Log Book Loans Again....

[nathian]

Hi all,
we had a log book loan on our car in July of this year. After losing my job we fell behind with payments, and after numerous letters costing me £20 each, we had a visit from a "recovery agent" today, who came to remove our car. After being sympathetic to our problem and seeming a nice guy, we let him come in while we tried to resolve the situation with Lbl ltd. On the phone they basically said that if we didnt pay £970 right now, that the guy will take the car.

So, i accidently locked the guy in the house while my partner decided it was a good idea to just drive off in the car for a bit, until we had time to find out where we stood....Thinking the car had gone, i managed to find the keys and let him out the house, but the missus hadnt driven off yet, he had parked his van on the road, which was kinda blocking our route away, and the missus managed to squeeze the car safely between his van and some bins. Unfortunatly the agent thought he could stop my partner from reversing by pushing against the car while she did this careful manouvre...and very slowly she drove off down the road leaving a frustrated agent shouting to me that he was getting the police involved.

After around an hour of us just driving around thinking what to do, i thought it best for me to go back home to see if the agent was still parked outside our house, only to find the local police parked up with him.

Now the guy is saying that my partner badly hurt his leg, and tried to run him over, and he's doing her for ABH!!!!

Its obvious that she didnt do any damage, as he was only limping AFTER he came out of the police car. Well, we have just got back from the police station, after they let my girlfriend out on bail... and i have been reading some of the threads on here. I have phoned up log book loans and told them that the contract is not legally binding and that we will be in touch with the Trading Standards about the high APR etc etc.

Whta i want to know is, where do we stand now? what can we do if anything to stop this car being taken (not that the agent will be coming back...) do we have a leg to stand on???

Please help!!

[hagenuk]

Whta i want to know is, where do we stand now? what can we do if anything to stop this car being taken (not that the agent will be coming back...) do we have a leg to stand on???

Not in the road behind any car with your girlfriend at the wheel I'd suggest!

I'm sure someone with knowledge of Log Book Loans will be back to you about this - regarding the ABH charge, it would be difficult to substantiate unless there was some real injury that could be demonstrated and linked to the actions of your girlfriend.

[clanger]

Hi

I had the same problem with this company. I was off sick for 4 weeks and didn't earn any income. I contacted Logbook Loans and explained to them that, as it was the last payment on my loan, would they be able to offer me an extension of 1 month so that i could work and earn the money that was outstanding on the last payment. I was assured that this would be fine and that the £370 payment would be payable in 4 weeks time.

5 days later bailiffs turned up at my work and demanded £750 or the car goes!!

I phoned Logbook Loans and they denied ever having the conversation with me and said that it was now out of their hands and that the money was owed to the baikiffs and not themselves. I had no choice than to borrow the money from a memeber of my family and pay it.

I'm now trying to find out if there is anyway that i can claim back the bailiffs charge or is it that this bullying is all legal?

They had the cheek to send me in the post yesterday an advertisement offering me a loan for xmas.............are they serious????

[meggyweggy]

Log Book Loans destroy and ruin lives and that is just putting it nicely. I would not believe anything i am told when speaking to them on the phone and good luck getting them to reply to any snail mails sent.

Anyway to help you, first of all seek legal advice, do you take the offer of a solicitor whilist she was being interviewed under caution. If not seek one straight away. Secondly do not have any contact with the Baliff in question, hopefully he will just stay away or the company should they need to send anyone they will send another one.

Report them to trading standards for there practise I have and they are very interesyted in that sort of thing. Best advice with regards to ABH charge is GET a solictor as they will request his statement, medical reports and all that

[nathian]

Thanks for your reply's, i appreciate them all. I now know not to go with ANY loan company at all, it was just a rash decision made at a very hard time for us. The Recovery Agent had a bit of a red mark on his leg, and considering there was only me as a witness, i can't see anything coming of it.

As far as i am aware, the case is going to the CPS (crown prosection service?) Will it be thrown out for lack of evidence, or will she have to go to court still? As far as i can see, my statment, although will be taken... will not be any good due to the fact that it could be leaning in my partners favour. Its obvious that the guy gets paid per car seized and due to the fact that he wasn't getting ours...was a bit p****d off...and needed some way of getting us back.

[meggyweggy]

Hopefully it will be thrown out and yeah from what i can gather they are paid by the car. The best thing to do is if they do take it to court make sure you get a solicitor as they will rip through everything

[nellie75]

omg things get worse than ever with this company. So sorry somebody else now involved with them.

I have said it before than their intention is to repossess every car they loan upon, there is no other reason for the bully boy tactics, denying phonecalls (every single one i have ever made to them) and complete lack of customer service. They make it so difficult to pay and and don't offer any help or express any sympathy when things go wrong and when they do they have tunnel vision to get the car no matter what.

In regards to what happened with the 'balliff' and the injured leg this is absulutely unbeleivable and makes my blood boil. My partner was ran off a busy public road and nearly caused a crash. I have since found out that only police and DVLA marshalls in extreame curcumstances have the power to aquire a car on a public highway. Even when we called 999, one lie from balliff saying he had a court order they gave him permission to take our car. Even though he was driving dangerously and acting like he owned the road and our car the police where treating him as one of them. I have a complaint in agaist the police about all of it.

In regards to your partner being charged with ABH etc I think is terrible and its so obvious the balliff is trying it on and is obviously not a happy bunny that you got one over on him!!! This will be thrown out of court, he actually tried to stop the car by leaning on it so in effect its his own fault, not many people try to obstruct a car in motion then call police complaining they have been hurt!!! i am so suprised the police took it seriously, they didn't want to know in our case.

The problem is that LBL consider a car to be their property from the moment loans are taken and they seem to enjoy reminding you of that.

Has anyone got copies of the loan agreements they signed and this 'bill of sale' they say gives them so much power?? I can't get my hands on mine and they are ignoring me and my solicitor and not providing them.

[nathian]

Hi nellie,
I have been reading every single post about log book loans and i know what trouble you have had with them. Firstly, i am so sorry about what has happened to you, people could say its our own fault for getting ourselves into this mess, but difficult times sometimes call for desperate measures.

Something needs to be done urgently with this company. They seem to have a rule book of their own! From what you have explainded to me, the car should not have been taken witout the bailiff producing the documents there and then! Secondly, as the police told us today, its really a civil matter, not a police matter, and the police should not have agreed with the bailiff, and obviously, after watching the report on telly about bailiffs, they can say anything they want to the police, as they are not trained to deal with these type of circumstances.

We aremore bothered about NOt letting them take the car than the ABH charge, nothing will come of it becuase there are no marks exept a bit of redness on his leg, and NO witnesses either. Im off to see the C.A.B tomorrow to see where we exactly stand, and im going to write to LBL to ask them for proof that the "bill of Sale" is registered in a high court....??

Our next step is to take people like us, and try and group together to get somebody in the media to take an interest in our cases. I am also considering just paying small amounts off on our "payment book", surely that means that we are trying to pay the loan off, and have actually made an offer to pay. Only trouble is we have recieved a default notice, so i dont know whether that will be any good...

[nellie75]

Thanks nathian, i have been through a nightmare with this company but i am getting there and i am so sorry you are going through what in did.

I totally agree, you have nothing to worry about regarding the ABH charge, although it must not have been nice for your partner to go through interviews with police etc and you are right, the police will always say its a civil case and don't seem to know the law regarding these matters. Can i ask which balliff company it was that came out? They are on a power trip most of them and will try every trick in the book to get the car and stack up their commission for the day.

As regards to them actually taking your car, i have been in this situation, i was even sending them cheques and they were not being cashed and i tried to reason with them. Sad fact is that they will stop at nothing and i don't trust them. Have they said they will not accept and arrangement to bring your payments up to date? My guess is they want full arrears on repossession? My advise is that you hide the car untill we can find out what power this bill of sale has, they say that it is registered with the high court, now as i understand it the high court then need to enforce the bill of sale in order to repossess the car. I am unclear what registering a bill of sale in the court actually means but i am very close to finding out, as soon as they supply documents to my solicitor and when i find out i can let you know. We suspect it is purely to register and interest in the car with the court but i am quite sure they need to enforce it after that. In the meantime all i can sugest is hiding the car.

I will let you know how things progress with me and hopefully i can help you along the way, i have had huge problems finding the right solicitor and its only now things are starting to happen.

I totally agree that we need some media attention regarding this company and I am willing to team up to do this. LBL target the most vunrable people and I felt embarressed to have dealt with them and most people do so don't want speak out about it, i think thats how they have got away with it for so long.

[actionblusox]

Iwill also team up.
these scum are thinking this is a game...
and if possible i will sue the directors in whatever way i can, to bring criminal charges for discrimination, harrassment and breach of human rights. and hopefully they will get a nice warm cell to b*m each other......... so the more posted info the better..

[nellie75]

Originally Posted by nathian

Hi nellie,
I have been reading every single post about log book loans and i know what trouble you have had with them. Firstly, i am so sorry about what has happened to you, people could say its our own fault for getting ourselves into this mess, but difficult times sometimes call for desperate measures.

Something needs to be done urgently with this company. They seem to have a rule book of their own! From what you have explainded to me, the car should not have been taken witout the bailiff producing the documents there and then! Secondly, as the police told us today, its really a civil matter, not a police matter, and the police should not have agreed with the bailiff, and obviously, after watching the report on telly about bailiffs, they can say anything they want to the police, as they are not trained to deal with these type of circumstances.

We aremore bothered about NOt letting them take the car than the ABH charge, nothing will come of it becuase there are no marks exept a bit of redness on his leg, and NO witnesses either. Im off to see the C.A.B tomorrow to see where we exactly stand, and im going to write to LBL to ask them for proof that the "bill of Sale" is registered in a high court....??

Our next step is to take people like us, and try and group together to get somebody in the media to take an interest in our cases. I am also considering just paying small amounts off on our "payment book", surely that means that we are trying to pay the loan off, and have actually made an offer to pay. Only trouble is we have recieved a default notice, so i dont know whether that will be any good...

Hiya
nathian

Any updates regarding LBL? Did you go to CAB? Take it LBL ignoring your request for proof of bill of sale etc?

Keep us informed of your progress, if i can help in anyway i will be happy to

Nellie xx

GO ONE BETTER ANS ISSUE A CLAIM FOR EXTORTINATE INTEREST AND UNFAIR CREDIT TERMS, I HAVE AND LETS SEE WHAT HAPPENS NOW.
I have asked that the car be part or a court order and that no action should be taken without the courts prom.

[v_j_r]

QUOTE: "GO ONE BETTER ANS ISSUE A CLAIM FOR EXTORTINATE INTEREST AND UNFAIR CREDIT TERMS, I HAVE AND LETS SEE WHAT HAPPENS NOW" END QUOTE DEATHLORD MUMBLED.

Yep we will have no fear, will come back this time next year se how yer doin?.

[JonCris]

bump

[lookinforinfo]

To those of you who have not seen the Consumer Cedit Act relating to
extortionate agreements.......

Extortionate credit bargains
137.—(l) If the court finds a credit bargain extortionate it may reopen the credit
agreement so as to do justice between the parties.
(2) In this section and sections 138 to 140,—
(a) “ credit agreement “ means any agreement between an individual (the “ debtor
“) and any other person (the “ creditor “) by which the creditor provides the
debtor with credit of any amount, and
(b) “ credit bargain “—
(i) where no transaction other than the credit agreement is to be taken into
account in computing the total charge for credit, means the credit agreement,
or
(ii) where one or more other transactions are to be so taken into account,
means the credit agreement and those other transactions, take together.
138.—(1) A credit bargain is extortionate if it—
(a) requires the debtor or a relative of his to make payments (whether
unconditionally, or on certain contingencies) which are grossly exorbitant, or
(b) otherwise grossly contravenes ordinary principles of fair dealing.
(2) In determining whether a credit bargain is extortionate, regard shall be had to such
evidence as is adduced concerning—
(a) interest rates prevailing at the time it was made,
(b) the factors mentioned in subsection (3) to (5), and
(c) any other relevant considerations.
(3) Factors applicable under subsection (2) in relation to the debtor include—
(a) his age, experience, business capacity and state of health; and
(b) the degree to which, at the time of making the credit bargain, he was under
financial pressure, and the nature of that pressure.
(4) Factors applicable under subsection (2) in relation to the creditor include—
(a) the degree of risk accepted by him, having regard to the value of any security
provided;
(b) his relationship to the debtor; and
(c) whether or not a colourable cash price was quoted for any goods or services
included in the credit bargain.
(5) Factors applicable under subsection (2) in relation to a linked transaction include
the question how far the transaction was reasonably required for the protection of
debtor or creditor, or was in the interest of the debtor.
73
139.—(l) A credit agreement may, if the court thinks just, be reopened on the ground
that the credit bargain is extortionate—
(a) on an application for the purpose made by the debtor or any surety to the High
Court, county court or sheriff court; or
(b) at the instance of the debtor or a surety in any proceedings to which the debtor
and creditor are parties, being proceedings to enforce the credit agreement, any
security relating to it, or any linked transition; or
(c) at the insistence of the debtor or a surety in other proceedings in any court where
the amount paid or payable under the credit agreement is relevant.
(2) In reopening the agreement, the court may, for the purpose of relieving the debtor
or a surety from payment of any sum in excess of that fairly due and reasonable, by
order—
(a) direct accounts to be taken, or (in Scotland) an accounting to be made, between
any persons,
(b) set aside the whole or part of any obligation imposed on the debtor or a surety
by the credit bargain or any related agreement,
(c) require the creditor to repay the whole or part of any sum paid under the credit
bargain or any related agreement by the debtor or a surety, whether paid to the
creditor or any other person,
(d) direct the return to the surety of any property provided for the purposes of the
security, or
(e) alter the terms of the credit agreement or any security instrument.
(3) An order may be made under subsection (2) notwithstanding that its effect is to
place a burden on the creditor in respect of an advantage unfairly enjoyed by
another person who is a party to a linked transaction.
(4) An order under subsection (2) shall not alter the effect of any judgement.
(5) In England and Wales an application under subsection (l)(a) shall be brought only
in the county court in the case of—
(a) a regulated agreement, or
(b) an agreement (not being a regulated agreement) under which the creditor
provides the debtor with fixed-sum credit not exceeding £750 or runningaccount
credit on which the credit limit does not exceed £750.
(6) In Scotland an application under subsection (l)(a) may be brought in the sheriff
court for the district in which the debtor or surety resides or carries on business.
(7) In Northern Ireland an application under subsection (l)(a) - may be brought in the
county court in the case of—
(a) a regulated agreement, or
(b) an agreement (not being a regulated agreement) under which the creditor
provides the debtor with fixed-sum credit not exceeding £300 or runningaccount
credit on which the credit limit does not exceed £300.
74
140. Where the credit agreement is not a regulated agreement, expressions used in
sections 137 to 139 which, apart from this section, apply only to regulated
agreements, shall be construed as nearly as may be as if the credit agreement were a
regulated agreement.

[JonCris]

hi lookinforifo

Yes great in theory but not in practice.
When the OFT was asked why they hadn't capped the likes of Provident (1200%pa) they stated that it would be denying poor people access to money. Get the logic of that do you Charge the poor the highest rates cos they is poor Wot!