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madace

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Posts posted by madace

  1. my partner recieved a letter from a company calling them selves JB Debt Recovery this is the first letter we have seen yet they say other wise here is what the letter said.

     

    Urgent

     

    CL FINANCE LTD V MISS * W****

    DEBT OUTSTANDING £212.00 REFERENCE 0000000

    In the current climate, we understand you are not unwilling to pay this outstanding account but the funds are not always readily available to clear the balance

     

    blah blah blah about setting up a standing order,

     

    Now curious to know what this was all about and who this CL FINANCE WAS. Gave them a phone call on my partners behalf she gave the permission to speak with me about this account, Now they told me it was regarding a account they say my partner set up with a company called shopacheck back in 2006 for vouchers. she as no knowledge of any these companys nor even getting vouchers from shopacheck, So my reply to them was i would pay the debt no problem if the could send me any proof of the debt like a credit agreement or something there reply was the type agreement was not needed between my partner and shopacheck as it was vouchers they supplied an not cash, and would not send any proof of debt until they take her to court which is where they say they will prove the debt my thoughts wer mmmmm can some one give me any advise what i need to do here as they are threating court action

     

     

    regards ste

  2. what as come to light now is a bill of sale can infact be registered after the 7th day if you pay a late fee of something like £40 a back hander payment i call it.

    Now with my case being under £5000 it becomes a small claims and i can not get legal aid so i can try and file a small claims against LBL but they will fight they have a legal B.O.S and demand its delt with by high court which is what the small claims court will have to grant as it a high court legal matter which is were it starts to cost and with out legal aid i could end up out of pocket by thoundsands on top of the price of the car i lost aswell there is a way of finding out if there was an extension granted but again it cost to find out and can take a few weeks so now i have no idea what to do now

  3. Lbl said they would help if we took the people we got car from to court for fraud. We looked into cost and can't afford to do this. They say they will help but don't

     

    well trading standards have informed me i have no legal rights to the car there is no question of this who ever sold the car to me had no rights to do so,

     

    so yes log book loans are the right full owners under the bill of sale act but the bill of sale as got to be 100% water tight proof if its not it can be challanged in court,

     

    trading stanards tell me the witness signature can in fact be the one of any person including a rep of there own company,

    trading standards also confirm that any bill of sale as got to be registered within 7 clear working days no ifs not buts, this can be challanged in court and only the court

    if not the case and the judge agrees it found to be in breach bobs your uncle,

    The bill of sale i was presented with was in fact drawn up on the 22nd feb 2007 and registered on the 2 march 2009 my calculation tells me that the 8th day so i have been intouch with stephensons just waiting to here if i am qaulify for legal aid but they are happy to take the case on.

  4. Just to update you all been in touch with trading standards and they have agreed to help me they have manage to get log book loans hold out before selling the car while we find out who is in fact the rightfull owner it more complacted because i am the the third party so the bill of sale was written up between them and someone else.

    Meaning i can not question the legality of the bill of sale even thow it was registered on the 8th day and whitness was in fact a underwriter of log book loans only the person envolved can question this. But i do know the bill of sale they have is null and void not just on one section but a few let alone even checking the credit agreement which trading stanards are in the process of collecting but again more complecated due to data protection act so OFT need to get a waver for this. With all this in mind and in black and white i still can not claim my car back that easly. so i will need to wait and see what OFT say or advise fingers crossed hey.

     

    PS LBL SAY THEY ARE GOING TO CHARGE £12 A DAY STORAGE wrong wrong wrong ain't it but also say they are willing to help us and trading stanards to get to the bottom of this MMMMM :confused:

  5. Our car was sold the day it was took from us on 2nd December 08. Removed from our premises at 10am and sold that afternoon at auction.

     

    this is section 13 of the

    Bills of Sale Act (1878) Amendment Act 18821882 CHAPTER 43 45_and_46_Vict

     

    An Act to amend the Bills of Sale Act 1878.

    [18th August 1882]

     

    further more i have found another section they have broken making the bos null and void but i need a copy of the b.o.s were i can obtain from my local royal court of justice or send of for them the files are there for any person to search

  6. Maybe another LBL poster may be able to oblige.

     

    i found a copy of the terms and found this interesting piece

     

    Chattels not to be removed or sold

     

    All personal chattels seized or of which possession is taken . . . . . . F1, under or by virtue of any bill of sale (whether registered before or after the commencement of this Act), shall remain on the premises where they were so seized or so taken possession of, and shall not be removed or sold until after the expiration of five clear days from the day they were so seized or so taken possession of.

  7. The assumption that LBL 'Bills of Sale' are legally binding remain just that - an assumption. Until this lot are tried in court and a judgement is made on the validity of these documents then it remains an assumption.

    Cases brought against LBL so far are either still ongoing or have been settled by 'part 36' offers, when LBL pay the claimant a sum of money they cannot refuse. The rules of 'part 36' unfortunately are that if an offer is made and not taken up, and the same or similar amount awarded in court in a trial, then the claimant becomes liable for the defendants costs (a high profile example of this was the Jimmy Nail case against one of the tabloids)

    All we do know is that LBL would rather pay out large sums of money than have the validilty of their documents proved or disproved in a court of law. I'll let you draw your own conclusions from that...

     

    am i right in sayin a b.o.s needs to be dated plus signed by each person or a least one person (one being the rep of the loan company one witness aswell with address supplied and the main applicatent) if any of these were missing could or would this make it void

  8. Hi people need some help here.

    Some of you know i had my car taken the other day from a company acting on behalf of log book loans the company in question is (4 point financial services).

    Now they shown myself and the police a copy of bill of sale which at the time i believed to be legit as the policeman told me it look legit with a high court of justice stamp and after some research of some police officer on the other end of the line they told me with a bill of sale proof say the car belongs to them and have the right to take it with out warning. BUT A CIVIL MATTER THEY DONT ADVISE OR TRY TO GET INVOLVED)

     

    Here is my query i believe now the bill of sale i was shown is infact invalid or not the full bill of sale can someone explain to me or show me a legit and legally binding copy of bill of sale.

     

    Regards

     

    steven

  9. If a loan or hire purchase agreement is still outstanding on a car, the finance company will retain a legal interest in the vehicle until the loan is repaid in full. If the loan is not repaid, the car could be repossessed.

     

    If you are asked to pay the outstanding finance, you could do this and then issue a summons in court for recovery of that amount from the person who sold it to you. They will need a court order so don't hand anything over just yet.

     

    nothinh happening but he is saying he will smash the window they have offered me the car for 1200 butthey want it in full i dont have that money

  10. they can only lift with a court order and he has to be a certified bailiff by the court, you have had nothing to say that there is any action and you are not the person named on the papers, so basically he is stuffed

    law centre also state the paper work from the courts need to be the origanel papers headed with the courts details with the court stamp all i have seen is copies and i dont think thats on letter headed from the courts so now i will sit hear wait for the police let him sweat it out thanx for your help everyone

     

    can believe what lenghs they gp to now the guy is in a longdales top pair of jeans and a baseball cap with steal toe caps

  11. OK RING THE POLICE IMMEDIATELY AND SAY THAT HE IS THREATENING YOUR PROPERTY AND POSSIBLY YOU ARE IN DANGER TOO

    thanx lulu he is sat in is van now waiting for the police to arrive given me just enougth time i hope to get armed with more information i the guy is all chaved up not even a suit or clip not even seem any id

  12. but they dont have a key or the V5, tell them to go away

     

    he saysing he will smash the window if he as got to also just been on thphone to law centre they are looking into it for me now but they say he as got to have some papers from the court and i have to have noticefied before he can take the car but they are just checking on it now to make sure thats the right advice they have given me

  13. who has the V5? you do, it is your car?

    Does he have a court order, saying that he has the right, given by the court, to say that he can take the car? If he does have a court order, is he a court certified bailiff? what is his registered number?

     

    he not court certified bailiff seprate company

     

     

    i have the v5 i have owned th car since last july they say they only had these details passed to the this may

  14. I beleive that only the law can make you hand over the car, tell him you want irrefutable proof in writing and that you will consult a lawyer and the police.
    thanx for the response he as copies of paper work with a courts stamp i have the police coming they say its a civil matter but this guy says its not and that log book loans owns the car
  15. Request to have your telephone number removed from there system and only have contact in writing here is the template of harassment by telephone they are breaking the law if they continue, i just phoned them up along with a couple of other debt collection agents told them all the same thing that they would be in breach of certain acts and everyone of them removed my telephone number from there system :) and thats without sending the letter

     

    Your Street

    Town

    City

    Postcode

     

    DATE HERE

    Company Name

    Road

    Town

    City / County

    Postcode

     

    Re: Harassment by telephone

     

     

    ACCOUNT NUMBER: XXXXXXX

     

    Dear Sirs

     

    I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

     

    I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

     

    I now require all further correspondence from your company to be made in writing only.

     

    I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

     

    If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

     

    Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

     

     

    Yours faithfully,

     

     

     

    [NAME HERE]

    .

    .

    © Reclaim the Right Ltd.

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