Luxury bag and box company breach of contract

[billybobyeeharrboy]

Hi there

 

My friend has been taken in by someone offering them 2000 custom made luxury bags at the cost of £2352 which she has paid by bank transfer.

 

There was a verbal agreement that the bags would be ready in 8 weeks (I think)

 

my friend paid the chap through a bank transfer and has not received anything and now has found the chap UN-contactable!

 

The chap is in breach of contract (potentially) there is nothing in writing other then the paid invoice (attached).

 

Can anyone recommend what the next steps are?

 

My friend no longer wants the bags as it has been over 4 months and the bags are never going to materialise. They simple want their money back!

 

so far all we can find is as follows:

1. www.luxurybagbox.com

 

2. http://companycheck.co.uk/company/08845400/LUXURY-BAG-AND-BOX-LIMITED/directors-secretaries

 

3. http://wck2.companieshouse.gov.uk//compdetails

 

Any information, help, advice is greatly appreciated

 

Regards

 

BB

Edited December 17, 2014 by billybobyeeharrboy

[griffzilla]

Is 1 the company your friend used and was invoiced by?

[silverfox1961]

Hi,

I do have to ask this. Was your friend contacted by the company or did he contact them via the website? If he was cold called then I suspect a problem.

The site has been around less than a year.

 

As for paying via bank transfer. If this is a s cam then it is likely that he has lost the cash.

[billybobyeeharrboy]

Is 1 the company your friend used and was invoiced by?

 

Hi there,

 

yes 1 was the company that my friend used.

2&3 are the company details for 1.

 

Regards

 

BB

 

I have edited the original post to add in a copy of the invoice that was sent and got paid.

 

There is a VAT registration number

 

Regards

[stu007]

Hi could you please answer post#3 question, was he contacted by the company directly? or did he contact them via their website? or was he Cold Called supposedly by someone from this company?

 

Have you written to the companies registered address enclosing a copy of said invoice asking for clarification?

[stu007]

Ok just had a good look at the invoice

 

1.The Sort Code is Barclays Bank PLC, Worcester, Leicestershire, LE87 2BB You can verify this here: http://www.paymentscouncil.org.uk/resources_and_publications/sort_code_checker/

 

2. The SWIFT CODE is Barclays Bank PLC you can verify this here: http://ask.barclays.co.uk/business/general_info/swift_code

 

3. IBAN this I cant verify.

 

This doesnt mean this invoice is correct by any means and I would also check this with Barclays that all those bank details are actually correct.

[steampowered]

The first thing is to see if you can get a response from the company that issued the invoice. You can start this off by writing a formal 'letter before claim' explaining that the company is in breach of contract, setting out what happened and explaining what you want the company to do. If there is no response then you can issue a small claim against the person who sold the bags and/or the company through the county courts. This sounds scary but it is actually quite easy.

 

The problem is whether the company will pay up. If the company is just a shell, then it might not have any assets. If you get a CCJ you could send bailiffs round to their address but who knows if they actually have a business there.

 

The good news is that you have bank account details. If the company refused to pay you could get what is called a third party debt order, ordering the bank to pay the amount in the account to you. However this would only work if the account still has money in it.

[silverfox1961]

I have just used a bank account validity checker and it comes back as a good account with Barclays so all looks OK so far but until you get a response from the company, you are still in limbo

[billybobyeeharrboy]

Hi,

I do have to ask this. Was your friend contacted by the company or did he contact them via the website? If he was cold called then I suspect a problem.

The site has been around less than a year.

 

As for paying via bank transfer. If this is a s cam then it is likely that he has lost the cash.

 

The bag co approached my friend, they came into the shop in June.

 

Only have only ever had 2 emails from them

one was for the quote where 50 per cent deposit was paid

 

The other was with a proof of the bag where the next 50 per cent was paid, this was in September and they have been silent ever since.

 

Regards

 

BB

 

Hi could you please answer post#3 question, was he contacted by the company directly? or did he contact them via their website? or was he Cold Called supposedly by someone from this company?

 

Have you written to the companies registered address enclosing a copy of said invoice asking for clarification?

 

Hi Stu

 

The bag co approached my friend, they came into the shop in June.

 

Only have only ever had 2 emails from them

one was for the quote where 50 per cent deposit was paid

 

The other was with a proof of the bag where the next 50 per cent was paid, this was in September and they have been silent ever since.

 

In responses to your second question I have yet to write to companies house, please could you elaborate on how I would go about this and what this could achieve?

 

Regards

 

BB

[silverfox1961]

Send a photocopy of the invoice to the registered address to see if it is one of theirs or whether your friend has been fooled.

 

Basepoint Bromsgrove, Isidore Road, Bromsgrove, B60 3ET, United Kingdom

 

 

Registered Address: Basepoint Bromsgrove, Isidore Road, Bromsgrove, Worcestershire, B60 3ET

 

Read more at: http://companycheck.co.uk/company/08845400/LUXURY-BAG-AND-BOX-LIMITED/directors-secretarie

Basepoint Bromsgrove, Isidore Road, Bromsgrove, Worcestershire, B60 3ET

 

Read more at: http://companycheck.co.uk/company/08845400/LUXURY-BAG-AND-BOX-LIMITED/directors-secretaries Basepoint Bromsgrove, Isidore Road, Bromsgrove, Worcestershire, B60 3ET

 

Read more at: http://companycheck.co.uk/company/08845400/LUXURY-BAG-AND-BOX-LIMITED/directors-

[Jackjones2000]

Be warned this company used to trade under the company name packlyn limited which has now gone under I believe

The father started the business in the 80's and if had been bankrupted few times over and other similar named companies had been started up for the son to take over and run to the ground

Now they ditched and set up this luxury bag and box company only to go the same

Con people of monies and supply bags that clients have paid deposits for

 

Pm me billy

[honeybee13]

Pm me billy

 

Hello there. There shouldn't be any need to deal by PM here. Also, with your post count you can't send or receive them. Please continue to post on this thread.

 

HB

[Jackjones2000]

Ok no worries

 

I have a friend who has also experienced bad experience with this company

 

It's a shame companies if you can call them that can still operate like this for many years

 

Seems they know what they are doing in two things only

 

How to con people out of money

And how to get away scot free

 

Why is it this can be done to innocent people who have saved and worked hard for their own businesses only to be ripped off by people like them ?!?!,!?

 

Any advise how to stop them from carrying on doing this

 

Seems to me as soon as they are getting caught with ccj and letters from courts

they dump the company n start a new one before they get declared bankrupted

so can stil own a company

 

If they dump this company then it will only switch back to the father from the son as the son took over the business only becsuse the father declares bankruptcy

[billybobynumeroduo]

Any advise how to stop them from carrying on doing this

Seems to me as soon as they are getting caught with ccj and letters from courts they dump the company n start a new one before they get declared bankrupted so can stil own a company

If they dump this company then it will only switch back to the father from the son as the son took over the business only becsuse the father declares bankruptcy

 

 

Hi Jackjones,

 

thanks for commenting on the thread:

 

a couple of questions:

 

How was your friend effected by the 'company' in question?

 

Did they follow any kind of recourse against said 'company'

 

Regards

 

BB

[steampowered]

If a company is being used as a device to commit fraud - i.e. to receive payment for goods with the intention of moving the money out of the company and then letting it go insolvent - the responsible individuals can be sued personally.

[ejh2015]

hi,

 

We've also been left with no bags but paid him money.

 

It's been already over 6 months since he visited us and no samples or bags have arrived.

 

I know that another company that dealt with them is actually taking on a solicitor to deal with him.

 

i also know from facebook that this guy is buying himself new flats and cars.

 

If you can advise what can be done in such situation that would be great.

 

We've paid him by bacs so i do have a proof etc

 

- and obviously the invoice and some email correspondence.

 

hope to hear from you soon

[steampowered]

You have two options:

 

 

1) Do nothing.

2) Launch a county court claim against him.

[lulubell41]

The same thing has happened to us.

Matt Lynas and Paul Savage have taken over £3000 and we have seen nothing from an order placed over 9 months ago.

 

Our order was taken after the business went into dissolution - is this not fraud in itself?

 

He is a professional conman and has done this with a number of companies

- he has now already moved onto a new company Fair Utilities Ltd

so no doubt is about to do the same thing to more innocent people.

 

For starters would suggest reporting him to Trading Standards.

 

Is there not any limit to how many times one person can do this to a business they are director of?

 

Would appreciate any feedback, thanks.

[silverfox1961]

Hi and welcome to CAG

 

According to the Companies House website, the luxury bag and box ltd was dissolved two days ago (1st)

 

As for fair utilities, Matt Lynas has resigned as a director and (based on dates of birth) his father is running the business now.

 

I would report them to Trading Standards. As for getting your money back, I'm afraid I have no clue as it was a limited company.

[steampowered]

The same thing has happened to us. Matt Lynas and Paul Savage have taken over £3000 and we have seen nothing from an order placed over 9 months ago. Our order was taken after the business went into dissolution - is this not fraud in itself? He is a professional conman and has done this with a number of companies - he has now already moved onto a new company Fair Utilities Ltd so no doubt is about to do the same thing to more innocent people. For starters would suggest reporting him to Trading Standards. Is there not any limit to how many times one person can do this to a business they are director of? Would appreciate any feedback, thanks.

 

My answer to this is the same answer I gave to the other poster back in February.

 

You do have an option. Your option is to sue this man, personally (not his dissolved company), through the county courts. You can start a claim through the government's money claim online service.

 

The legal basis for your claim would be the 'tort of deceit', also known as civil fraud (https://en.wikipedia.org/wiki/Tort_of_deceit). You would need to prove that the person you dealt with caused you to part with your money by making a representation, which he knew to be false. If this person accepted an order from you and sent you an order confirmation, knowing full well that the bags would never be delivered and that the business was not operating legitimately, then this person will be personally liable for that fraud whether or not he took the money through a company.

 

It is worth making a complaint to Trading Standards, but this is very unlikely to result in you getting your money back. If you want to ever see that money again, I think you need to go through court. Issuing a claim is quite easy to do and you do not necessarily need to use a solicitor.

[WF74]

Hi

 

I own a small flower shop in London and myself paid a hefty deposit for bags and delivery boxes to the Luxury bag and boc co Ltd.

I did have alot of discussions over phone and email as well as a few quotes and the final invoice which I paid against. They also sent me various bag samples.

Of course they (Paul Savage and Matt Lynas) told me only bacs was there payment terms. Now I know why. Bacs is like paying cash, the banks can not protect bacs payments at all. If it were cheque or card they could of helped.

 

The same as your friend all the numbers now never answer, the emails are ignored and now as of the 1st of September the Limited company has been official dissolved by Company house.

 

I am wondering if your friend did retrieve any money back? Or if she is still trying to? I would love to join forces in getting our money back....

[steampowered]

I am wondering if your friend did retrieve any money back? Or if she is still trying to? I would love to join forces in getting our money back....

If you would like to get your money back by bringing a claim against this person through the county courts, we can help you do that. If you want to consider doing this please start a new thread in the "General Legal Issues" forum giving the full backstory.

 

A pressure group can be great for providing support, but our experience on CAG has been that you will struggle to get your money back that way. Ultimately, the best way of holding these people to account is for individuals to bring county court claims against this person to get their money back.

[lulubell41]

Would it be worth grouping together to at least approach trading standards/reporting them as individuals to stop them doing this to others or get them struck off?

 

This is the route I am looking at...

Strength in numbers, and more likely to be taken seriously or investigated?

 

Hope it's ok to post this

- Just as a heads up to anyone that has dealt with this company

- a case is being brought against Matthew Lynas and Paul Savage of Luxury Bag and box Co by West Mercia Police

 

- so if anyone had information they would like to be considered,

best to contact them with details

 

. It seems enough businesses have reported fraud for it to warrant investigating.

 

Hope that might help those of you that have been conned by these guys. Good luck

[billybobyeeharrboy]

Hope it's ok to post this - Just as a heads up to anyone that has dealt with this company - a case is being brought against Matthew Lynas and Paul Savage of Luxury Bag and box Co by West Mercia Police - so if anyone had information they would like to be considered, best to contact them with details. It seems enough businesses have reported fraud for it to warrant investigating. Hope that might help those of you that have been conned by these guys. Good luck

 

Thanks for the update, very kind of you. Yes my friend was conned out of a couple of grand.

 

May I ask how you have come by this information.

 

Do you have a contact name etc at W.M.Police?

 

Regards

 

West Mercia can bring a case against these conn men, but then where is that going to lead to and also how is it going to help people get their money back?

[billybobyeeharrboy]

update to this thread, we do now have a court date set, and will post the details up or pm them if some of the effective parties are reading this you are more than welcome to come along.

 

Regards

 

BB