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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69258
Experience:  Over 5 years in practice
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I visited a factory and purchased a quantity of plastic granules

Resolved Question:

I visited a factory and purchased a quantity of plastic granules I paid directly £7000 It was agreed to collect in approx 10 days . When I returned to indicate a collection time and date I was told it had been sold and I wuold be paid in a few days I was not and i discovered the company who allegedly had bought and visited them I was told in invoice had been received by the vendor in his name and that the invoice had been paid.
On returning I was told they had had to pay outstanding bills with my money. I asked for a charge to be initiated on a piece of machinery to cover the debt This was eventually agreed but the offer was withdrawn and the company then declared themselves bankrupt.
Is this a criminal offense and how should be classified Fraud theft etc.
If you can help classify this me it would be very gatefull.
George Archer
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
You could report it to the police as a fraud. The difficulty is that you would have to show that they did this intentionally and they will undoubtedly argue that it was just the pressure of trading and circumstances that caused the bankruptcy.
However, if this is a public liability company and the persons behind it have declared themselves bankrupt then your only option is to report this to the police as a bankrupt cannot be sued for debts preceding the bankruptcy.
You could, of course, ask the trustee in bankruptcy to consider you as a creditor. You will not get the entire amount you are due but you may get something.
Can I clarify anything for you?
Customer: replied 2 years ago.

My intention under the new bankruptcy legislation is to apply to get the bankrupcy protection lifted as they have commenced a new company with the accued funds. Whar evidence do I require to proceed. I have reported it to the plice who gave me a crime number but after months of fooling around sent me notification it was undetected theft !

Can I proceed v the police for neglect??

Expert:  Jo C. replied 2 years ago.
I am not a bankruptcy specialist. That is a different question entirely from your original and not my area.
I can help with the police issue though?
Customer: replied 2 years ago.

If you could give some guidance on this subject I would be more than gratefull

Customer: replied 2 years ago.

The man told me when he had been paid a second time that he needed the money for outstanding invoices

Expert:  Jo C. replied 2 years ago.
Thank you.
It's quite unlikely that you have a claim against the police I'm afraid. Traditionally, the police could not be sued in negligence and there was case law confirming that. There are lots of reasons for it. The primary one is that the concern is the they would spend their days defending claims rather than enforcing the law but also obviously some allegations are without merit and is for that reason should not be prosecuted. You can always complain to the IP CC about any negligence.
There has been subsequent case law that has weakened that position but not really substantially. Normally the challenges are to judicially review any adverse decision or to complain to the IP CC.
It might well be fraud of course but that is not the same thing as being able to prove the case.
Jo C., Barrister
Category: Law
Satisfied Customers: 69258
Experience: Over 5 years in practice
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