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TFD123

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Posts posted by TFD123

  1. Hi all

    Sorry it’s took a while to get back to you, but I have been to county court this week with MM.

    I will give more detail soon but as I am short on time I will give you the edited version of this fiasco.

    I went to court to get the HPI lifted and this was so clear cut.

    When the evidence was produced the order of the court was quite simply to remove any claim by MM on my vehicle.

    The court asked why, with all the knowledge MM had on the case, had they wasted so much time, (it was quite funny as their solicitor, prior to the court hearing had told me that MM had always believed that something fraudulent had been going on and that I could have been involved) he said in reply to the question in court that MM had to complete their investigations, then he was asked to explain and started by saying that they had to make sure that I was not involved, he got stopped here and was told that that this was no excuse as the police had long established the facts.

    My solicitor was wasted really as he was only asked if he was prepared to accept £9,500.00 as compensation from MM plus costs and yes the order was put on them.:whoo:

    We had asked for £5,000.00 for things like deprecation on the car, warranty, car hire and several other expenses that I had incurred but the reason we were awarded more was for the inconvenience caused with the fact I could not sell my car, so I was deprived of my rights with which she seemed to touch on a lot.

    She did say she was surprised that the only criminal charges were on the fraudster and that MM retaining the vehicle, after the police informed MM of the facts, was classed as civil.

    Although I got the feeling that she did not want to dwell on this point.

    My solicitor said he would call me up on Friday and explain what happens next.

    Done HPI and its now clean.

    I don’t know what paperwork the solicitor gets from the court or if there is an appeal but I will find out tomorrow.

    Again thanks for ALL your help and comments

  2. Hi I have to say I have been through all this.

    I have had a satisfatory result to my case.

    Is your husband willing to help you?

    I will send you the link to my Thread as soon as I have concluded it today.

    In the mean time keep the car hid preferably in a locked garage MM will definitly come for it and when your husband borrowed the money he would have had to give 3 references of people who MM could contact if the payments are not made.

    It is a very difficult case to prove that a company such as MM otherwise known as Log Book Loans have done anything wrong if your husband was the registered keeper and had all the documents in his name.

    My advice would be to get the owner of the car along with proof of purchase to go at 9am to your local county court and apply for an emergency court order to prevent MM from repocessing the car until you have made further enquiries. But as previously stated he will need to prove that he is the LEGAL Owner, with bill of sale and proof of were the money came from.

    I got an order on the day although it cost £175.00 mine was to prevent MM from selling my car (Different Story)

    If you are in contact with your husband and the car is registered at your home, I suggest he applies for a new log book V5 and get your friend to register the car in his name, he will have to explain to the DVLA if he wants to avoid another keeper on his car. The debt will follow the car no matter what until you get to court but you should be able to use the car without it being taken if the court listens to your EMERGENCY case. (GET THERE EARLY)

    i recieved lots of help here and my case was similar i will post link soon and hope it helps

  3. Well done TFD - and glad to hear you got the car back.

     

    I did mention in a very early thread to go through a Duty Inspector - have had experience before of the Police and have always found that it's the Duty inspector that gets things done.

     

    So the MM meeting was basically to try and black mail you into coughing up £7K while at same time admitting they knew you was not liable, and having issued proceedings against another party?

     

    Take them to the cleaners - and in the meantime report the whole thing to the Office of Fair Trading and trading standards.

     

    Yeah you were correct the Duty Inspector likes to show he is good.

    I got the car which is a great help but now the war starts lol

    Cant wait to get to court.

    Done the OFT and others.

    I think I am up to date at the min and again thanks everyone for your support.

    The police could have done more but when a crime is commited and a family member,as such, is involved it causes doubt.

    But MM made and are still making a mess of it all.

  4. The problem with this thread is that nowhere is any indication given of what MM's position is, it's all one side of the story only. Maybe they think they are another example of an exception to nemo dat. Odd that the OP seems to have disappeared immediately after his meeting with MM. I asked twice what was happening with the injunction proceedings - no response. OP has only drip fed info so far, makes me wonder if there is something else to the story which explains why MM are so reluctant to return the vehicle. Gaston Grimsdyke user-offline.png

     

    I am sorry but never felt that I "drip fed" information to the thread that I created, could not see the point of asking for help and then not giving the full account of the help I needed.

     

    If you feel that I have drip fed info please believe me that I feel as though I gave as much info as possible, time allowing and being careful prior to court cases.

    I repeat I came on here to ask advice and some great advice I received, but please understand it takes time to follow up on the advice and cant allways get on here until something has happened or I need more advice.

    Anyway to update you all on my meeting with MM and police and solicitors and going to court, maybe some of the reasons that i seemed to have "Disappeared"

    I went to the meeting as agreed, as they were aware that no criminal charges were to be taken they felt they had the upper hand and informed me that they had title and car and only a civil case would sort this out and they said they were confident that the court would side with them and I would never see my car again unless I paid £7,000.00 there and then.

    Unknown to me until during the meeting ( Call from Brother in Law) they had issued civil precedings to the him to reclaim monies owed ( MM confirmed this to me when asked)( I thought the Mag Court had agreed he must repay them, I need to find out but hate to even look at him never mind speak with him). After I heard this i rang my solititor while in the office of MM and told him.

    My solicitor informed me that by doing this they had admitted legally that they were in the belief that some one other than me owed them the money, so in effect an admission that I was an innocent victim.

    I demanded my car back and informed them that it was my intension to issue a civil case for costs that same day.

    They asked me to leave their office I refused and they called the police as they claimed I was causing a disturance. ( Which I suppose was not far wrong)

    The police arrived and escorted me of the premises but asked me what the problem was, I explained.

    One thing I over looked was that MM's head office was in a different county to the one were they committed the original offence, of which is now known as an unauthorised repossession, so I had a new audience, their local police, who have been dealing with previous complaints over a period of time regarding MM and they did not hold them in high esteem.

    I was invited to come to the police station and speak with the duty Inspector who had different views to my local police, although agreeing that criminal proceedings were not a reality at this point in time as it would probly take a long time for a complaint to go through the birmingham police in respect of their decision not classifying it as criminal.

    After looking at all the paper work and the fraudster file on his computer, he rang MM and ADVISED them that they should return my car to me until both civil cases (The one I was putting on them and the one they put on my X brother in law) had been dealt with as I was the only one who could prove undisputed title to the car at this time .

    They agreed and delivered the car to their local police station where I collected it 3 hours later.

    ROUND ONE Ding Ding:roll:

    They still have their claim on the HPI.

    Quite an understanding Inspector so it may help for others to speak with the local police in the local area of companies like these to get a feeling of their views as well.

    The following morning I went to BCC and got a further emergency injunction to say that my car should remain in my care until my civil case against MM came to court as they agreed that at this time I was the only one who could prove Proper Title (I lodged my claim for monies and release of Title after the emergency hearing)

    I had intended to issue a claim for Return of Goods which can be added to a financial claim but have now changed this to a Claim of over £5,000.00 (Details of which are to long to print here like lose of time on warranties and failure to respond to a recall by the manufactors) and instead of Return of Goods, it states to remove any claim to Tital.

    I can wait for this.

    Again they have made a mistake as they have issued a financial claim on my X brother in Law for the original amount he borrowed (seems they cant ask for interest as stated at the Magistrates court) and did not take into consideration my claim, (I Think they could have added this to the claim on Fraudster) which I have no doubt will go through even my solititor has agreed to a no win no fee as he is confidend that the court will have no choice to agree after the way MM have acted over this time.

    when I hear more I will come on here and let you know.

    In the mean time THANKS everyone for working with me, even those who thought that maybe I was not giving all the correct information LOL.

    MM must monitor this site and the fact I have given soo much info they would know the case and somehow comment indirectly if I was running their name down without fact.

    Again Thanks and any questions please ask and I WILL GET ON ASAP AND NOT DISAPPEAR:wink:

  5. I was MortgageWithSPML FYI I have changed my user name

     

    Interesting the definition of a Company as far as criminal charges are concerned by the CPS

    Definition of Company

     

    4. A company is a legal person, capable of being prosecuted, and should not be treated differently from an individual because of its artificial personality.

    5. A company normally means a company registered under the current Companies Act 2006; or one or more of its predecessors cited in the Act; or equivalent legislation in another jurisdiction.

    6. Unincorporated bodies (for example, partnerships, and clubs) may also be prosecuted where criminal liability can be established (see Archbold [2009] paragraphs 1-78 and 1-81b).

    Taking from http://www.cps.gov.uk/legal/a_to_c/corporate_prosecutions/index.html

  6. I don't think I'd be very wide of the mark if I described the MM offices as approx 200 square foot comprising 3 desks, 2 employee, a photo copier and a drinks cooler. We're not talking Mobil Oil or BT here we're talking a very small franchise office and once again IMO it's beyond reasonable belief that the person sitting six feet away from the person involved didn't know what was happening/had happened.

     

    FWIW I don't know where they're coming from saying they don't hold computerised records, they do, and I believe they scan documents, take photos etc as part of these records.

     

    I know they hold electronic docs as well as recorded phone calls.

    I believe the had to produce electronic scanned docs of the original fraud to the police to use at the Magistrates court recently so it will be interesting to see thier response.

  7. Will be interesting to see what MM come up with in response to the SAR - as technicaly they should not be holding any information on you at all.

    Yes it would be interesting to see if they send me any documents from the original fraud as they are well aware now that it was not me. This would be against the data Protection Act

    I believe they can only resond to the SAR from my email on the 24th November which should still show a lot, like when was the decision made to repocess the car as I am convinced it was made between the 24th Nov and 26th when they took it.

  8. We don't know what MM told the police, from their letter to the OP it seems they thought that the OP was involved. If that belief was genuine, however unreasonable, they could not have been dishonest. Whilst someone at MM might have been aware of the conviction, what evidence is there that they actual person who ordered the repossession knew of it? Could simply be poor record keeping by MM. And furthermore, a criminal conviction is not conclusive evidence of fact in a civil case, especially if the conviction was based on a confession. So the mere fact the brother in law was convicted is not binding on MM as evidence of the fraud. And anyway, how does anyone prove an entire company thinks dishonestly? Has a company ever been convicted of theft? I just don't think the OP should be wasting their time - and the police's - trying to convince them MM are thieves rather than just incompetent when there is a strong civil case which will produce the desired result.

    How about you read the thread and you will see what I told MM on the 24th November 2011.

    At this point they had ample opportunity to check out the facts.

    As previously posted by myself It was based on the fact that I informed them of the fraud (and not only based on a confession which you state)and invited them to confirm this with the police, they ordered the theft of the vehicle from private land 2 days later.

    You ask what evidence is there that the actual person who ordered the unauthorised repossession was aware and could it be bad record keeping, what world are you living in? if this was the case should MM not have informed me of the proposed unauthorised repocession and should a court order not have been obtained by mm before removing my property from private property. I never had a letter to say anything with regards this case until this week only threating phone calls and attemps by mm of extortion.

    A criminal conviction is not always evidence in fact in a civil court but were does the civil matter come into this between mm and me?

    After I informed them and the police of the fraud they should have went straight to the police and if necessary take both criminal charges and civil but they done nothing but steal the vehicle to try to ensure thier own interests as they belived they had some.

    I now agree that they must have belived that my original email to them was untrue so took the car , although illegally at least the held as they thought the trump card, good bussiness sense or not but please dont be so naive to think it was a case of bad record keeping.

    As far as wasting the time of the police, as you satated, is concerned, had they acted correctly in the first instance and looked at the evidence properly they would have seen that an act of theft had taken place, would you like the definition of theft?

    It would be worth your while to look over some of the other cases on here about MM and let you then decide if it was

    a case of bad record keeping.

    You ask has a company ever been convicted of theft, answer yes, lots of times. I also intend to take criminal action against the four directors as they are ultimately responsable for their employees actions.

    In deed there is a very good civil case here as I can prove that mm done everything wrong in the unauthorised repocession of my car, but there is also a very good criminal case here too as the simple fact that MM were aware that an act of fraud took place they still stole my car and i intend to pursue both and claim all my expences back along with money from mm for the stress and inconvenience they have caused.

    Please remember that the Police need to act on a theft complaint until the DPP say different so never feel you are wasting their time if you strongly beleive that a criminal act has taken place.

  9. I wrote to MM and demanded my car returned within 7 days or I would issue a civil claim for theft on the director of MM.

    I sent it recorded on 16th Dec and they recieved it on 19th they replied today stating that they were investigating the case and had written to the police but would need more time as it was the holiday period. In fact this is the only time they have written to me they also accepted my SAR they even mentioned the possibility of the car being returned.

    I will scan thier edited letter and post soon.

    I wrote to the Chief Constable same time and had a reply today also stating that it has been passed to a DCI and the accusation I made with regards the theft by MM will be investigated to see if it is criminal, again when I edit I will post.

    The car is, according to MM being held in a secure compound until this case is resolved.

    I have sent a bill with receipts to MM for £3,800.00 up to 14th Dec 2011 for expenses incurred including legal advice and replacement car hire.

    I never considered stating that the person who pretended to be me was indeed my brother in law, I work abroad a lot and he had a key to the car incase of emergencies but should never had part of my driving licence which he oblivious stole from me, it appears that he falsified any other documents required as he is a bit of a wizard on the pc.

    It seems obvious now that both the police and MM may have thought that I could have been involved as one of the first questions asked by the police was, would I go all the way if it went to court, which I did. So I am sure the police know I had no involvement but thinking back on the questions asked by MM over the phone they must have had this doubt as they were aware from both myself and the police that it was my X brother in law who committed the crime.

    MM stated that they paid they money to my account I sent them statement of accussed from police showing it was paid to his account, a bank will accept money in any name by transfer if account details are ok.

    I get the impression now Jasper after your querie that when MM are happy that I had no involvement they will have to change their views then I need to start civil action to recoup loses.

    Ill post letters soon. Any other queries feel free to ask

     

    I think things are looking up.

  10. I dont know if its any help but a couple of yeras ago I had problems with B&S.

    I sold everything in my house to my brother, on paper, and rented it back at a minimum amount each week.

    I got an affidavit from a solicitor stating that nothing in the house belonged to me but hired and they left without getting any thing. i still pay £10.00 into my brothers bank account each week, comes in handy at Christmas but I cant pay B&S.

  11. Firstly I have exhausted all local police avenues and have now written to the Chief Constable requesting an overturn of the civil decision and the fact that I wish to make a complaint against Mobile Money for theft.

    The police have spoken to MM, over the phone, mm convinced them that it is civil.

    On the day the vechicle went missing I contacted the police who said they would put it on thier list of stolen cars, and since I had written to MM 2 days prior informing them that a fraud had taken place i took an educated guess and rang them, they clearly stated they took the vehicle as there was money owed on it. It was then that I contacted the police who eventually decided it was not in fact stolen but it was a civil matter.

  12. Ok few questions first.

     

    Did the company that took your car have a court order?
    NO

     

    Did they write to you informing you of their intended actions?
    NO

     

     

    Where you at home when the vehicle was taken and was you informed they would be taking it?
    NO

     

     

     

    Did they take the car from your private property?
    YES
    and if so did you give them permission to enter upon your property?
    NO

     

     

     

    How do you know it was them that took the vehicle?
    You would need to read over the thread

    They have admitted they have it.

     

     

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