Established in 1992

What does IBAS Membership Offer You

The reasons why you need IBAS for your business banking dispute

Summary

IBAS has 27 years of continuous business banking dispute investigations and negotiations experience with all major UK lenders and we provide professional, confidential guidance and direct assistance to directors and proprietors who initially email us their business banking dispute/s information.

IBAS has acquired specialist business banking knowledge from the many IBAS investigations of UK business banking account disputes since 1992. Our investigations have provided us with experience and depth of knowledge which no other organization 'acting' for business banking customers can match.

IBAS business banking account investigations experience, our expertise in analysis of business bank loans, business bank current accounts, business banking contracts, business banking account facilities plus our knowledge of business banking debt recovery strategy - has provided us with expertise in utilizing our specialist banking knowledge. That is often the key to our members success and instrumental in almost miraculous settlements for IBAS members.

There is no other non - profit UK organization providing independent and specialist individual business banking advice and specific assistance to members.

IBAS business banking dispute knowledge and negotiating experience also provides IBAS members with a proven strategy for business banking claims and can provide defences to business banking debt claims.

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IBAS website was launched in 1998 to help UK businesses with banking disputes.

(see BBC publication with link to IBAS in 1999) at: Your Money Not a moving account  - BBC 22/07/99

IBAS has been featured on BBC TV, BBC TV News, ITV News, Meridian TV and Sky TV News since 1992 and also contributed banking editorials and business banking articles for the Sunday Times, Times, Daily Mail, Daily Express, Telegraph and Daily Mirror.

In detail:

1. IBAS obtain business banking information directly and indirectly from banks or lenders which is held in IBAS archives for IBAS use - which means that 'concealed or witheld' bank information can be used for members in resisting the claim or used by IBAS negotiating the claim away or reducing it's value - which would not have been possible without IBAS archived information.

2. IBAS is totally independent and since 1992 has acted for UK businesses in numerous business banking investigations across all industries. IBAS investigations of business bank account interest overcharging means that IBAS will provide a very strong negotiating position for 'bank overcharging' cases and also that information and evidence can then reduce connected business banking debt claims.

3. IBAS information and experience has been gathered from many years business banking account ‘case work’ and from very detailed banking investigations of business banking and corporate debt claim information.

4. IBAS also gathered unique and confidential information then validated by the Cruickshank Treasury Review in 2010. All UK banking information gathered then and since is used by IBAS in providing professional business banking assistance to members.

5. For several years IBAS regularly met with business banking debt recovery 'teams' to negotiate large numbers of business banking debt dispute cases.

6. Experience gained by IBAS from the great many meetings with bank debt recovery teams negotiating Business Banking dispute cases has enabled IBAS to 'understand' bank debt recovery team strategy and also their willingness to exploit individual weaknesses.

7. When IBAS provides a response to the lender you're better protected from Bank 'bullying'.

8. IBAS members therefore have a great deal of information and knowledge which is available to IBAS for use on your case from IBAS archive of business banking cases investigated in our 'case work' since 1992. That information provides unique in depth knowledge and information on individual bank Debt Recovery Units.

9. IBAS members are provided with individual business banking assistance, guidance and support from a unique experienced, specialist, confidential, professional, business banking advice organisation – which automatically reduces stress for our member.

10. IBAS questions to lenders are 'focused' by IBAS experiences in dealing with a great many similar business banking debt cases on the correct areas of complaint for your case.

11. IBAS requests for banking information will allow IBAS to identify precise direction of your case and evaluate possible defences and/or counterclaims if they exist.

12. Bank recovery action are inevitably slowed when IBAS request specific information from the bank - but otherwise it will not be provided or 'shown' by the bank. That also allows IBAS to verify bank/lender claim on security and we can focus on eliminating or reducing business banking debt claims.

13. There are considerable and significant cost benefits by using IBAS for a business banking dispute as IBAS strategy is to obtain all information from banks - our specialist, experienced examination of case papers often nullifies very costly solicitor's fees or requirement for a barrister in 95% of cases.

    a) IBAS will evaluate demand claims for an economical cost

    b) IBAS provide very experienced input on your options as information is gathered

    c) IBAS has the experience to negotiate majority of business banking debt claims

    d) IBAS has the experience to focus on important specifics and assess legal options

    e) IBAS has the ability to provide concise briefing for barristers – if necessary

     

14. In our experience and also in the current 'climate' - it is very unwise to instruct a solicitor in the early stages of any bank demand – doing so is expensive and counter productive on costs and value. Solicitors instructed in the early stages of a business bank debt claim or demand inevitably 'trigger' the bank instructing their legal advisors – provoking early escalation to a legal debt claims plus additional legal costs.

15. IBAS examine Director's Personal Guarantee debt claims or business banking debt claims for validity and defences against 'new law' and existing case law. Banks ignore new case law which is not to their benefit but IBAS will evaluate whether that case law provides assistance in disputing the bank's claim.

16. IBAS will establish how business banking debt claims/banking disputes can be resisted, diminished or negotiated.

17. When IBAS negotiate a compromise position – that decision to not proceed with litigation will be cemented into an agreement by the bank and IBAS to end that claim.

19. We do not share IBAS internal research/investigations information with any entity.
    

20. IBAS is a national organisation which means ‘local’ bank pressures and bullying are removed.

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Why you need IBAS to help you:

Banks will only produce documents which they rely on for their legal claim on you - therefore, it is vital that your 'advisor' knows exactly which documents banks will attempt to hide.

We know (from cases we have received) that many cases have been lost due to their 'advisor' not having the knowledge of the lender's debt recovery operation or information which they continue to conceal.

If you truly believe you have legitimate complaints against your lender within your business banking dispute or your business banking account debt dispute then IBAS knowledge and our bank information from current and historical case work since 1992 is essential.

Historical banking documentation & Historical Bank Regulators and regulatory ‘positions’ - The knowledge gained from many thousands of business banking agreements and contracts over a long period of time by IBAS carrying out extremely detailed business banking case investigations has provided our investigations team with the ability to ‘pick up’ unusual or abnormal banking acts or ‘procedures’. The unusual aspects then alert us to the requirement for a deeper forensic examination of the events surrounding the ‘unusual aspects or procedures’. Obtaining only bank information which the lender want you to have is not just 'sloppy' it can be disastrous, not for the advisor - but for you.

Unfortunately, some 'other advisors' (despite the hype on their websites) just do not possess the width of experience of the unusual or abnormal banking acts or ‘procedures’ nor the ability to properly investigate business banking debt claims.

Not possessing the necessary experience also means that debt claims are not properly investigated and then the correct position cannot be evaluated.

The 'end result' for many who receive poor or inadequate 'advice' means they may make 'proposals to pay' based on incorrect information and in doing so they may then also lose possible defences - which may further 'impact on them' by losing their home.

An IBAS member wrote in: "Just for information we have recently reduced the balance outstanding to the bank and now have a better relationship with a new manager who many times, has apologised for the actions of others that have gone before him. We would like to thank you for your assistance in bringing the matter with the bank to a conclusion. It would have been far easier if we had known about your organisation in the first instance and the corner the bank backed us into would probably never have transpired.

We could not recommend strongly enough to anyone struggling with the overzealous banks how helpful IBAS have been. When we consider how the bank treated us when we hadn’t done anything wrong, never missed a payment and had good loan to value rates, I can only surmise how aggressive they must be to others.

Once again many thanks for the help IBAS have given us both over the past two years. In the nicest way we hope never to require your services again! "- GL

Many solicitors and barristers have approached IBAS with ‘cases’ since 1992 - with many clients claiming the bank had acted dishonestly, incorrectly or very badly to the customer’s financial detriment - often factual information was lacking and IBAS business banking investigations were required to provide both facts and precise calculations to prove the facts.

Example One: Home possession case: The bank sought possession of a business owner’s home on the basis of an amount they claimed was owed to the bank after demand on a personal guarantee debt which was supported by a bank mortgage over her home. However, the customer believed the debt was inflated by bank overcharging. The barrister sought the facts to undermine the bank’s case for possession. IBAS carried out calculations requested by the barrister to establish the charging for the previous six years based on the banking facilities provided by the bank.

IBAS investigation of the 6 years of business bank statements and facilities up to the bank’s demand showed no evidence of overcharging. However, our team perceived anomalies just prior to the six year period and we requested the barrister’s instruction to proceed further.

Our further investigation beyond the six years proved that the bank had been overcharging interest on balances and that the bank had inflated the balances shown by previous overcharging.

Therefore, the debt claimed by the bank was totally incorrect and there was a substantial defence to the debt the bank were claiming.

Conclusion: The overcharge and the defence to the bank’s claim would not have been apparent or available without IBAS investigations - which then provided the evidence for the barrister to counter the bank’s claim.

IBAS involvement as a truly independent banking investigator can determine the best route for the customer.

Example Two: Mrs H was deceived by her husband who borrowed funds against their home and the bank attempted to enforce against the wife for the secured debts on their home because of the husband’s business debts. Mrs H was introduced to a solicitor by CAB but he had proved to be ‘unable’ to protect her position and his competence was questionable. IBAS investigation of Mrs H’s position led us to conclude that her case was much stronger than her solicitor had attempted to put forward and her solicitor appeared to be accepting the bank’s position much too easily. Our conclusion was that she required much better representation and we offered our assistance. The case was eventually heard in the Supreme Court and Mrs H then won her case on appeal.

Conclusion: IBAS knowledge, input and guidance was instrumental in this case eventually reaching a successful conclusion in the Appeal Court.

Banks and bankers no longer ‘enjoy’ the status of being automatically trusted as professionals.

If you have a business banking case and are being threatened by the bank’s ‘recovery team’ with a legal claim based on the bank's claim or demand or by Receivers or LPA Receivers an IBAS investigation will substantially improve your chances of obtaining the best possible result for both you and your business.

Changes to regulation and bank regulators - voluntary codes of conduct - Bank of England - FSA - FCA - IBAS have been around for all of those regulatory changes and we have recorded the changes as they occurred for our own records and IBAS use in business banking case work. In some cases that specific knowledge has been the vital cog in the wheel of resolution.

IBAS aim to provide good specialist advice and resolution and when IBAS is involved immediately after demand for payment by a bank, our aim is to gain all information which we know is necessary to assess legal arguments - against existing case law. IBAS lay the 'groundwork' for successful defences or banking claims by first preserving any defences which then exist and yes, we have assisted in many cases which have been won by our members after litigation in the County Court, High Court and the Court of Appeal.

ILA (independent legal advice) Confirmation Certificates - provide banks with additional assistance. Banks and other lenders rely heavily on a solicitor providing them with their signed confirmation that they have provided independent legal advice to the bank's customer - which if correct then prevents the customer saying later that they relied upon bank advice or misrepresentations prior to signing documents. But, in our investigation those specific documents may not be what they first appear - as banks are required to provide truthful information for ILA to be properly obtained - IBAS has found that careful investigation can find an ILA Certificate to be unreliable.

Waiver of ILA (independent legal advice) - bank customers signing a waiver of ILA provides the bank with confirmation that the customer has been offered ILA but has refused ILA (by the customer signing the waiver). Banks and lenders use the signed ILA waiver document as evidence of their security position and in order to eliminate many of the ‘misrepresentations’ claimed by bank customers. Again, the ‘waiver’ may not be what it seems - IBAS investigations have provided evidence to discount dubious ILA waivers.