Urgent - cars been clamped

[ukdeveloper]

Hi All,

 

Firstly mobile money have made it quite clear that they monitor these forums. I have spoken with Mike Preston (Hello Mike!!!) and tried to come to a payment arrangement. We agreed over the telephone, but then he sent me an email with different terms in it so im not going along with it.

 

This morning I applied and WON an injunction through my local county court and this orders them to remove the clamp within 24 hours and not to touch my vehicle until the order is lifted.

 

There is also a hearing scheduled for the 29th Sept, when hopefully I will finally get to meet Mr Preston or even better Simon Furnival (Hi Si!!!) who I believe is quite high up the monkey tree.

 

You should have seen the office goons face when I slapped the injunction on the desk.... it was classic!!!

 

Anyway, I wont be posting and pulic updates to this on here as like i said this could jeopardise the water-tight case i have against them. But will be glad to discuss in PM to the people on here who i know.

 

ALSO, many thanks to Gerald who accompanied me to serve the injunction on MM. A truely great gent.. well known to them seeing as they stitched him up too.

 

PM from now on...

 

Laters

 

UKD.

[kiptower]

well done matey

 

its always good when the man in in the street stands up against these kind of people, and posting the outcome helps other to do the same

 

Kip

[42man]

Well done UK D....!! just keep us posted when you can !!

[ukdeveloper]

Under the new regulations clampers need to be authorised by the SIA and must leave documentation to prove this with their number... which you can then search on the SIA website...

 

If you remove the clamp you will be prosecuted for ciminal damage. you could potentially bring a claim of trespass on your vehicle.

 

Can you not phone the company and make some kind of repayment arrangement!? and then i'd claim for all the procdures that they have not followed..

 

 

It was Mobile Mobey themselves that placed the clamp on my car. How can i find out if the representative of mobile money is registered with the SIA as im unsure of his name. He would however be able to be indentified if required.

 

The SIA route is just a small part to a HUGE list of breaches of agreement against these jokers and i look forward to my day in court on the 29th. If they have the cahoonas to turn up. Bet you dont though eh guys???

 

They also apparrently used a recovery agent called PitStop Recovery, but I cant find any info on them... anyone have any info?

[MRSWESTHAM]

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

 

[MRSWESTHAM]

obviously i didnt write that i found it , hope it is of value x

[noomill060]

"This morning I applied and WON an injunction through my local county court and this orders them to remove the clamp within 24 hours and not to touch my vehicle until the order is lifted."

 

Excellent! Looks like you didnt take long to find out how.

 

Could you explain how you did this, for the benefit of other Caggers in similar situations?

[ukdeveloper]

Excellent! Looks like you didnt take long to find out how.

 

Could you explain how you did this, for the benefit of other Caggers in similar situations?

 

Sure,

 

I made sure I was at the court at 10am when it opened. This is VERY important especially if you need an emergency injunction.

 

Ask the receptionist for an N16 form as well as a claims form. If you are reciept of benefits also ask for an court fee exemption form (but take proof of benefit as well as three months bank statements with you).

 

As well as the forms I also attached a statement of facts which i had written that morning, as well as any other evidence i had to support my case. I marked each piece of paperwork with an individual reference number so that it can be easily referenced in any other statements etc.

 

If you are NOT in reciept of benefits it will cost you £150.00 to issue an injunction (which you can claim back should you win, which you will of course).

 

After I completed the forms in the reception of the court i handed them back in. And waited.... I was seen at about 12:15pm by a lady judge in a room with her on my own. It was in no way intimidating.

 

I explained to her that the debt was in dispute and that MM had clamped my car.

 

The next bit was and still is a little confusing as, they would not issue an injunction unless I was claiming an amount of money.

 

I explained that I didnt understand and was told that the maximum I could claim for under the small claims procedure was £5,000.00 so she advised me to mark the amount im claiming for as "not exceeding £5,000.00"

 

She issued the injunction and the court gave me two copies of ALL paperwork and kept a copy for themselves.

 

She asked how it would be served and i told her that i would gladly do it (i wouldnt miss THAT chance).

 

I served it on them that very afternoon.

 

They dont give a sh*t though because 28 hours after being served with a COURT ORDER, ORDERING them to make sure the clamp is removed, the car was still sitting there clamped.

 

So when I go back to court tomorrow morning to lodge the acknowledgement of service I will be reporting them for failing to comply.

 

Anyone know what will happen if anything?

 

BTW, i think they MAY have removed the clamp during the night as this morning its gone!! But more likely a good samaritan has came along and removed it. ;-)

 

But even if MM DID remove it during the night it was out of their deadline which as far as I am concerned means they were non-compliant.

 

UKD.

PS: If you need help with what to put in the forms PM me. I cannot post that in the public domain as the vultures read these posts... HELLO BOYS / GIRLS / SCUMB*GS!!!

 

PPS The car is now Looooong gone and well hidden. In fact its so well hidden that Ive forgotten where it is lol.

 

 

ooooh also i forgot to add, in the cafuffle on the night of them trying (and failing) to remove my car one of my relatives (im not giving too much away im sure you will understand) was assaulted by one of their thugs and suffered physical damage that required hospital treatment. Today they have been to the police station and have asked to press charges against the MM rep for assault. See you soon boys!!!

Edited September 13, 2009 by ukdeveloper

[fluffy25]

has anyone involved trading standards at any point?

[ukdeveloper]

has anyone involved trading standards at any point?

 

 

They will have by first thing tomorrow

[ukdeveloper]

The financial ombudsmen service and trading standards have both been informed that MM have ignored a court order. They were very interested too.... not half as much as the judge will be when he finds out though.

 

Oh and apparently they have pressed criminal charges against me for something or another? they wouldnt tell me what though, now im so worried and scared that i think i will become a hermit and never leave my house.

 

Or could it be that the police have contacted them regarding my family members charge against them and they are playing tit for tat??

 

Who cares?? BRING IT ON GUYS!!!

 

UKD

[fluffy25]

I am awaiting my unannounced visit from MM reps do they have to send a Default Notice 1st?

[ukdeveloper]

my understanding is that to enforce the repo stage of the agreement you would have to be in default meaning that they would have had to send a default notice and give you 14 days notice too.

 

might be wrong, but dont think so

 

UKD

[fluffy25]

Did they send you a DN?

[ukdeveloper]

nope!

 

but they will say they did

[noomill060]

Have you reported to the court that they have ignored your injunction?

[ukdeveloper]

oh yes!!!

 

Not sure what will happen but i have no doubt it will help my claim.

 

ukd

[noomill060]

As the court has ordered them to remove the clamp, but havent, is there any reason why you cant have the thing removed yourself?

[ukdeveloper]

Oh the clamp has gone!!

 

Im not sure if MM has removed it or a good samaritan, but it had gone by yesterday morning. However, it had not gone by midnight the night before and they had until 3pm prior to that to get it off.

 

I spoke with the police who advised me not to remove it myself as i could then possibly be charged with criminal damage.

 

So when i found out it had been DE-clamped i can only assume that MM had removed it. Albeit not within the time ordered to do so.

 

UKD

[i will survive]

hello i am in a similar sitution as you since my car is hidden because i found out the clampers were coming my loan is with lbl i have read on numerous threads that you can go to court and get a time order and stipulate no futher action until hearing i am going to court on monday i know this may be too late for you but if you can stall them i will keep you posted.

[ukdeveloper]

I have an injunction against them, which in effect stalls them, but seeing as they ignored it by not removing the clamp within the specified time, dont hold your breath that they will take any notice of the time order.

 

They really do think they are above the law. However they will find out with me, that they are not cos i wont stop until i drag them to the gutter where these **** belong.

 

If it costs me the car...... so be it. lol. It will be worth all the aggro.

 

UKD

[fluffy25]

I have an injunction against them, which in effect stalls them, but seeing as they ignored it by not removing the clamp within the specified time, dont hold your breath that they will take any notice of the time order.

 

They really do think they are above the law. However they will find out with me, that they are not cos i wont stop until i drag them to the gutter where these **** belong.

 

If it costs me the car...... so be it. lol. It will be worth all the aggro.

 

UKD

 

Hi UKD, did u get my news yesterday?

[ukdeveloper]

er nope, but from your emoticon, i can assume all was not good???

[gay-boi]

Hey

Please could someone advise me as what i should do next, its not logbook loans im having problems with but mobile money. i took a loan out with them in july then lost my job and flat and gave the car to my friend.

Yesterday 2 men claiming to be court enforcement officers turned up at my friends house to recover the car my friend went and spoke to them and he did not show any id or give my friend any paperwork.

 

My friend rang me and i come and got in the car and drove away by driving over a grass verge as they had blocked it in with their van. This was at nearly 11pm last night.

 

i have hidden the car now, i spoke to the 'court enforcement officer' after hiding the car late last night (wed) he said i was in trouble with the police now and a warrent will be issued for my arresst. Afetr questioning him a little he was tripping himself up and then hung up, he wouldnt even give me his name he then rang at midnght to say he had spoken to the police and they are looking for me.

 

I have spoken to mobile money today and they confirmed the police will be looking for the car and anyone driving it will be aressted for TWOC and if its found for example in my moms garage they would be aressted.

 

Mobile money have also been to my nans house looking for me and also said if my nan didnt tell them where i was the police would turn up there. After harassing my nan and grandad with over 15 phone calls in 24 hours my nan said she was recording all calls and they havent contacted her since.

 

As far as i can tell from the threads on here the BOS is unenforceable however they gave ma a number 0021091 and said it registerd in the high court in england and wales.

 

Please could someone advise me as what to do next i believ taking an injunction out on the car is the way forward however is this free and which court do i need to go to.

 

Any advice please please please

[ukdeveloper]

Hey

Please could someone advise me as what i should do next, its not logbook loans im having problems with but mobile money. i took a loan out with them in july then lost my job and flat and gave the car to my friend.

Yesterday 2 men claiming to be court enforcement officers turned up at my friends house to recover the car my friend went and spoke to them and he did not show any id or give my friend any paperwork.

 

My friend rang me and i come and got in the car and drove away by driving over a grass verge as they had blocked it in with their van. This was at nearly 11pm last night.

 

i have hidden the car now, i spoke to the 'court enforcement officer' after hiding the car late last night (wed) he said i was in trouble with the police now and a warrent will be issued for my arresst. Afetr questioning him a little he was tripping himself up and then hung up, he wouldnt even give me his name he then rang at midnght to say he had spoken to the police and they are looking for me.

 

I have spoken to mobile money today and they confirmed the police will be looking for the car and anyone driving it will be aressted for TWOC and if its found for example in my moms garage they would be aressted.

 

Mobile money have also been to my nans house looking for me and also said if my nan didnt tell them where i was the police would turn up there. After harassing my nan and grandad with over 15 phone calls in 24 hours my nan said she was recording all calls and they havent contacted her since.

 

As far as i can tell from the threads on here the BOS is unenforceable however they gave ma a number 0021091 and said it registerd in the high court in england and wales.

 

Please could someone advise me as what to do next i believ taking an injunction out on the car is the way forward however is this free and which court do i need to go to.

 

Any advice please please please

 

 

These horse rapers are nothing but total ****... do yourself a favour... if the police REALLY are looking for you, go to your nearest police station and say "Hi I had a court enforcement officer impersonator, turn up at my door and has also turned up at my grans house stating that there is a warrant for my arrest and im here to give myself up, or report him for impersonating an officer of the court".

 

The one of two things will happen... either you will be arrested (you wont) or they will tell you they know nothing about any of it (because they wont) and you can go back to MM and tell them you would like to know the name of the police officer who they reported the "crime" to, or a CAD number. They wont be able to give you one of course because they dont have one. Its just one of their bully boy tactics to extort you.

 

And now picking on defenceless old ladies too.... what next guys??? abusing our children?

 

UKD.

PS keep everything in writing regarding these guys... and also keep a written chronology of events with as much detail as you can. It will help in the event of a court case (which they wont turn up to cos they think they dont need to adhere to the law - ****!!!).