You and the Law – 22nd February 2011

Cashflow blow

I am a one-man company and to help cashflow I looked at the possibility of factoring.  A firm agreed to take me on, so I sent them invoices totalling £4,500.00 I am owed.

They then said they were concerned about some of my customers and so would not be going ahead, but they refuse to return my paperwork until I have paid a £500.00 ‘set-up fee’.  Since they’ve turned me down I don’t think I should have to pay, since the facility was never set up!  DR

Whether they¹re entitled to their fee will depend on the details of the agreement you had with the firm.  I presume this was in writing.  You should first contact a solicitor for advice and to write a letter requesting all of your papers.

Hopefully you will have kept copies of the documents you sent to the firm.
Alternatively, if you haven’t retained copies, you could pay the £500.00 and obtain your papers and then argue about the £500.00.  This is less attractive, but at least you would be able to pursue the money you’re owed.

Barking mad

We  received a letter from the council four months ago saying a complaint had been made, supposedly because our dog was causing a noise nuisance. We were told that the complainant would be asked to keep a diary of the alleged barking for a two-week period, and then if necessary electronic monitoring would be installed.  We object to being spied on and the assumption that we’re guilty.  JA

The letter you received from the council asks you to check whether your dog is creating the noise.  This is by way of information, and is in no way judgmental.  Whoever made the complaint must provide evidence and, assuming there have been no further developments, it would appear that the complainant was either unable to do so or the nuisance has stopped.

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