untenable position help needed

[oakfield]

hi all,

I am at court soon regarding an ex empolyer (I was actually self employed but contracted to them) They are a mortgage brokerage, I was a mortgage broker

the company are trying to clawback commissions paid (I havent got a problem with this) as clients cancel life insurance.

The position the company have placed me in is this
I had to return all client details and destroy all records under the data protection act as I was leaving the industry.
The responsibility to look after the clients became the brokers as I was no longer allowed to under fsa regulations.

The brokerage failed to service the client and has always maintained it to be my responsibility, they have always informed me of a client cancelling a contract but never provided me with any contact details even though I requested it in writing 4 times.
they wont supply me with the client details as they would breach the data protection act. They should also be fully aware I would be in breach of FSA regulations if I did try to continue to advise the clients.

I am in an untenable position.

Can anyone give me any suggestions I am particularly interested in finding any relevant case law to quote regarding untenable positions

thanks all

[Caspar]

Re: untenable position help needed

There's loads of case law relating to untenable positions, but nothing I can find that is anything even similar to your situation. Surely a court will see that your position is impossible. It must be a reasonably common occurance - what do other companies do? Can you find out?

[WendyB]

Re: untenable position help needed

What exactly are you in court for? What are their POC? I presume you are the defendant, not the Claimant?

If you could post up a bit more info on the situatinthen some of the legal bods might be able to advise.