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    • I'm trying to understand it all but I certainly tend to agree with my colleague @dx100uk that it looks as if you may have been taken for a ride. You found an advertisement for a bag on an online sales site. Instead of going through the established procedure of that site, which presumably allows them to recover a commission from the seller you started dealing directly with the seller who is an unknown person to you and of course that allowed the seller to avoid paying the commission. At whose suggestion was it that you went off-site? You then pay by PayPal but instead of logging it with PayPal as a payment for a purchased item, you tell PayPal that it was actually simply a gift or transaction between friends and family. This also allowed the seller to avoid paying a PayPal fee on the money. At whose suggestion was it that you paid in this way?       I don't say that you definitely have been scammed, but it doesn't look very good. This is how it might have happened: after you agreed to take the transaction off-site, so you lost the protection of the established system – and the seller avoided the commission and also avoided the sales site knowing that they had sold their item, you then agreed to pay the seller some money – but not for a purchase – simply as a gift. This has two consequences. Firstly, the seller avoids a PayPal fee and secondly, because PayPal has been misled as to the purpose of the payment, you lose the protection of PayPal if it turns out that you've been scammed or there is some other problem with the transaction. The seller then apparently sent you the parcel and they sent you pictures of a package with your address on it. Separately they sent you a Hermes tracking number – but there is no evidence that the package was actually posted to your address. The seller might simply have taken a picture with your address and sent that to you by way of reassurance – and then changed the label and posted the parcel to themselves but sent you a tracking number which is inaccessible to you and in respect of which you will be prevented from getting any information. All you've seen is a parcel with your address on it. All you've been given is a tracking number which satisfied you for a while until the parcel did not arrive and then when you started to make enquiries, you found that you were unable to access any details referring to the tracking number. Of course the tracking number says that the item was delivered – because maybe it was – but in that case it was delivered to the address on the parcel which might have been the seller's own address – or the address of a friend. I don't want to say that this is definitely how it happened, but it is a plausible scenario. Of course Hermes is an awful lot of parcels – but on the other hand I expect that most of the parcel is that going to Hermes hands are delivered successfully. We only get the bad stories on this forum. I can imagine that Hermes rate of successful deliveries is better than 97% because otherwise people wouldn't simply just hate them, they would go out of business.   We can help you bring a complaint against Hermes if you want. However, on the basis of what you say, the odds are stacked against you but it would be useful to try and find out the address which was associated with tracking number. As far as your apparent willingness to travel hundred and 50 miles to ask for your money back, don't bother. If you did actually go there, are you sure that the seller actually lives at the address that you have been given? What evidence do you have that? Of course if you found that the seller didn't reside at that address then it is slamdunk that you have been scammed. But then what are you going to do? You can try to inform the police but of course it won't get you anywhere. You can inform the sales website – but they will say that you brought it on yourself because you agreed to go off-site. You can inform PayPal – that they will say that because you sent the money which was calculated to avoid their fees, you have lost the protection. If you travelled the 150 miles and found that the seller did reside at that address, do you really think that they are going to hand your money over to you? If they are acting dishonestly then they will simply say that it is nothing to do with them, that they addressed it all correctly and they don't understand what has happened and that this is simply Hermes up to their old tricks. What are you going to do? You simply risk getting into a very nasty argument and depending on how bad it went, you might even find that the police are called and I'm afraid that they would be looking at you – not the seller. Maybe you can answer the questions that I've post above as to who it is who initiated the various ways of doing business.    
    • The legal campaign's going well then. The recount in Wisconsin gave Trump more votes but Biden even more, at a cost of $3m. And a donor to the organisation bringing the failed cases is suing to get his $2.5m back.   https://www.theguardian.com/us-news/2020/nov/28/joe-biden-gains-votes-in-wisconsin-county-after-trump-ordered-recount
    • Yes Unicorn feed tax again, can't sue the keeper for more than the Original Charge, so any additional Debt Collection fees aka the £60 they add is abuse,iof process as per HHJ Harvey at Lewes county Court What lookedinfroinfo is indicating is that the main signage on entry and dotted around is merely an " Invitation to Treat", not the offer, the Offer and Acceptance occurs at the payment machine, so wording there is key.
    • Hello and welcome to CAG.   People will be along later to advise you, please bear with us until they're able to get here.   In the meantime, I suggest you edit your attachment because you've left your name on it. Please check it carefully and remove anything that can identify you.   HB
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Ex parte injunction against log book loans - and you can do it too


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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 by freakyleaky

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:eek::rolleyes::p:D:):cool::cool::eek:

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Welcome to the Consumer Forums

Free advice and support to to solve your consumer problems.

You will soon discover what a friendly place this is and get lots of hints about standing up to consumer bullies or dealing with other consumer rights.

 

Which guide to the Sale Of Goods Act

 

New advice guide explains credit card rights

 

Help the CAG!!

Make a donation

 

ARE YOU A VICTIM OF COWBOY BUILDERS?

 

Has your RBS account been transferred to Santander?

 

Forum rules. Please read these before posting

 

PLEASE CHECK OUT THE CAG LIBRARY!! IT HAS LOADS OF USEFUL STUFF IN THERE. CLICK HERE

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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

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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.

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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

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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

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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!!!

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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.

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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.

** Credentials **

 

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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.

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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.

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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..

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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

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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;)

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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 by freakyleaky
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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.

 

 

 

:razz:

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

** Credentials **

 

10 Years Finance Fraud Investigator

 

5 Year High Court Sheriffs

 

2 Years Tip Staff Royal Courts

 

Currently : HMCS Enforcement Officer

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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

 

1053.gif

 

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