Ex parte injunction against log book loans - and you can do it too

[freakyleaky]

OK here we go again. Any insulting posts will be edited and any off topic posts will be moved to the bear garden.

 

EDIT: This post makes no sense now as I have moved 4 posts to the BG.

Edited March 19, 2009 by freakyleaky

[Bookworm]

It's ok, FL, we're used to your posts not making sense!

[freakyleaky]

:D:):cool:

[jfuk06]

Good and fast thinking, well done and good luck.

 

Let us know how you got on!

 

Sending good vibes to you.

 

hI

I have had problems with Lbl and they have finally got my car and say i have 7 days to pay £8,540.45. Do you think i could also go down this line, the problem is that i only have 4 days left.

l WOULD BE GLAD FOR ANY INFORMATION

[Fleeced73]

You have no alternative but to go to Court ASAP and get yourself applying for an ex-parte injunction, no if's buts or maybes - get it done

[jfuk06]

thanks for the advice, i do have soloicitors on it but i am worried that they won't be able to stop the sale in time.

If i get this ex parte injunction, would i have to take it to their office in putney London, as the car i think is being held in Enfield London to be autioned off"!! I only know this because i thought it was stolen and was told by the police that lbl have it.

[JonCris]

You say you have solicitors. Have you told them they have taken your car?

[gees 53]

my apologies fl

[gees 53]

jf uk go to the supreme court in london and request a search on your name give them a date you signed the contract with lbl and check that the bill of sale was registered. (within 7 days of you signing) this will only cost you a fiver for a copy if you go in personally room e17 at temple high court. do this asap it will help you big time in court for your injunction if they registered late or not at all. good luck

[Fleeced73]

thanks for the advice, i do have soloicitors on it but i am worried that they won't be able to stop the sale in time.

If i get this ex parte injunction, would i have to take it to their office in putney London, as the car i think is being held in Enfield London to be autioned off"!! I only know this because i thought it was stolen and was told by the police that lbl have it.

 

The injunction can be process-served on all parties - LBL, the agents & the auction house if need be - and such inunctions are always served by court bailiffs

[gees 53]

you need to go to the closest court to the office of lbl that you dealt with..or where the car is being kept....when i got my injunction the judge got me to serve it on mm.. the only reason i am telling you to check the bill of sale is if it is not valid the judge will be more in your favour.. but as fleeced said earlier get moving on it...dont waste a day!!!

[jfuk06]

yes..unfortunately i don't qualify for leagal aid, so they are looking to see what else they can do..It doesn't really look hopeful, i have read some other replies and a few peopl have said that there cars were sold within hours. I have received an early settlement calculation letter which says

when i took the loan out, and how much i owe..

Thats about it.

[jfuk06]

I ve already done this and it is registered.

[Oh Boy!]

JF, the only delay you can come up with I guess is t say that you are going to pay for it, tell them that you are sending a cheque, I know from some people this trick has worked well, this should give you a little more time for your injunction application.

 

Only thing I would say tho is I am not aware that there is such thing as a Bill of Sale being registered late, at court we do not register anything with out a reasonable answer, the master will normally use his discretion if he believes there is a genuine reason that the BoS was being presented late, I know we charge a fee for late registeration, the court cannot just register a late BoS for the sake of it.

 

Did you have an expensive car ? it certainly sounds it if you owe 8k.

 

Come back and let us know.

[jfuk06]

I have been sent a letter from lbl and they intend to sell it.. The loan was for £3k, the £8.5k they are asking for is intrest and default letters, calls, etc...My car was a mercedes..

They have told me i can collect my belongings that was in the car.

[Fleeced73]

If that is the case, then I cannot comprehend why on earth you aren't following Frustrated's lead and going for an immediate ex-parte injunction that would prevent sale of the car and it's likely return!

They will flog your car for peanuts and then carry on their relentless pursuit of the gargantuan and unlawful charges they have applied to your account.

The Judge will not think "They are entitled to loan payments, charges AND THE CAR", he will think "This must be halted and explained in a Court of Law"

Do not underestimate just how many other cases against these crooks are currently going on in the Courts.

[gees 53]

fleeced ...as a matter of intrest have just checked section 8 of bills of sales act 1878 ammneded act 1882 unless bill of sale is registered in 7 days of signing it is unenforceable and void..

[JonCris]

I have been sent a letter from lbl and they intend to sell it.. The loan was for £3k, the £8.5k they are asking for is intrest and default letters, calls, etc...My car was a mercedes..

They have told me i can collect my belongings that was in the car.

 

Having seen the above post I realize this may be closing the stable door after the horse has bolted but For gawds sake DON'T post any info on this or any other thread/site which can identify you such as make of car, value of loan or amount claimed by LBL to be outstanding otherwise cos they trawl these forums & they'll be 1 jump ahead all the time

 

Do as advised seek an ex party injunction to stop them disposing of the car & even returning it to you. If you don't follow the advice of those who have been there, done that (eg Fleeced) then you'll lose the car.......period

[JonCris]

fleeced ...as a matter of intrest have just checked section 8 of bills of sales act 1878 ammneded act 1882 unless bill of sale is registered in 7 days of signing it is unenforceable and void..

 

Correct but the High Court will allow late registration provided theres a good reason

 

Now as the person affected if you know of no reason as to why it should have been registered late then you may wish to mention this to the court in any subsequent litigation;)

[Fleeced73]

Mr Depressed,

If dear old LBL are so fine then why are they paying people off rather than face their business coming under the microscope of a court trial? And I am not talking about dropping a few charges here and there, I am talking about umpteen examples of paying thousands out to those who dare to trouble the courts and challenge these sheisters.

Also, to correct you on a point; to "hand the car back" would mean that LBL had some previous possession of the particular vehicle. As regular viewers to this forum will have twigged, the cars are secured by a Bill of Sale, a legal document that requires (as do all legal documents) full explanation before signing - that explanation is never offered with your beloved LBL rendering it all somewhat dubious.

Furthermore, most of these posts are made by people who, yes, had their loans from LBL - however most have also paid LBL a damn sight more back than they borrowed and are still facing unlawful seizure of their vehicles by these sharks

Edited March 23, 2009 by freakyleaky
Removed quote from moderated post.

[Bookworm]

Dear Fleeced73, you have posted deeply libellous comments which I suggest you withdraw.

 

 

 

 

 

 

Sharks are noble creatures which only hunt when hungry and do not deserve to be associated with the behaviours you describe.

 

 

 

[JonCris]

BW don't you think such remarks should have been made via PM rather than on the open forum..............or are you trying to prove something. Libellous or not I find it deeply offensive that someone, who isn't a mod, should chide another member who I know for their comments

 

If you are anyone else is unhappy with a post they, like you have a remedy,.......report the post by hitting the triangle & let a mod decide

Edited March 21, 2009 by JonCris

[Oh Boy!]

Read it properly it was a JOKE, specsavers appointment, but typical, feet first knee jerk reaction.

[Bookworm]

BW don't you think such remarks should have been made via PM rather than on the open forum..............or are you trying to prove something. Libellous or not I find it deeply offensive that someone, who isn't a mod, should chide another member who I know for their comments

 

 

If you are anyone else is unhappy with a post they, like you have a remedy,.......report the post by hitting the triangle & let a mod decide

 

 

[Roscovitch]

this is the thing to do here