Log Book Loans - Together We'll Beat Them

[Stumpy3220]

I've written on a few threads with what has happened to me, and as i've had success with Log Book Loans, i thought i'd share with you how you can go about beating them.

 

I have carried out a lot of research on LBL and the Law's that that govern them and the cowboy firms, sorry debt collector's they employ to reposses cars. I have found out that LBL actually ship out alot of their work to companies who trade as LBL, and are equally as bad.

 

The first point to make is that under the Consumer Credit Act 2006 'unfair relationships' has been introduced. To put this in English means that if they consistantly phone and harrass you, force you into signing new agreements and generaly bully you means that they are in breach of this, if you can prove any of these, by keeping a diary, record calls etc then the agreement with LBL is unenforcable.

 

Point 2: Read your contract carefully, including all the small print before signing. If you have already signed an agreement with LBL then i suggest you re read what you have signed. The Bill of Sale dates back to the 1800's. It was first used for farmers buying and selling hay. It has been known the LBL have not properly read their documents and have printed that should you not pay then they will repossess your bail of hay.

 

Point 3: If you have signed an agreement form with LBL, which was sent to you with a pre signed witness signature then this is not lawfully binding. Your signature has to actually be witnessed by someone who is present. This is so that should the matter go to court then the witness would be able to say you were of sound mind when you did. This happened with us, and once I found this out and put it to LBL they straight away cleared the debt i had with them, which was just over five thousand pounds.

 

Point 4: The apparent bailliffs that LBL use are not bailliffs they are just debt collector's. On reading the Private Security Industry Act 2001 it clearly states that any vehicle immobiliser by law needs to be registered with them, and must show their SIA badge. From more research the company that LBL use, Anglia Uk Ltd, from Peterborough are not registered and so do not have the authority to immobilise or seize your vehicle. They are also covered by rules laid out for them by the Office of Fair Trading, which states that the must not identify themselves as a bailliff and they must not be rude or use obscene language. They have to be in possession of the Bill of Sale that you signed to take your car, otherwise without an SIA badge or the BOS, you could think they were stealing your car and so you could call the Police to this effect, then how could they prove otherwise.

 

Point 5: If you do have to ring them to discuss matter's don't worry about speaking to the jumped up employee that answer's the phone, from my experience all they now what to do is be rude and quote acts of law that they don't know anything about. Ask to speak to a manager or supervisor, you might be lucky and get a little bit more sense from them.

 

Point 6: Check that your agreement has been registered with the High Court within I believe 7 days, LBL have a tendency of not doing this within the time scale. If it hasn't been registered within the time scale then the Bill of Sale is unenforcable. Also check all the agreement numbers on your documents match. Again LBL have a tendency of mucking this up which to makes the agreement unenforceable.

 

Point 7: This is the important one, all these points are my opinion and stuff that i have found out from looking on the internet and speaking to relevant departments who are helping me. If you are unsure where you stand don't bury your head in the sand. You need to start speaking to people such as Citizens Advice as soon as possible. If you let LBL or one of their cowboys take your vehicle then you will have no chance or recovering it, so act early.

 

I am in the process of taking legal action against LBL for a breach of process and damage caused to my vehicle. They are trying to get out of paying any compensation by using legal jargen that doesn't actually exist to confuse you and make you just give up. DON'T GIVE UP, if you think you have a case then just ask for someone to help and fight them. I intend to take this as far as I can, and if i can get them into court then I will.

 

I hope this thread can help someone to stop these loan sharks taking advantage of vulnerable people, and either get them to operate within the law or even better put them out of business.

 

Please add any idea's or suggestions to this thread so that we can all help each other, TOGETHER WE'LL BEAT THEM.

[JonCris]

Only a certified bailiff can enforce a registered bill of sale & a bill of sale must be registered with the High Court within 7 days of being signed by the borrower & witness

 

The witness must not be a beneficiary of the document they are witnessing & this could include any commission or wages paid to the witness if they are an employee of the lender

[Fleeced73]

It must also be noted that LBL's lawyer is in fact a crook himself and is a disgrace to the profession

Edited September 30, 2008 by Fleeced73

[Stumpy3220]

We were dealing with Advance Capital who are trading as LBL. When i spoke with their director he fobed me off that he was contacting their legal department. About an hour later i get a phone call from a solicitor who tells me that their representing LBL and once they have the paperwork they would contact me.

I didn't here a word from them, so phoned them to find out that they were no longer representing LBL on this case. That was no surpirse as LBL have not got a leg to stand on.

[JonCris]

Stumpy was the solicitor from Wimbledon by any chance??

[Stumpy3220]

No they were from somewhere in Wellingborough, i have to say they took about an hour to look through the paperwork before they told LBL that they won't be representing them and now i have been told that any paperwork or emails i send to LBL have to go to one of the director's. I had a meeting with Trading Standards who are taking this one on and helping me.

[Fleeced73]

'Advance Capital'

Is that a new name for Nine Regions Ltd? Do I smell yet another rat?

[JonCris]

Stumpy Thanks wise lawyers didn't want to get involved & with good reason

 

Fleeced checking that out

[Stumpy3220]

Its funny because the emails i have received from the same building have the addressess of Advance Capital ltd and Chelsea Park, seems like they are running lots of business names from the same building.

[JonCris]

The Advance Capital I know of is an investment company which specializes in acquisitions which is why I asked the question "do they know what they are getting into"

[Stumpy3220]

The agreement forms have LBL plastered all over them, its not until you read the small print at the bottom that you see that Advance Capital have their name printed as issuing the loan.

The new law in the consumer credit act re 'unfair relationships 'basically stuffs the way LBL and Advance Capital carry out their business. I am reading up on every angle i can hit them from to put them out of business, once and for all.

[Stumpy3220]

Can anyone help. LBL have stated that Anglia UK Ltd are not Agents of their's and so are not accepting responsibility for their actions. Does anyone know any case law that i could use to link the two together?

[JonCris]

A company which appoints agents IS responsible for their actions check out the CCA 1974

[Stumpy3220]

I'm after some more help. Can anyone tell me how I go about finding out when the Bill of Sale was registered with the High Court??