12
  13. nigelmarsh

    nigelmarsh UKBF Regular Free Member

    Posts: 140 Likes: 20
  14. Moneyman

    Moneyman UKBF Regular Full Member

    Posts: 2,702 Likes: 770
    Never run from your debts. The best policy is always to stop and face upto them. there are loads of ways of dealing with it. but if you keep running you will find your limited company can be taken away once it is sucessful and you could be barred from being a director.
    Turn and face, pluck up the courage to fight and go and see if you can fix the problem. You should be able to stop things getting worse in your absence.
    Posted: Jun 28, 2008 By: Moneyman Member since: May 3, 2008
    #14
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  15. jamesrap

    jamesrap UKBF Regular Free Member

    Posts: 21 Likes: 1
    Dont you debt collectors even obey the Human Rights Act

    Or is there some odd twisted industry regulation that exempts you?
    Posted: Jun 28, 2008 By: jamesrap Member since: Jun 23, 2008
    #15
  16. nigelmarsh

    nigelmarsh UKBF Regular Free Member

    Posts: 140 Likes: 20
    we obey many rights , the most importing one being the right for for our clients to get their money on services or products supplied .;)
    Posted: Jun 28, 2008 By: nigelmarsh Member since: May 28, 2008
    #16
  17. jamesrap

    jamesrap UKBF Regular Free Member

    Posts: 21 Likes: 1
    I dissagree.

    Your acting on behalf of your client.

    Your client may have a duty to obey the right of the consumer.

    You probably chase unfair penalty charges to do ya?
    Posted: Jun 28, 2008 By: jamesrap Member since: Jun 23, 2008
    #17
  18. jamesrap

    jamesrap UKBF Regular Free Member

    Posts: 21 Likes: 1
    They can only lawfully chase you for a period of time.

    Under the Limitations Act 1980 the time limits are
    • in simple contracts, 6 years
    • in contracts under seal, 12 years.
    If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.

    Even though the lender may be barred from pursuing recovery, a debtor may decide to pay the debt after the expiry of the time limits. Because of this you should allow a debt which is otherwise statute-barred if the personal representatives pay the debt and you receive evidence that the payment has been made.

    The above instructions do not apply to debts in Scotland. Under Scottish law, if a lender allows time to pass without receiving any payment an action for recovery may become barred under the Prescription and Limitation (Scotland) Act 1973. (For details of this Act see Gloag and Henderson 10th edition at Chapter 15.). These debts are completely extinguished and cannot be enforced. Once the prescriptive period expires the debt cannot be allowed as a deduction.
    Posted: Jun 28, 2008 By: jamesrap Member since: Jun 23, 2008
    #18
  19. nigelmarsh

    nigelmarsh UKBF Regular Free Member

    Posts: 140 Likes: 20
    and the point of this education is ?

    I congratulate you, if it is your role in life to educate all debtors of their rights , However if i get there first to the debtor i will not stop to ask them if you have educated them first .

    Its up the the debtor to know their rights and they have many , if they don't use them before I turn up to enforce a court order , then they may of last their chance.

    The only person that can stop me from doing my job is a Judge and his order .

    You can educate them after i have seized assets ;)
    Posted: Jun 28, 2008 By: nigelmarsh Member since: May 28, 2008
    #19
  20. Mattonella Tile Studio

    Mattonella Tile Studio UKBF Regular Free Member

    Posts: 1,677 Likes: 319
    What human right has been breached here? At first I was impressed with the information found out but then I thought that the poster has put their full name, together with their limited company name and status. So if I could be naffed I could have found out some if not all of the information.

    Is it just me that finds it ironic that somebody wants legal protection but at the same time is prepared to hide from debt collectors?
    Posted: Jun 28, 2008 By: Mattonella Tile Studio Member since: Jun 10, 2008
    #20