Log Book Loans !!!

[caprikid]

I am looking for others on here who have been ripped off by Log Book Loans I now think that something should be done about them . There are to many people getting there cars taken away illegaly (including me) that I feel if we all got together we can make Log Book Loans pay . I have been in touch with trading Standards and they have told me the more complaints they get the better .Alex

[JonCris]

Capri heard the great news re Mark

[Bigbear733]

Hi Everyone

I have a way to get back at Log Book Loans (“LBL”) and Mobile Money (“MM”). I assure you, this will work - I am a lawyer.

I have read the various threads with some horror at the tactics used by LBL and MM and this is my reason for posting.

Unfortunately, first some bad new – the loans they issue, and the way they secure their interest over a vehicle, via a Bill of Sale (“BOS”), is completely legal, if they follow the correct procedure. I have reviewed a LBL case and they seem to be doing everything correctly; I have not looked a MM, but I would presume they are also following the correct procedure. Furthermore, despite some posts that suggest the contrary, they can take possession of goods which are secured by way of a BOS without a court order.

Sorry, it gets worse before it gets better – if you are unfortunate enough to purchase a vehicle which has a chattel mortgage (what the BOS effectively creates) attached to it then, even though you are an innocent party, the vehicle can still legally be taken off you without a court order.

I am surprised that I have seen another lawyer in a press article suggest that this is illegal – he referrers to innocent parties purchasing vehicles with outstanding hire purchase (“HP”) agreements and, what he refers to as “other loans” (although he does not elaborate on what other loans are), and states that the an innocent purchaser obtain the goods with good legal tile. He is completely correct in relation to HP agreements as s27 Hire Purchase Act 1964, as substituted by the Consumer Credit Act 1974, provides that an innocent purchaser without notice (ie in non legal speak - a private individual who buys something not knowing that the item was subject to a HP agreement) takes the goods purchased with good legal title. However, there is no such provision for security taken by way of a BOS. In fact, the common law position was amended by s27 and a good analogy to explain why the law works this way is to consider stolen property. If your car was stolen and sold to an innocent party do you think that if the police managed to locate the vehicle you should not be able to re-claim the car – obviously I would think most of you would think that if something is stolen from you then you can take it back once located – and this is exactly the legal position. The general rule in law is that someone can only give good legal title if they themselves posses it, and, unless there is some legislative exception, this rules applies to the sale and purchase of all chattels (in simple terms, chattels is legal speak for property which is not land and buildings – sorry if I sound patronising but I know there are some reader who are not as legally conversant as other and I just want them to understand what I am saying).

I have read a number of other posts that incorrectly state the law and give false hope but I don’t have the time to deal with each issue raised.

Unfortunately, in my opinion it will be very difficult to legally challenge LGL or MM based on the BOS.

However, now for the good news. To operate within the law lenders require a consumer credit licence. This is issued by the Office of Fair Trading (“OFT”) and recent legislative changes have given the OFT significantly more discretion and powers in who to issue consumer credit licences to and, where appropriate, to revoke such licences.

My proposal is that we work together to get the consumer credit licences of LBL and MM removed and this is how to do it:

The law in relation to credit advertising was changed recently by the Consumer Credit (Advertising) Regulation 2004 (the “Regulations”). I will not bore you with the details but the OFT have issued guidance to lenders on the interpretation of these regulations. Basically a lender must publish a typical APR where, amongst other things, they offer credit to people with a poor credit history or where they offer an incentive.

The OFT have stated that terms such as “No Credit Checks” or “Super Fast Loans”, or similar, will trigger the requirements to publish a typical APR. See para 8.16 of the following guidance: http://www.oft.gov.uk/shared_oft/bus...dit/oft746.pdf

I have seen advertisement placed by both MM and LBL that contravene the Regulations by not stating a typical APR. I saw one today – they are not difficult to find.

This is what I propose that everyone does – look out for MM and LBL adverts. If they say anything like “fast loans”, “no credit checks”, “CCJ’s - no problem”, “Cash Loans within 30 minutes” etc then they must quote a typical APR. If they don’t then they have broken the law.

Report every breach of these regulations to your local trading standards (a letter or e-mail is best, but phone if you don’t have time). If enough complaints are received then the OFT will have to consider revoking their consumer credit licences. What’s even better, the directors of LBL and MM will face criminal prosecutions and convictions as breaching the Regulations is actually a criminal offence.

If enough people take action, as I have suggested, then LBL and MM will lose their consumer credit licences and this will stop them trading – in short, there is more than one way to skin a cat!

I hope this has been helpful and I wish you all luck.

[JonCris]

Bis Bear The OFT are already well aware of LBL as are Trading Standards but your correct everybody should complain & as loud as they can

[sillygirl1]

Shouldn't it be the Trading Standards people in the area LBL and MM operate in with a copy to your local Trading Standards, that way you are covered when TS pass the buck or say 'we don't have any records of problems with this company'. Thats what I'm now doing when I lodge complaints to TS.

[longshot]

Bigbear733
If your car was stolen and sold to an innocent party do you think that if the police managed to locate the vehicle you should not be able to re-claim the car – obviously I would think most of you would think that if something is stolen from you then you can take it back once located – and this is exactly the legal position.

I thought you might be interested in something that happened to my father in contradiction to the above. My father had two off road motorcycles (with registration plates) stolen from him of not inconsiderable value. Due to an oversight the bikes were uninsured. This theft was reported to the police. Anyway sometime later one of the motorcycles was spotted by a friend being ridden near his home.We contacted the police and traveled with them to the business premises where the bikes were.
The police then informed my father that a reciept (which we knew to be fake) was produced for the sale and my father would have to take them to court for ownership. After lots of legal letters back and forth my father had not gained any ground. So myself and a friend paid them a visit and explained the situation more clearly. We loaded the bikes with their help and returned them to the rightful owner my father.Surprising what two large men can achive lol.

[JonCris]

Originally Posted by sillygirl1

Shouldn't it be the Trading Standards people in the area LBL and MM operate in with a copy to your local Trading Standards, that way you are covered when TS pass the buck or say 'we don't have any records of problems with this company'. Thats what I'm now doing when I lodge complaints to TS.

Not according to TS

To quote them "you should complain to Consumer Direct who will have your local TS contact you direct" who in turn will pass your complaint to the TS in the companies area - talk about passing the buck

[Bigbear733]

TS do have the powers to deal with the matter and should in fact do so. I would still write a letter to them and cc it to the OFT. As the local TS's report to the OFT they are more inclined to look into the issue if you do this.

[Fleeced73]

Caprikid's in todays Sunday Mirror!
'Lenders took double money AND the car' - Sunday Mirror

[blueskysim]

i have had probs with lbl but i have a very good solicitor on the case and when i WIN iam going after them through the media i already have the bbc watchdog that are waiting to do a story i am gonna bury them

[Boobaby]

Originally Posted by blueskysim

i have had probs with lbl but i have a very good solicitor on the case and when i WIN iam going after them through the media i already have the bbc watchdog that are waiting to do a story i am gonna bury them

Please let us know if/when this is shown on Watchdog.
Thanks
Boo

[Oh Boy!]

I don't get this!

People sign these darned agreements, fall into arrears, company wants car back, then suddenly company becomes scum!????

Hand back the cars if you can't afford to pay for it.

geeeez

[JonCris]

Oh gawd another LBL troll

[boslem.beast]

Originally Posted by Oh Boy!

I don't get this!

People sign these darned agreements, fall into arrears, company wants car back, then suddenly company becomes scum!????

Hand back the cars if you can't afford to pay for it.

geeeez

Owed £3.100 over 58 weeks, paid £3.578.85 in 56 weeks albeit in lump sums rather than weekly payments. I still according to them owe £1.058.
Had the car repossesed but got it back damaged after I paid my outstanding balance. Had to claim on my insurance to get the car put right and lost my no claims and £120 in excess .The charges they have added to the account are unbelievable. What can I do to challange the charges and are they liable for the damage caused the the car after they took it and even charged me £120 for storage?????

[Oh Boy!]

Troll? yeah right!

Look lets accept the truth, whats wrong with what i said, bugger all.

People like you give debtors a bad name.

Troll?

fool!

[Oh Boy!]

Troll? yeah right!

Look lets accept the truth, whats wrong with what i said, bugger all.

People like you give debtors a bad name.

Troll?

fool!
__________________
** Credentials **

10 Years Finance Fraud Investigator

5 Year High Court Sheriffs

2 Years Tip Staff Royal Courts

Currently : HMCS Enforcement Officer

[JonCris]

Like I said just another troll who probably works for a bunch of shysters