Jump to content


  • Tweets

  • Posts

    • https://www.consumeractiongroup.co.uk/topic/406231-the-pre-action-protocol-for-debt-claims-is-made-by-the-master-of-the-rolls-as-head-of-civil-justice-1st-oct-2017/#comment-5145126  
    • Quick update. I've now recieved a letter before action from them with a PAP form to return enclosed, still no credit agreement however. I assume just a case of following the PAP thread and returning form with no CCA as the reason?
    • Thanks for coming back and letting us know. Obviously we totally disagree with their decision.  Their remortgaging could only have gone wrong if they had ended up with a CCJ.  And how do you get a CCJ?  If you lose in court and then defy the court and don't pay.  Even if you lose in court, you don't get a CCJ as long as you pay within the 30 days ordered by the court.  Even had they lost in court the judge would have disallowed the interest and the £70 Unicorn Food Tax that PE made up.  There was no advantage whatsoever for giving in and paying now. But thanks to you for letting us know - a hell of a lot of users don't.
    • Hi everyone.   Before I say anything, TFL finally responded to the email I sent last week:   Thank you for your email, we acknowledge the signed documents you have returned in preparation for your hearing.   We note that this matter is causing you some stress and anxiety, however this is not a reason for TfL to discontinue proceedings. It is not unusual for passengers that have been summonsed to court to experience these symptoms, and we do have some empathy with your concerns.   However, as previously stated, TfL do not accept out of court settlements, and you will have the opportunity at your hearing, to provide your mitigation to the court prior to a decision being reached by them on how they intend to deal with this matter (usually a fine).   I am sorry that this decision is not more favourable.   Yours sincerely   James Vallis     At least he sounds more sympathetic in this email…   Only one week to go until the court hearing and I am so so nervous. I’ve prepared some questions and answers in preparation for what to say to the magistrate. It will help calm me down if I know roughly what to expect. If you could give feedback on it that would be great. If you have anything to add please do let me know.   As far as I know the court hearing will happen in these stages: Introduction and statement of facts Pleading guilty for the journeys I made with my mother’s card Penalty sentencing Appeal (if charged with a criminal record)   Am I guilty? Yes.   Why did I not pay the fare legally? Last year there was a lot going on in my life and I was struggling financially so to relieve some of this I used my mother’s Oyster card. I know it’s not an excuse and it’s still wrong.   Why do I not accept a criminal record? I really don’t want it to affect my chances of finding a job in the future. I will be the one earning money in my family so I am doing my best and studying hard to be able to get a good job. A criminal record would mean that regardless of how hard I’m working I won’t get the job I want after I graduate. This fills me with so much regret, sadness and disappointment in myself. I just want to be a good daughter for my mother because she’s already had to deal with many hardships in her life and I don’t want to make it any harder for her.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

LBL took my car back in june, Heard nothing till this week asking for cash


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5569 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi all,

 

LBL took my car one morning back in June, I had nothing put in my door to tell me they had taken the car. until a few days later when i had a letter informing me it was going up for sale at auction.

 

Anyway i had heard nothing for a few weeks when i get the DVLA letter to say car had been sold.

 

I have had no contact from LBL until today when i have a letter from there solicitor informing me I have 7 days to pay or going to take further action.

 

I will just give you the figures

 

I took a loan of 2700

When the car was taken outstanding was 2300(some 18months later after paying 50 a week)

In this letter they are saying i owe 4000+

When the car was taken it was worth at private sale for 4000(have no idea what they sold it for)

 

So can anyone give me some advice on what to do now. I have no plans to be ripped off and pay the 4k on top of losing the car and what i had already paid seeing the loan was for 2700 to start with.

Link to post
Share on other sites

Hi 4dam

 

I responded to your pm!!

 

Telephone LBL (dialling 141 before their number to keep your number anonymous!). Request a full statement of account in order that you can see exactly what payments / charges have been made and most importantly what they received for your car when it was sold at auction.

 

Keep us posted - but remember not to post any "personal" details on the thread as you never know who is watching!!

 

Best wishes.

 

Jaxads

Edited by jaxads
typo !!!

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

Link to post
Share on other sites

It won't do them any harm to let them know that you're recording

the call ;)

 

Ask if possible that they send the statement of account to you in the post today.

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

Link to post
Share on other sites

4dam, did you speak with LBL about the statement of account??

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

Link to post
Share on other sites

Not yet waiting till i get home from work. Just a quick note when the car was taken in june i owed 2500. they have shaince sold the car dont know how much for and the letter from there legal company states i owe 4300

 

So with no contact from them saying there was shortfull and then to recive a letter out of the blue some 7 months later is a big shock

Link to post
Share on other sites

LBL have been using a one-man-band cowboy outfit from the Surrey area - the name begins with a 'W' - is this the same one?

No decent firm will touch them with a bargepole, which is saying something in the world of Law - has anyone ever heard of so-called finance companies using back street outfits over the big firms who specialize in commercial financial litigation?

 

Their methods of seizure have already been deemed unlawful in more than one case, any posession made (it's not a repo because the vehicle was never theirs to take) outside of 'normal hours', made without the required paperwork etc is illegal. I have heard of bozo agents making reference to the 'Sale of Goods Act' - whilst this is relevant in cases of Hire Purchase (which some firms acting for LBL do actually deal with in other more ethical cases) it bears no relevence to any LBL matter. Whilst 'repo men' & bailiffs may act badly in some cases and are never to be viewed in a good light, you will find 9 times out of 10 when they are taking a vehicle defaulted on with HP etc they will, as in the cases of home repossessions, make you aware of of the situation beforehand. Enforced possession orders are never pleasant, but ask yourselves this: if the agent and the 'loan co' are legally 'in the right' why, time and time again, are we hearing of more and more clandestine snatching, vehicles taken whilst the owners were out or asleep, nasty home visits made at 5am, vehicles taken and no paperwork left, vehicles followed, people being harrassed in the street etc etc. The answer is because LBL (& Mobile Money) are deliberately abusing the 'Bill of Sale' legislation (made in Victorian times!), deliberately abusing the grey area between criminal law & civil law, instructing their dodgy agents to take the cars at times where they will meet with the least resistance - in order to avoid any real examination of their dubious methods. If they were acting legally there would be no need whatsoever for such covert behaviour, possession would be pre-arranged & for every case they would visit the local police station beforehand to clear themselves legally.

 

I've yet to hear of any LBL victim who, on signing the Bill of Sale, was told that their car was now owned by LBL and would be possessed by LBL if they failed to make the agreed payments. This in itself, quite clearly unlawful.

When LBL are eventually brought to account in court & a defining judgement is made all this will work against them. Their solicitor is employed by them a) to delay as much as possible any court action brought against them increasing the costs for the claimants & make last minute offers that can't be refused to any pesky persistant claimants(ie abuse of the civil process); b) to defend the directors & managers of LBL from any personal action; & c) to bully further monies out of 'victims' & bring vexatious action against persistant opponants (further serious abuse of the law).

 

Ask yourself again, why are the likes of Eversheds not prepared to act for LBL?

Edited by Fleeced73
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...