Fraud and Deception committed by Lloyds TSB

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All the above JKI properties and developments lost due to Lloyds TSB Bank Plc fraud and deception.

THE ENGINEERED INSOLVENCY OF JK INDUSTRIES LTD GROUP OF COMPANIES AND MR JOHN DAVID BARLOW BY LLOYDS TSB BANK PLC

For further information or explanation about this fraud please use the contact link to e-mail Mr. David Barlow.

New damning evidence has been uncovered against Lloyds TSB Bank Plc and their creative accounting and fraudulent actions against JKI and Mr. John David Barlow
This website has been updated 1st June 2009 with further updates to follow.

Amendment 6th August 2009 Update - On 31st December 1990 Jollife & Co Solicitors of Chester, were commissioned by Lloyds to aquire the purported Deed of Priority and charge against the Bewsey Road site. The purported Deed was not signed on behalf of the Bank until after the Bank had crystallized the purported debenture granted to it by JKI Ltd on 7th December 1988 without my written consent as mortgagee and first lender. The purported Deed remains undated and unsealed by the Bank. I have never received my part. The only relevant date was 7th December 1988, the date of the purported debenture. The charge against the Bewsey Road site was for the purchase price £700,000 which the Bank had agreed to release funds for. The Bank funded the purchase by use of capital previously loaned against its specific purpose commitments. Page 11 of updates, segmentation of group overdraft account balances close of business 13th December 1990 details Bank was loaning the £700,000 against these commitments. It also shows by 18th January 1991 this had reduced by £700,000 and was not reinstated. This is verified at page 12, Principal funding by Bank. The Bank utilised the reduction to fund loan to JKI for Bewsey Road purchase on 21st January 1991 and so gain a charge. This was achieved by Groups trading deposits being credited to the same account as the debits against the Banks specific purpose funding commitments. No specific account had been created by the Bank for its specific purpose funding commitments.
View document here.

The honourable Mr Justice Lloyd (as then known) The Judge in the priority action No. 007580 of 1993 (Barlow v Lloyds) was and is a direct decendant of the co-founders of Lloyds Bank, and clearly proud of the fact. Clearly this a conflict of intrests.

As debenture holder I granted permission to the bank to operate the accounts of the companies on the 15th December 1988 this was hand delivered to the bank manager, Chester Branch, and this document was not produced in discovery by the bank in the priority action.

Motive for the Fraud

Barlow had been granted a Debenture fixed and floating by JKI in August 1987, which charged all the assets present and future. Barlow’s permission as Mortgagee was required in writing prior to JKI granting further Debentures or securities.
After commissioning a search against JKI at Companies House, the Bank received a certified copy of the Bar low Debenture in November 1988.
(See Salomon v Salomon & Co, 1897, House of Lords Ruling - once a Company is incorporated, it is an artificial person with its own legal identity and able to contract with a member however large the proportion of shares or debentures owned by that member and though that member as Governing Director has control of the Company’s affairs, its acts are not the members acts nor its liabilities the members liabilities).

Engineered Insolvency - Technically the Bank had no securities.

7th December 1988, Bank offered facilities to the JKI Group and in return it required a Mortgage Debenture and First Charges. JKI granted the Debenture without the written consent of the Mortgagee, Mr. Barlow The Bank accepted the Debenture under these terms, but deposited it at Companies House on 19 December 1988. No Certificate of Registration pursuant Section 401(2) of the Companies Act 1985 could be created by the Registrar as set out above.

The Bank commenced using the Companies’ own monies to lessen its own exposure and effect the insolvency of the Companies in January 1990. By September 1991, the Bank was stealing £4.878m of the Companies’ own monies and therefore obviating the need to loan an equal amount.

Winding-up petition presented against JK Industries Ltd by Petitioner - Redirack Ltd - 29 August 1991. (Petition dismissed by the Court). No publication. None of JK Industries Ltd’s bank accounts were frozen by the Bank. JKI had a legitimate counterclaim against Redirack. The Action was transferred to the Queen’s Bench Division, in the High Court London. The Bank continued to misappropriate the Company’s own funds.

Trespass

The Bank appointed purported administrative receivers (partners of KPMG, the Bank’s auditors) on 14 November 1991. This was and is trespass, a criminal act, which is verified by the fact that a Court Action took place (Priority Action No 007580 of 1993).

Judicial Complicity

Defective Court Order 11 March 1992 purporting that JKI Limited be wound up by this Court. The Order is defective, as it is an Order originating from a Winding-Up Petition presented 29.8.91 by Redirack Ltd, which had been dismissed by the Court.
The Order had the affect of converting the trespassers into receivers.

Summary in chronological order of court orders as direct consequence of Defective Court Order 11 March 1992 (October 1993 to 30 June 2008).

The Fraud Continues

To date, the fraud continues, as the Bank continues to utilise the stolen monies.