Logbook-defnding My Claim

[24fan]

I have just paid logbook their final payment and have received my logbook back, I would of finished a few months ago but they added just over £600 in charges,

 

1 can I claim back the charges like reclaiming from the bank

 

2 read something about reclaiming myself for extortinate interest rates any success with this anyone

 

thanks for any replies, help given

[Guest Old_andrew2018]

what were the charges for, eg late payment?

 

Andy

Edited June 16, 2009 by old_andrew2007

[BankFodder]

If the charges are late payment etc charges then you you can claim them back plus any interest levied on those charges.

Don't hesitate. Go ahead and claim the lot.

[24fan]

thanks for the the advice

[24fan]

hi

I have sent LBL the nice letter asking for them to refund charges and have had the standard reply of ' the charges reflect the cost of chasing defaults, premises,staffing etc etc'. the comical thing was that they advise these charges are in place so they dont pass the cost on to their customers, as if there interest rate isnt high enough.

I have started to enter the details for my claim on the MCOL website and before I submit it i just wanted to check do I use the same example for the banks - such as quoting the consumer act stuff or is it different when claiming against a finance company.

I wont to make sure this is right as dont want logbook and their slimy lawteam finding fault and using it as an excuse not to pay up,

 

thanks for any advice

[caro]

Threads merged as it makes it easier for people to keep track of your progress.

 

The principle is the same as for bank charges, although I would suggest that you do your claim on an N1 to go into the court, as MCOL has very limited space for the particulars of claim.

[24fan]

An Update, I Put A Claim In Using Mcol For The Default Charges Against Lbl, They Have Now Lodged Defense, They Have Also Done Allocation Questionnaire Stating They Wish The Case To Be Heard At Their Local Court, This Concerns Me As I Live 6hours Away From The Court They Have Requested It To Be Changed To, At The Moment It Is To Be Heard In My Local Court. In The Copy Of Their Defense They Have Given To The Court To Examples Of Cases They Have Already Won Against. I Am Now Feeling Very Negative. I Did State In My Claim I Was Claiming For £624 Worth Of Default Charges And They Have Stated They Have Already Given Back One Charge So My Claim Should Be For £612 --- Will This Harm My Claim.

They Also State In Their Defense That They Reduced The Fees To £12 Which Had Been In Line With Reccommendations So They Feel The Charge Is Just.

 

I Have To Hand In My Allocation Questionnaire Tomorrow Any Help Please - Any One

[Guest Old_andrew2018]

You could consider clicking on the red triangle and ask the site team if they direct your thread to a member with expertise especially as you need to send your AQ in tomorrow.

You have another Logbook loan thread may be that could be merged.

[24fan]

thanks, have clicked on the triangle and it states should only be used to report thread, i dont want to click it and then they remove the thread before i get any help.

[MARTIN3030]

2 threads mereged-again please keep posts in one place

[MARTIN3030]

This is your claim right ? You are a litigant in person and so should have the right to seek that the case stays in your local Court.

 

Insofar as their list of won cases,you should argue that since they have no precedent,their previous won cases should be irrelevant and your case should be heard on its own merits.

 

If they have refunded anything from the amount being claimed,then of course you need to amend the amount that you are claiming.

 

Whilst they may have reduced charges to £12.00,these can still be questioned,since they have not provided you with any evidence to show that the £12.00 is a true pre estimate.

[24fan]

thanks for reply, as the charges are for telephone calls and letters, i am hoping that the judge will see that the loan was for £2,200 and total paid back was £6,200 and that their interest rate is high enough to more then compensate them for the cost of staff and other resources needed for their so called business. I am sending a copy of the loan agreement with the AQ.

[fluffy25]

Hi any update on this?

[24fan]

no update as yet, returned AQ form to the court so a waiting game now

[24fan]

UPDATE

I have received a letter from the court mediator asking if I am willing to settle or discuss settling out of court. I have left a vmail with the court moderator to advise I happy to enter mediation, so lets see what LBL have to offer. Will let you know more when I do.

[ukdeveloper]

what would happen if you have a court date (like I do) and the sh*t-rats didnt turn up?

[heliosfa]

what would happen if you have a court date (like I do) and the sh*t-rats didnt turn up?

 

THen you should win by Default.

 

H

[caro]

THen you should win by Default.

 

H

 

Not necessarily. If it's got as far as a court date LBL must have submitted a defence, and I think the judge would still look at all the evidence. That said, if they aren't there to answer any questions that may arise, and you're there fighting your corner, you have a better chance of winning IMO.

[applecart]

Hi 24 fan

 

Hope this information is not too late.........

 

legislation covers charges - the legislation is found at Section 9 of the CCA 2006 for a fixed sum agreement and section 10 for running account agreements.

 

If any of the charges relate to arrear payments; then this law will help you defend your case - the max arrears letters they can claim for in a given year is 2 to my calculation based on the relevant law.

 

Hope this helps : )

 

Apple

[MARTIN3030]

Mediation is often too much in favour of the other side.

You have no obligation to accept it.

If they want a reason as to why you do not want to seek mediation,you can simply say that any decisions that arise from mediation are not legally binding-that is to say there is no guarantee that you will get these charges back.However I see that you have already agreed.

Are you clear as to whether you will be using the free small claims service ?

[MARTIN3030]

Here are some points to consider (although many are not relevant in your case) Its something I had bookmarked on my PC.

 

 

• There may be an imbalance of power between the parties, which could make face-to-face mediation unfair. This could include family or neighbour mediation where there has been violence or the threat of violence; or mediation between an individual and a large organisation such as a local authority, where the size and resources of the organisation could put the individual at a disadvantage.
  
• There may be an urgent need (for example to prevent eviction) which requires an immediate legal remedy.
  
• Mediation and ombudsmen do not provide a legally binding, enforceable outcome, so if the aim of court action is to force a debtor to pay up, or to compel a local authority to meet its obligations, then court may be a better option.
  
• Agreements reached in mediation do not act as precedents in future cases. They are private, confidential, and not open to public scrutiny. If you need to establish a point of law that other people can rely on, you may need to go to court.
  
• You cannot rely on legal rights and human rights in ADR processes.
  
• Ombudsmen investigations can be very slow.
  
• Although ombudsmen can make compensation awards, they are often lower than is likely to be achieved in court. If you need a significant sum of money in compensation, then you are likely to get a higher award through the court.
  
• There are no consistent quality standards or regulation for ADR providers, so it can be hard for advisers or their clients to know how to choose a good service.
  

[Guest Old_andrew2018]

Hi

I had an e-mail notification about a poster, who claimed to be from channel 4, but cant find it.

 

Andy

[applecart]

I received a similar post from Channel 4 - a Geoffwhite247.....I can't find it either.... anyone else?

 

Perhaps I should call him at the Television station?

[caro]

Admin have been in touch.

[applecart]

Great.

 

Thank you Caro ; )

 

Apple