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    • Great thanks, will leave 2 in then, replace 3 and I think its good to go.    This is exactly what I have in my word file ready to send, I think im happy with it and can send to mcol monday morning. Any further thoughts or things to update please let me know.   Again thank you both for your help, really is priceless.         Defence:   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.    2.     The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   3.     Paragraph 1 is noted. It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement nor the claimant either having failed to plead an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   4.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      5.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua pursuant to the Law of Property Act 1925.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a)   show how the Defendant has entered into an agreement and; (b)   show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c)   show how the Defendant has reached the amount claimed for; and (d)   show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Hi just a quickie   Now in reference to my Post#2 here have they actually provided you with those policies that I pointed out and importantly a copy of there Public Liability Insurance?   If they haven't   Make sure and send them a little reminder adding to the letter in Post#32 that so far they have failed to provide these and you require clarification as to their reason for this failure     Dear Sir/Madam   Complaint Reference: XXXXXXXXXXXXXXXXXXX   Further to my recent letter about this matter Dated XX/XX/2021 I would also like to add that so far you have still failed to provide the following:   Copy of your Compensation Policy (not the leaflet) Copy of your Complaints Policy (not the leaflet) Copy of your Customer service Charter/Policy (not the leaflet) Copy of your Public Liability Insurance (not the leaflet) Copy of Repairs an Maintenance Policy (not the leaflet)   I asked for these is my letter to yourselves dated XX/XX/2021, to date you have failed to respond to this request nor is the Housing Association being Open and Accountable to it's Service Users and I require full clarification for the reason for this failure and when you are going to provide what I have requested.   If you refuse to provide these I require full clarification as to your reason with links to the relevant legislation and exactly which parts you are relying on for your refusal of my request.     Note: If they have answered this please ignore but from your responses I think they have tried to ignore this so you add this to put a rocket up their 'beep' so to speak.   You are more than welcome to the help it's what we are here for, you just look after yourself and take care     
    • The DVLA know less about POFA than my dog that died twenty years ago. They also never admit they have made an error.   Trading Standards would probably be a better avenue for you either on Council inaction on no pp thus appearing to aid and abet a PE scam, condoning PE committing an offence and allowing them to rip off the Council customers as well as financial impropriety by not insisting that PE pay for the requisite fees for permission. You could also complain to the ICO on the same grounds and get two investigations going.
    • I am surprised that POPLA found that your appeal had failed when Initial's response to the appeal had been withdrawn. There was no need for them to adjudicate. POP.LA should have agreed that you had won your appeal. I wonder if Initial  knew something that you and obviously POPLA didn't.  Ignore DRP. I was going to advise  you  write to Initial stating that as they had withdrawn their PCN on appeal so if DRP were acting on instructions from Initial they have breached your GDPR. However on second thoughts you may be best to send them a SAR first to get confirmation that they had withdrawn their claim before going for the breach.
    • so the eon A/C was never in her name anyway?
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Log Book Loans want to take my car. I dont owe then anything.


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evening.....i have seen your mail and would be happy to chat about the experiences with logbook loans and even the franchises they give out......bills of sale and the way they carry out business.....i am about to go into court at the end of the month against the ex franchisee of logbook loans re the loan i took out.

alot of info and irrgularities....i am in no way an expert and there are many many more knowledgeable buys on here who have helped me no end...i can just let you know what i have gone through and the advice i have gathered from friends on here and CAB and legal advice......

with all the advice and help from all the above sources i am ready to head into court in next few weeks and they do not have a leg to stand on.

If I can help let me know....

bullyuk

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  • 7 months later...

Dear bullyuk

 

Hope it went well. Please let us know.

 

I to now am heading to court.

 

Found alot of additional info out online.

 

Will let you know in due course if any of it is of any use.

 

If it is I cannot believe there are so many errors with the LBL BoS.

 

Fingers crossed.

 

GOOD LUCK ALL.

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Seems '[Laura Burns' disappeared off the face of the earth hey?

 

So much for her 'interest' then

 

Apple : )

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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Hi Jollygreengiant... : )

 

I pleased to report that BullyUK advised that he won his case - check out his threads by clicking onto his name in the forum - you can read how he got on : )

 

Apple

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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  • 1 month later...

Dear All

Important update: I WON.

Log book loans took me to court using someone else’s address.

As I could not/did not correspond with the court, it was ruled in their favour. It was ordered I had to hand the vehicle over to them. Please read on.

In all honesty the information contained within the forums gave heart, but only the faintest belief that I could save my car.

Many directed towards solicitors, many of whom wanted £500-£1000 in advance before they would even look at the case. None would give solid advice or direction.

Remember, a solicitor sees you as an easy way to make money. No better than the ‘loan shark’ you borrow from.

Hence I spent days/months trawling through the internet, site after site, write up after write up.

I found many a holy grail containing invaluable information.

Hence collectively I challenged the court’s decision & supplied the court with my correct address. On top of the ruling against me (wrong address), I highlighted 10 (yes 10) errors of procedure/wording etc that invalidated the Bill of Sale, hence any one of which voiding the Bill of Sale in respect of the personal chattels comprised therein.

I have just received notice from Nine Regions/Log Book Loans.

“We are in receipt of your application to set aside judgment in the above case. Having reviewed the case in detail and in consideration of the costs we would incur in litigating further, we have taken the decision to agree to the setting aside of the judgment and discontinuance of the claim. As we are no longer minded to pursue the matter through the courts we can also confirm that we have today requested that HPI remove our interest and security alert from their register and have instructed our recovery agents to cease all action.

We have written to the court to advise of our intentions and have requested that an order be drawn up setting aside the judgment by consent and discontinuing the claim. You should receive a sealed copy of the order directly from the court but we will also endeavour to send you a copy of the same once received at this office.”

It is my personal belief that from the information contained regarding other Bill of Sale agreements, within the forums, highlights that every LOG BOOK Loan, BILL of SALE can be challenged & rendered void in respect of the personal chattels comprised therein.

Please don’t see this as an easy escape. Many will have signed loan agreements also. They are a completely different study. Again search & you will find that they too are limited, dependant on timing, amount repaid to name but a few.

CHALLENGE CHALLENGE CHALLENGE.

GOOD LUCK.

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Dear All

 

 

Important update: I WON.

 

 

Log book loans took me to court using someone else’s address.

 

As I could not/did not correspond with the court, it was ruled in their favour. It was ordered I had to hand the vehicle over to them. Please read on.

 

 

In all honesty the information contained within the forums gave heart, but only the faintest belief that I could save my car.

 

Many directed towards solicitors, many of whom wanted £500-£1000 in advance before they would even look at the case. None would give solid advice or direction.

 

Remember, a solicitor sees you as an easy way to make money. No better than the ‘loan shark’ you borrow from.

 

 

Hence I spent days/months trawling through the internet, site after site, write up after write up.

 

I found many a holy grail containing invaluable information.

 

Hence collectively I challenged the court’s decision & supplied the court with my correct address. On top of the ruling against me (wrong address), I highlighted 10 (yes 10) errors of procedure/wording etc that invalidated the Bill of Sale, hence any one of which voiding the Bill of Sale in respect of the personal chattels comprised therein.

 

I have just received notice from Nine Regions/Log Book Loans.

“We are in receipt of your application to set aside judgment in the above case. Having reviewed the case in detail and in consideration of the costs we would incur in litigating further, we have taken the decision to agree to the setting aside of the judgment and discontinuance of the claim. As we are no longer minded to pursue the matter through the courts we can also confirm that we have today requested that HPI remove our interest and security alert from their register and have instructed our recovery agents to cease all action.

We have written to the court to advise of our intentions and have requested that an order be drawn up setting aside the judgment by consent and discontinuing the claim. You should receive a sealed copy of the order directly from the court but we will also endeavour to send you a copy of the same once received at this office.”

It is my personal belief that from the information contained regarding other Bill of Sale agreements, within the forums, highlights that every LOG BOOK Loan, BILL of SALE can be challenged & rendered void in respect of the personal chattels comprised therein.

 

Please don’t see this as an easy escape. Many will have signed loan agreements also. They are a completely different study. Again search & you will find that they too are limited, dependant on timing, amount repaid to name but a few.

 

 

CHALLENGE CHALLENGE CHALLENGE.

 

 

GOOD LUCK.

 

 

Hi Jolly, good on you well done, they dropped the case cos they could not win, now hit them with costs....research, postage, etc etc....

 

Oh, Ask them for the HPI confirmation by letter...

 

trooper68

Trooper68:)

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Has Any suceeded in this before?

 

ie costs....research, postage, etc etc....

 

Go for it guys, what is this worth?

 

 

Loads of people, your out of pocket yes? spent a load of time sorting this out yes? Hit them with the costs, they would do it to you if they took you all the way-yes? Reply to the letter you recieved, reg'd, give them a break down of all your costs and time say £9 an hour (based on the Sol Research).. if they refuse you could take them to court...its up to you..besides what have you got to lose...

 

trooper68

Trooper68:)

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  • 5 weeks later...

OMG

Will this ever end.

I was clearly joyous at LBL dropping their litigation.

However I have just today received a letter from the court, as a response to an email I had sent them:

“Further to your e-mail dated *********** 2010,the court confirms that the claimant has informed the court of their position,- however-District Judge has refused their request to discontinue the claim.

Regarding a refund of an application fee, the court cannot refund your fee for the mentioned. application as it has been processed and it is listed for a hearing on ********** 2010.”

Has the world gone mad or is it just me.

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OMG

 

Will this ever end.

 

I was clearly joyous at LBL dropping their litigation.

 

However I have just today received a letter from the court, as a response to an email I had sent them:

 

“Further to your e-mail dated *********** 2010,the court confirms that the claimant has informed the court of their position,- however-District Judge hasrefused their request to discontinue the claim.

Regarding a refund of an application fee, the court cannot refund your fee for the mentioned. application as it has been processed and it is listed for a hearing on ********** 2010.”

 

Has the world gone mad or is it just me.

 

So reading betwen the lines, the claimant isn't now sueing but the court is - I don't understand that.

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I think you may find that he wants them in front of him, they may have abused the court process- relax for now, give the court a ring and have a chat with the team there...

I cannot see where you would be in the spot light...

 

trooper68

Trooper68:)

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  • 2 weeks later...

Hi Jolly Green Giant

 

Sorry to note that this matter is not finsihed as yet.

 

It would seem to me that the Judge has indeed decided that they cannot simply 'walk away' from this one....

 

I don't see that you have anything to fear considering the fact that they are the ones that initiated the claim against you - then were unable to substantiate their claim.... they will of course know that 'protocol' is very much party to the court system and that at any stage prior to writing to withdraw their claim against you - they could have re-tracted their claim; they chose not to - until it was clearly 'too late' - their actions taken were done to fob you off; so that you did not seek to claim costs or compensation - they are obligated to pay you for your costs in the matter.

 

Having said that - so that you can get a clearer picture - what they did - was to 'throw the claim' after you had successfully challenged the CCJ; that had been entered incorrectly against the address (rendering the owners of that address with a 'black mark' against their address; which would have caused any application for credit to be refused)

 

 

With the CCJ successfully 'set aside' - this leaves the original claim they made against you 'open' - are you still with me on this? The original claim is still in the system.

 

The letter from LBL advising you that they do not wish to persue the claim - is not enough to satisfy the court (although it will count against them; now that they have to follow it through and is handy for you to point out to the Judge; when your hearing comes up)

 

They are supposed to follow protocol - in simply writing a letter to you and no doubt copying it to the court is not protocol - the Judge will only have been interested in the comments they made regarding the 'set aside' hearing which you requested.... they now must attend court (or not if they choose not to... doesn't matter to you because it sounds as though your defence is solid)

 

It is for the Judge to decide the outcome of the claim that they brought against you - NOT LBL!!

 

IMO the Judge has done nothing wrong - the only way the case would not proceed would be when the allocation questionnaire that would have been completed (presumeably) by both parties advised the court that the matter was going to be 'mediated' between the parties - in such an instant - the court may have dispensed with a formal hearing.

 

If I am wrong, then I apologise - but I don't think that I am - I am happy to be corrected though?

 

You now get the opportunity to defend the claim properly and counterclaim for a number of things; such as your costs etc - money back in your pocket - and for your time spent.... personally, I would copy all your comments on the forum to give the Judge an idea of just how much time and effort you have put in to clearing your name - and what about the Car? - if they took it.... then they have to get you one back of similar type and performance - Are you saying you were just going to walk away from all that is due to you?

 

Just my thoughts on the matter - hoepfully it helps?

 

Apple : )

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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  • 2 weeks later...
Got a derisory offer for my losses for LBL in advance of the imminant court date.

 

Onyone else been in this position?

 

Hi Ya

 

There will be many who take such offers just to save time and be done with the whole thing.

 

It's your call.... if you think the offer is derisory; then tell them so, tell them what you are willing to accept to shelf the case and make it clear that if they are not willing to conclude on your terms then the matter proceeds to court so that the Judge decides what they should pay (keep any communication between you and them regarding 'settlement' marked up as 'without prejudice' - that way if you get a better offer in court, they can't then say to the Judge 'but he was willing to accept much less')

 

Apple : )

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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Dear Apple

 

In Court tomorrow.

 

Fingers crossed.

 

Thanks

 

Best of luck.

 

Apple : )

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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Been to court.

 

Judge not pleased.

 

Judge considered this an interesting case.

 

Clearly alot of time & effort was put into my defence.

 

Judge was glad that LBL did not content the matter. The Judgement has been Set Aside.

 

My record is to be cleared.

 

The Judge has ordered that we should come to some amicable agreement over cost & compo.

 

However he will keep an I out for this case (yea right) so that it is brought back before him if an amicable soultion is not found.

 

 

 

LBL - They can be beaten

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I nice little additional nugget.

 

LBL started proceeding against me in Jan 09, claiming £5,795 Plus Damages Plus interest.

 

 

I have a letter from LBL to the debtor dated 22/7/10 claiming an outstanding balance of £4,786.20

 

 

Is this cake & eat it.

 

 

 

Is this an abuse of proceedure. ROUND TWO TO ME.

 

Now on the advice of the Judge, I need a solicitor to sue LBL. INTO THE TRENCHES WE GO.

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Hi Joly

 

Well, looks like you have an open market, if it was me i'd do as the judge suggested, get a SOL and nail them, open season..

Sue them for the car + damages, costs...etc etc. A good sol's letter with the threat of going further up the court chain will snap them back.

 

Say 5k (court limit) + costs and replacement car....

 

WELL DONE...its your game now.

 

trooper68

Trooper68:)

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