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


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I know you are right JC.

 

I'm just getting a bit tired with it all, yesterday I was down, I'm a contractor and all of this time I take off work etc. cost me a lot of money..... at the moment I cannot see any light from this situation.

 

Wonder if I could get statements from anyone on here who LBL have been dishonest to? Would this help in front of a judge?

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Hi Luc1

 

Just a couple of thoughts. As far as I am aware, the critera for LBL to give a loan is that there is not any outstanding finance on the vehicle and they do a check on this when you phone them. If this is the case why would they give you a loan if - as they say, there is oustanding finance on it. Also, I dont know how much you are trying to claim but you can ask your Solicitor for details about taking out an insurance policy to cover the costs, eiither to pay only LBLs costs if you lose or both sides costs if you lose. Unfortunately I don't know how much these are.

 

Good Luck

 

Crusader

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Hi LogbookCrusader,

 

Ive never had a loan with these people, the prev owner did which they paid.

 

brief outlay:

 

- I viewed the vehicle, which I was told there was no finance outstanding.

 

- rang up the finance company (LBL) to find out this was true. The

response was yes. Payment received 5wks prior, transaction by boyfriend & cleared in LBL account.

 

- Gave me green light to buy the vehicle.

- then 5 months later @ 6;45am baliffs/agents take my vehicle on behalf of LBL.

- Numerous phone calls, finally got hold of them to tell me the boyfriends payment was contested, payment to BF cash or credit card.

- So from the day there has been outstanding finance.

 

Now LBL are saying that they told me over the phone the day I puchased the vehicle they were holding a interest for 2 months b'cos the payment was by the boyfriend over the phone and not her.

 

This I claim was false, I would not of brought the vehicle if so...

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Hi Luc1

 

A few questions.

 

Have you checked with the previous owner to see if this is true?

 

Did LBL have any contact with you from when you purchased the vehicle until the day that it was seized?

 

Has the vehicle now been sold at auction?

 

Have you been given an opportunity to pay off the arrears/finance that was on the vehicle.

 

What action if any has LBL taken to recover the money from the previous owner?

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Hi LC,

 

Previous owner has done a bunk, LBL cant contact them & neither can I.

Ive seen the payment which was paid, LBL are not denying the payment. They're telling me that the day I brought the vehicle they were keeping a interest in the vehicle.

 

LBL never made contact with me whatsoever, I only contacted LBL the day the car was taken.

 

The vehicle is currently at a auctioneers waiting to be sold, injunction on the vehicle at present.

 

The day they took the car, I asked for it back, the response was that I need to pay 6,100. The following day another LBL staff member told me that if I want the car i will need to pay 7k?!

 

My reply was yesterday you told me it was 6100... the response was ' that was yesterday'.

 

No way would I buy the car... its my car!!

 

LBL have taken no action I presume, now they have the car, im sure that will wipe the debt... which was 5500.

 

Also whats annoying, 2 days prior them taking my car I had put on 4 brand new tyres which cost me 450 quid.

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Ok

 

Just a thought. When you purchased the car did you have the original Logbook or did LBL still have it, if you had it this would show that LBL had relinquished any interest in the vehicle. Also, as the debt had been paid off albeit the money was repaid after, the BOS would have been satisfied at the point where the money was paid to LBL and therefore would be void, as such LBL would not have the authority under the BOS to take the vehicle which would leave the debt as a personal loan against the individual who originally took the loan out. Therefore LBL should be seeking payment from that person through the courts and not chasing you or seizing your vehicle.

 

Crusader

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The lady had the Log Book, when I told LBL this, they said she must of got a duplicate from the DVLA.

 

On my Logbook its got the previous owner as the lady I brought the car off, nothing with LBL on the V5.

 

This is the thing, they never released interest on the vehicle, they should of after the transaction was cleared. They never done this, the reason was according to LBL's statement ' Keep interest in vehicle for 2 months as the transaction was made over the phone by her boyfriend.'

 

7wks after the finance was cleared, thats when the transaction was contested.

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This just sounds dodgy. Have LBL shown you the Logbook for the car - if they actually do have it!! Also, they do not have the right to keep an interest in the vehicle when the debt has been paid off. The 2 months thing sounds to me like it has been made up, after all, why 2 months and not 1 or 3 - coincidence, I think not. Basically they have cocked it up and are trying to make you pay for it.

 

Have you got a court date yet?

 

Crusader

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why 2 months... this i'm not sure? Is that standard.... again, I'm not sure?? Exactly my thoughts... made up!

 

Havent got the court date through yet... waiting for this.

 

Makes me laugh how they get a barrister along for this kind of money.

Solicitor fees etc. This will cost them a fortune, but if the court see them as the owner of the vehicle, well this will cost me a fortune... rather worrying!

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I take it you have not seen the Bill of sale that the borrower signed.

 

The one that I have, in Section 11 states

 

'Defeasance of security on satisfaction.

That upon payment of the sums due under the Consumer Credit Agreement and the sums, costs, charges, payments and expenses specified in Clause 10 of this document this security shall be void'

 

I take this to mean that once payment and charges etc have been paid, which is normally 3 days of the card being accepted, the BOS is void. LBL cannot keep an 'interest' in the vehicle as this would be unfair to any individual who wishes to buy it and goes through the correct checking system to ensure that the vehicle is not registered as stolen, has finance on it etc.

 

Hope this helps.

 

Crusader

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I will be speaking to my solicitor shortly.

 

Ive got a copy of the BoS, The manager has signed on Behalf of the buyer (LBL) also he has signed as a witness. Im not sure if this is aloud - conflict maybe?

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No the borrower has signed the agreement, he has signed on behalf of the buyer & also as a witness.

 

This should be a credible witness who is not a party to the bill.

 

This is one of the essential contents to a BoS, without which the bill is void.

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No the borrower has signed the agreement, he has signed on behalf of the buyer & also as a witness.

 

This should be a credible witness who is not a party to the bill.

 

This is one of the essential contents to a BoS, without which the bill is void.

 

 

A BoS must be witnessed by "someone shall not beifit from a BoS" did they get commission? They must also print name, address and occupation, it will be Void, you are correct if they failed to follow the BoS correct format.

 

i ask my self if these guys really know what they are doing? They stick to these bits of paper, even use it a court, but the end of the day have no idea how to put them together.

 

trooper68

Trooper68:)

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A BoS must be witnessed by "someone shall not beifit from a BoS" did they get commission? They must also print name, address and occupation, it will be Void, you are correct if they failed to follow the BoS correct format.

 

i ask my self if these guys really know what they are doing? They stick to these bits of paper, even use it a court, but the end of the day have no idea how to put them together.

 

trooper68

 

Im not sure if they did get any commision or not - how would I find this out?

 

Its just got the sellers signature in the presence of the the managers signature. Also stating the decription of the witness as the manager.

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Luc1

 

I really think that your main angle on this is that the BOS is void due to the fact that all monies were paid and cleared funds, irrespective of whether the guy contested it 7 weeks later and wanted his money back. The contract was concluded when cleared funds went into LBL's account.

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By the way. Have LBL still got the logbook?

 

 

No the log book is in my name.

 

Thats the way I look at the matter, LBL said the loan was settled. Not once did they say to me not buy the vehicle...

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Im not sure if they did get any commision or not - how would I find this out?

 

Its just got the sellers signature in the presence of the the managers signature. Also stating the decription of the witness as the manager.

 

 

Was it done in a moneyshop or the like? The BoS could be viod as the manger signed it, he is part of company, It clearly states in the BoS, that it must be a witness who will not benifit, a manager can be argued to benifit, what about the address and occupation, is that printed?

 

 

trooper68

Trooper68:)

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Well it looks like it was done at the Cashconvertors/Logbook loans office, that the address which is stamped from the witness. The occupation says: Manager.

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Well it looks like it was done at the Cashconvertors/Logbook loans office, that the address which is stamped from the witness. The occupation says: Manager.

 

 

Manager, nothing else, no name and addess of witness (manager), company address will not count hence benift from sale. True site team?

 

trooper68

Trooper68:)

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Manager, nothing else, no name and addess of witness (manager), company address will not count hence benift from sale. True site team?

 

trooper68

 

 

SIGNED and delivered as a deed by the borrower:

 

MISS A (SIGNATURE)

 

in the presence of:

 

MR B

 

Signature of witness:

 

MR B

 

address of witness:

 

LBL OFFICE ADDRESS

 

description of witness:

 

MANAGER.

 

 

The above is exactly what Ive got on hardcopy in front of me.

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