We are seeking resolution for all cases. August 2020
DRAFT
Project Heritage update
This concept supports the investigation by PCC Anthony Stansfeld of Thames Valley Police into forged signatures.
We are further developing the 3 stages of Project Heritage, the dispute resolution tool designed to facilitate the bulk handling of legal claims typically on behalf of litigants in person (LiPs). This will be focused on Personal Guarantees and will use digital technology.
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Project Heritage Stage 1: Lampert v Lloyds case
Jeff Lampert`s case is that Lloyds Bank entered what the Met Police identified an allegation of a "Perjured Affidavit" into his guarantee hearings. This "Perjured Affidavit" was that Lloyds Bank only recovered £1.5m of a £3m debt Jeff was guaranteeing. In 2001, it became clear Lloyds recovered £3.3m and in 2005, the best estimate of the recoveries - by the best insolvency practitioner - was between £5m-£7m. Lloyds have repeatedly refused to provide Jeff or anyone else with access the recovery figures.
The most rigorous legal examination of the then-available evidence was before Floyd J (now LJ).This was after the Met Police had identified an allegation of a Perjured Affidavit.Floyd LJ was unable to make a judgment on the "Perjured Affidavit", as it was in the context of Jeff`s bankruptcy. Floyd J was convinced that the allegation of perjury belonged to his court rather than Jeff taking it back to Met Police ("You show them to me and explain to me why they have perjured. Do not bother trying to bring the police into this, because they have really absolutely nothing to do with it.")
Jeff followed his instructions. Bizarrely at the last moment, the matter was moved from Floyd LJ to Mann J.
Lloyds entered an order allegedly from Floyd which confused Mann. Mann did not carry out the investigation into the Perjured Affidavit that Floyd had intended. He did instruct the order to be amended.
Jeff is advised that Lloyds solicitor has since retired to the clergy. Since that date, the matter has been accepted, subject to Police investigation, as a Private Criminal Prosecution by District Judge Cooper at Bristol Magistrates' Court.
After a great deal of research, SC Ball has very recently been located. The matter has been handed over to Avon and Somerset Police, who seem to be unable to deal with it.
Jeff is advised there are suggestions that Avon and Somerset may be conflicted from taking cases involving Lloyds Bank. So Jeff suggest s the matter be placed in the hands of the senior Police Crime Commissioner for Fraud to be independently investigated.
Jeff is advised that hundreds of thousands of evictions may have occurred due to what the MET described as "Perjured Affidavit".
This case established the toxic combination of:
failure to repay an overdraft within two banking hours can be considered an act of default on company loans
allowing the secured lender to immediately take action against the Guarantor. The Guarantor's home is all too frequently taken before all recoveries against the borrower have been exhausted.
The Head of Civil Policy at the Ministry of Justice has suggested to Jeff that Stage 1 "looks to be criminal" and Stage 2 remediations "looks to be civil".
Project Heritage Stage 2: remediation scheme presented by Jane Farmer
What is Project Heritage? PH Summary
1: questions (initial questions to determine the eligibility of the user)
2: calculations
point D in calculations - how to determine the value of the family home (new update)
Impact Statement users will have the opportunity to include their impact statement (as per Jane Farmer`)
Project Heritage Stage 3: the way forward - an alternative to Personal Guarantees
As outlined in Areopa`s concept, Intellectual Capital could be a suitable alternative to Personal Guarantees:
AREOPA's approach to replacing PGs with ICGs (Intellectual Capital Guarantees) requires placing a Knowledge Manager Inside the borrowing company to ensure that their key knowledge is captured, controlled and commercialised beyond its current use. There is a legal and commercial arm's length distance between the Knowledge Manager Inside and the lender, to better ensure against a lender who is more interested in cashing in on the knowledge than simply benefiting from the interest on the loan.
We are seeking resolution for all cases.
This is for general information purposes and should not be relied upon as legal advice because it does not consider or take into account your own personal circumstances. If in doubt, seek legal advice.