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Ex parte injunction against log book loans - and you can do it too
Hi,
I have received help from this site, so this is for the people who have had their car taken and it is still within the 5-7 days before lbl sell it.
Firstly, I'm a moron for getting a log book loan. We know that - so lets move on quicly.
They took my car Wed 3 March from outside my house. It was the usual - they had clamped it and if I didn't hand over the keys, I would be liable, they said, for the towing costs. So no car, they wanted £1,800 and said they would sell the car in five days if I didn't pay.
I decided to go to court for an ex parte injunction and it went like this:
Fill out an N1 claim form, the brief details of the claim being for "the return to the claimant of the vehicle taken from his/her possession on DATE by repossession agents acting for the defendant".
3 Copies
Fill out an N16A -General form for injunction. This is a one page form where you ask the court that the defendant "be forbidden from selling, auctioning or otherwise disposing of the vehicle currently in its possession and return it to the claimant.
3 copies
Witness statement - your own, no need for exhibits yet.
3 copies
Go to the local court at 10am (before the judges start their normal lists) and say you have an ex parte injunction application. This costs £150, or if you are on benefits you are exempt (take evidence).
Wait until a judge has time to hear the injunction.
In my case, it took 5 minutes for the judge to decide to grant an injunction order to forbid lbl from disposing of the car and they have to come back to court with a defence etc.
I think it is important to be able to stop the sale of the vehicle, and get a proper hearing.
The "agent" who picked up my car was not licenced by the Security Industry Authority, which I think you have to be in order to immobilise and take cars.
I can give more information on detail if required.
In addition, with regard to the lbl documentation, ie, Bill of Sale and Contract, on 18 February the OFT (go to OFT website and search lbl) issued a report on their concerns about the Bill of Sale wording, etc. This is very useful for the court action.
Re: Ex parte injunction against log book loans - and you can do it too
Er, the judge added a penal notice, which includes the words "If you do not obey this order you will be guilty of comtempt of court and you may be sent to prison".
They are apparently sending a barrister this morning to court. Wish me luck!!
Re: Ex parte injunction against log book loans - and you can do it too
They've ignored those before too!
Originally Posted by frustrated46
Er, the judge added a penal notice, which includes the words "If you do not obey this order you will be guilty of comtempt of court and you may be sent to prison".
They are apparently sending a barrister this morning to court. Wish me luck!!
Re: Ex parte injunction against log book loans - and you can do it too
Hi, just got back from court.
Llb sent a barrister and solicitor. Their goal was: 1 - to get the injunction lifted so that they could sell my car. 2 - to get costs awarded to them for the failed injunction. This would have meant I owed them for the loan against the car that I didn't have, and about £5k legal costs.
Well, it didn't go well for them. I did not get the car back today, but the injunction forbidding lbl from disposing of it remains in place until a full trial of the issues. They were also refused their costs.
The judge was very interested in the OFT report about the unfair consumer terms in the Bill of Sale. At the half day hearing there will be a full discussion of lbl's methods of collection and their contracts.
So, it turns out that it is possible to stop these people in their tracks from selling the vehicle before getting a proper hearing.
Re: Ex parte injunction against log book loans - and you can do it too
Originally Posted by frustrated46
Hi, just got back from court.
Llb sent a barrister and solicitor. Their goal was: 1 - to get the injunction lifted so that they could sell my car. 2 - to get costs awarded to them for the failed injunction. This would have meant I owed them for the loan against the car that I didn't have, and about £5k legal costs.
Well, it didn't go well for them. I did not get the car back today, but the injunction forbidding lbl from disposing of it remains in place until a full trial of the issues. They were also refused their costs.
The judge was very interested in the OFT report about the unfair consumer terms in the Bill of Sale. At the half day hearing there will be a full discussion of lbl's methods of collection and their contracts.
So, it turns out that it is possible to stop these people in their tracks from selling the vehicle before getting a proper hearing.
Frustrated
Well done as Fleeced says more work for Wismayer's ..........Incidentally you could introduce witnesses as to their collection practices by asking other victims to make statements & if necessary attend court to give evidence & be cross examined. There may be a few willing to do so
If you do you may have to seek permission to amend your POC but being a LiP you could try to do that at the commencement of the next hearing
Re: Ex parte injunction against log book loans - and you can do it too
& even they aren't required to give evidence it wouldn't be a bad idea if some could attend anyway just to show moral support......& the interest there is in your case from other victims of LBL
Re: Ex parte injunction against log book loans - and you can do it too
Thanks. I have permission from today's hearing to put in an amended Particulars of Claim as I added various points of law at the hearing orally and the judge said it may as well be all put together.
The barrister wanted a month for defence, but judge said no.
Has anyone had contact with lbl's new repossession company, Templar Enforcement Agents Limited? Their agent is not registered and licenced by the Security Industry Authority under s.12 of the Private Security Industry Act, which you have to be to immobilise cars.
Companies House states that Templar was only incorporated in Sept last year. The company itself does not need a licence, but the agent does.
As for the injunction witness statement I produced to get the court to stop lbl from selling the car, I could copy and paste on here if anyone needs to do same?
Re: Ex parte injunction against log book loans - and you can do it too
Originally Posted by frustrated46
Thanks. I have permission from today's hearing to put in an amended Particulars of Claim as I added various points of law at the hearing orally and the judge said it may as well be all put together.
The barrister wanted a month for defence, but judge said no.
Has anyone had contact with lbl's new repossession company, Templar Enforcement Agents Limited? Their agent is not registered and licenced by the Security Industry Authority under s.12 of the Private Security Industry Act, which you have to be to immobilise cars.
Companies House states that Templar was only incorporated in Sept last year. The company itself does not need a licence, but the agent does.
As for the injunction witness statement I produced to get the court to stop lbl from selling the car, I could copy and paste on here if anyone needs to do same?
Frustrated.
Contact Fleeced he knows a bit about this firm & any possible link with their previous agents
Re: Ex parte injunction against log book loans - and you can do it too
Hi Frustrated i have been dealing via oft and the financial Ombudsman to get my case resolved and after nearly 4 weeks of getting there but very slowly i came across your article yesterday and decided why not!!
I went to court yesterday in barnet at 1 pm ...i walked out of the judges room at 2.20 with the order granted. I know the victory is partial but man did i feel good...and the judge has ordered them to court within days. The judge also ordered me to serve the document on mm wich i promptly did. At least now they cant sell the car they were so desperate to steal and they have to come to court. i now want to print the oft report you are talking about and take it to the hearing which is on the 17th. Thank you for sharing your comments and i would encourage anyone to get up and do something about it.
Re: Ex parte injunction against log book loans - and you can do it too
Excellent work! If everyone who has their car taken goes to court before lbl can sell the cars, they will be forced to defend their actions in court every time, and they will need a lot more space for car storage.
I'll add a note later about the injunction hearing and the points of law the judge thought needed to be aired at a full hearing.
Incidently, if any of the cars come back damaged, it might be necessary to sue them for compensation.
Re: Ex parte injunction against log book loans - and you can do it too
Great result. It seems the courts are getting the measure of these people. However as Fleeced has already warned they do have a tendency to ignore court injunctions. If this happens to you it's imperative that you report them to the court who will I'm sure demand their attendance in person to explain their breach..............& possibly to commit them to prison, something which it's alleged by some is only a matter of time
Re: Ex parte injunction against log book loans - and you can do it too
Well today was my first day in court with mm . They appeared timeously and pushed as hard as they could to have the injunction lifted. I stated my case as fairly as i could with the judge and he ordered the case to go to trial. He also ordered that the injunction i got against them remains and is not to be lifted. Again i realise i have a way to go but this temporary victory is sweet. Especially as they did not take it very well.
Ex parte injunction against log book loans - and you can do it too
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Originally Posted by frustrated46
Re: Ex parte injunction against log book loans - and you can do it too
