Urgent help needed

[42man]

Let the police deal with this, the car can only be repossessed with a court order, tell the police that he has threatened to smash the window....(take the number plate too) I'd also ask to see some identification, and ring the company up where he has appeared from !!

[Lula]

if he has any authority at all he would have had a tow truck and been opff with the car by now, he is just trying it on

[Lula]

thanks 42man I bet he drives off before the police get there, try and get a picture of him and his licence plate

[madace]

if he has any authority at all he would have had a tow truck and been opff with the car by now, he is just trying it on

he has the tow truck just not taken the car

[Lula]

because legally he cannot

[Lula]

they can only lift with a court order and he has to be a certified bailiff by the court, you have had nothing to say that there is any action and you are not the person named on the papers, so basically he is stuffed

[42man]

Do you have any friends/neighbours close by who can witness it too ?

[42man]

Hmmm according to this they can take it away !!

 

http://www.consumeractiongroup.co.uk/forum/log-book-loans-bills/54801-log-book-loans-took.html

[madace]

they can only lift with a court order and he has to be a certified bailiff by the court, you have had nothing to say that there is any action and you are not the person named on the papers, so basically he is stuffed

law centre also state the paper work from the courts need to be the origanel papers headed with the courts details with the court stamp all i have seen is copies and i dont think thats on letter headed from the courts so now i will sit hear wait for the police let him sweat it out thanx for your help everyone

 

can believe what lenghs they gp to now the guy is in a longdales top pair of jeans and a baseball cap with steal toe caps

[Lula]

if the thugs sorry baliffs come to the door they should have a visible blue badge with the SIA logo on it + photo. SIA stands for Security industry Authority this a legal requirement that they must have. if they dont ask them if have a licence dispensation number (this is what they get when they are waiting on their badge to arrive) if the dont have ldn then contact the local police *******THEY ARE WORKING ILLEGAL************ sometimes the police are slow to get involved as they think it is a private matter. Quote - the security industry act 2001. also contact the SIA they have the legal powers to prosecute and fine the individual and company.

the SIA has been in England and Wales for approx. 2 years and only in scotland a couple of months.

#

 

this was interesting, 42man, the OP isnt even the person that took out the loan, he is an innocant party that bought the car in good faith

[Lula]

if he has court papers then he has to be a court appointed bailiff, so you need the court phonenumber and his name and certification number or no dice matey

[Lula]

Right, I see where you are coming from, If all else fails tr this

Be minded that when you are in default on a loan, where a 'collection agent' comes to collect the car, they do not need to have a SIA licence.

 

Also SIA licences are not held by Companies - they are held and registered to the individual.

 

LBL will inform any police officer of this fact when you report that the collection agent has no SIA licence - and this disarms the police power to make a lawful arrest and advise you that it is a civil matter.

 

I beleive it becomes a criminal matter when LBL seeks to enforce on an account where the debt is disputed and has not been resolved to the satisfaction of both parties......

 

You should be able in this instance to rely on 'the Harassment of a person in their home' - criminal justice & police Act 2001 may help along with laws pertaining to 'Harassment of debtors' - Administration of Justice Act 1970 s 40

 

Also - 'Breach of the peace' - Magistrates Court Act 1980 s115

 

If you quote these Acts to a police officer, he may be able to rely ont these laws or one of them to abate the action of a collection agent by making a verbal undertaking between the parties that the collection agent can take no action to enforce the debt without first resolving the dispute.

 

My advise would be; that at the instance you are in dispute with Log Book Loans you should inform both the local police and the OFT of a possible 'breach of the peace' on a loan in dispute, and let LBL know you have taken this action. the oft email address is [email protected]

 

This should let all parties know that you are aware of your civil right which is that where LBL have not resolved the matter or cannot resolve the matter, they must follow legal protocol, and storming in to take your car would not be legal protocol. Debt collection library Follow this link to our debt collection library.

This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly.

This library is work in progress and will be built up over the next few weeks.

17.03.09

 

[Lula]

think perhaps your only hope maybe that you bought the car in good faith etc etc

[42man]

Licence Number:0458150

Licence Status:Current

 

Current Applicant / Licensee:

 

Business NameCompany Registration NumberLog Book Loans Limited3636230

 

Licence Notes:

 

StageDateMinded To Revoke13-Mar-2009

 

Categories:

 

Consumer credit Consumer hire Credit brokerage Credit reference agency Debt adjusting/counselling Debt collecting

 

Right To Canvass Off Trade Premises:No

 

 

Issued Date: 11-Nov-1998

Expiry Date: 03-Aug-2011

 

 

Legal Formation:

 

Body Corporate (incorporated inside UK)

 

Current Individuals that run the organisation:

 

NamePositionBarry Kenneth PilgrimOFFICERDavid John BarnettOFFICERIain Laurie ShearerOFFICERJames Richard De Bruyker DawesOFFICERMatthew Heap

 

Historic Individuals that run the organisation:

 

NamePositionBarry PilgrimOFFICERChristopher John DonnachieOFFICERJames DawesOFFICERMr Albert William CookOFFICERMr James Peter SpratleyOFFICERMr Mark Andrew HareOFFICERMr Mark HareOFFICERRichard Charles CookOFFICER

 

Current Address(es):

 

Address TypeAddressPrincipal Place Of BusinessBridge Studios, 34A, Deodar Road, Putney, London, SW15 2NNRegistered OfficeBridge Studios, 34A, Deodar Road, Putney, London, SW15 2NN

 

Historic Address(es):

 

Address TypeAddressCorrespondenceKnoll House 82, Wheathampstead Road, Harpenden, Herts, AL5 1JBPrincipal Place Of Business44, Town Centre, Hatfield, Herts, AL10 0JJPrincipal Place Of BusinessThe Grove, North Road, South Ockendon, Essex, RM15 6SSRegistered Office9, Bluecoats Avenue, Hertford, SG14 1PBRegistered OfficeVictoria House 64, Paul Street, London, EC2A 4NA

[Lula]

Did you manage to tell him that you were going to report him and his company to Trading Standards nd the OFT who you know are looking into their worthiness to hold a credit licence?

[madace]

he as no court order he as as bill of sale

[Lula]

anything happening?

[ukaviator]

If a loan or hire purchase agreement is still outstanding on a car, the finance company will retain a legal interest in the vehicle until the loan is repaid in full. If the loan is not repaid, the car could be repossessed.

 

If you are asked to pay the outstanding finance, you could do this and then issue a summons in court for recovery of that amount from the person who sold it to you. They will need a court order so don't hand anything over just yet.

[madace]

If a loan or hire purchase agreement is still outstanding on a car, the finance company will retain a legal interest in the vehicle until the loan is repaid in full. If the loan is not repaid, the car could be repossessed.

 

If you are asked to pay the outstanding finance, you could do this and then issue a summons in court for recovery of that amount from the person who sold it to you. They will need a court order so don't hand anything over just yet.

 

nothinh happening but he is saying he will smash the window they have offered me the car for 1200 butthey want it in full i dont have that money

[Lula]

have the police not been?

[madace]

have the police not been?

police been turns out with a bill of sale they are the legal owners of the car and have the right to take it and have done look on bright side kept the f@@kers hanging around for a few hours

[caro]

I wish I'd been around when this was happening.

 

I'm moving the thread to the LBL forum where I'm sure there will be others who can advise you.

[wearecarless]

Hi madace.

 

You are in the same position as us, we bought a car in April 08 for it to be took from us in December 08. Please read the thread ARE YOU A THIRD PARTY VICTIM. We had part f our story in the Daily mirror in march if you send private message we can pass you some names and numbers that may be of use to you. Will not give them out over public view as you never know if lbl are looking here.

[Fleeced73]

The assumption that LBL 'Bills of Sale' are legally binding remain just that - an assumption. Until this lot are tried in court and a judgement is made on the validity of these documents then it remains an assumption.

Cases brought against LBL so far are either still ongoing or have been settled by 'part 36' offers, when LBL pay the claimant a sum of money they cannot refuse. The rules of 'part 36' unfortunately are that if an offer is made and not taken up, and the same or similar amount awarded in court in a trial, then the claimant becomes liable for the defendants costs (a high profile example of this was the Jimmy Nail case against one of the tabloids)

All we do know is that LBL would rather pay out large sums of money than have the validilty of their documents proved or disproved in a court of law. I'll let you draw your own conclusions from that...

[madace]

The assumption that LBL 'Bills of Sale' are legally binding remain just that - an assumption. Until this lot are tried in court and a judgement is made on the validity of these documents then it remains an assumption.

Cases brought against LBL so far are either still ongoing or have been settled by 'part 36' offers, when LBL pay the claimant a sum of money they cannot refuse. The rules of 'part 36' unfortunately are that if an offer is made and not taken up, and the same or similar amount awarded in court in a trial, then the claimant becomes liable for the defendants costs (a high profile example of this was the Jimmy Nail case against one of the tabloids)

All we do know is that LBL would rather pay out large sums of money than have the validilty of their documents proved or disproved in a court of law. I'll let you draw your own conclusions from that...

 

am i right in sayin a b.o.s needs to be dated plus signed by each person or a least one person (one being the rep of the loan company one witness aswell with address supplied and the main applicatent) if any of these were missing could or would this make it void