After judgment gained against LBL have they paid out on the Judgment

[Nicky Bodmin]

I cant it not in my name. And I have had confermation from DVLA about the new owner the one that bought it at action. I dont want the car back because it is worth more to me in compensation and I dont no what state it will be in now

[trooper68]

I cant it not in my name. And I have had confermation from DVLA about the new owner the one that bought it at action. I dont want the car back because it is worth more to me in compensation and I dont no what state it will be in now

 

 

Blast and Whoo...

 

trooper68

[Nicky Bodmin]

lol sorry u totaly lost me there.lol

[trooper68]

lol sorry u totaly lost me there.lol

 

 

its meant too, light humor.

 

trooper68

[Nicky Bodmin]

k sorry just sent special delivery the letter be there in morning. They will have already got the email. So we are under starters orders Now to put together the N244 form and the particulars of claim

[trooper68]

k sorry just sent special delivery the letter be there in morning. They will have already got the email. So we are under starters orders Now to put together the N244 form and the particulars of claim

 

 

May be get this moved to legal, there are loads of caggers who can help with the PoC and Statement

 

Trooper68

[Nicky Bodmin]

how do I do that

[Nicky Bodmin]

Hi guys I have just recieved my responce from http://Julita Losowski| Secured Lending Team | Office of Fair Trading Fleetbank House | 2-6 Salisbury Square | London EC4Y 8JX | T: 020 7211 5843 | F: 020 7211 8604 www.oft.gov.uk [email protected]

In relation to my complaint about LBL

This is what she has asked me to submit

 

Could you please send me your statement as well. A brief outline of your dealings with the company, including:

 

• details of how you found out about LBL services (newspaper adverts, for example)

  
  

• what was said to you at the time of signing the agreement (were you informed that the Bills of Sale will be used, were you told what are the consequences of using Bills of Sale)

  
  

• were you given any time to consider the terms of the agreement before you signed it

  
  

• were you given pre-contract information

  
  

• was your financial situation assessed before the loan was granted (did they ask for your income and expenditure)

  
  

• did LBL charge you for cheque cashing - if yes, did they tell you about this cost before you signed the agreement

  
  

• did you default on repayments

  
  

• what happened when you defaulted - did you receive the default notice before repossession

  
  

• how was the repossession conducted

  
  

These are just some of the issues I would like you to address. Your statement needs to be signed and dated. Further, we will need your signed written permission to use your statement (copy enclosed).

 

I will keep everyone posted with what she requires. Site team Please put this as a sticky. These questions are also points that can be used in court action

[applecart]

Brilliant Nicky - definately a sticky site team : )

[Nicky Bodmin]

you wait to here my new idea. How to stop them opening again not push for laws to prosecute the front line members of staff. Not just the directors. Lets face it they earn big off this the staff dont so who the hell would want to work breaking rules and the law if they where held accountable It will work

[applecart]

Hi Nicky

 

I feel sure it will - you don't strike me as a person who goes for the jugular alone - I think you grab the balls at the same time - ouch : )

[Nicky Bodmin]

well it has been said before. lol Well if I can get the site team to split stickies into 2 that can not be posted on just ref points and one to post I will give it my all. I am a very naughty devious girl when ruffled and not only did they ruffle my feathers they knocked me off my perch So as far as Im concerned its GAME ON. I will b back on in hr

[Nicky Bodmin]

Hi hopefully if I get the sites approval I want to set up a task force that will give you and all caggers the tools to fight them with. Application straight to HC. No hearing for them to put defence forward. Its final. BOS null on void.Job done. But until then keep it safe. I am with the help of others will If plains go right have more LBL applications to void through the courts in the next few months than has been done before. So hold on we are onto it. Keep car out of the way. Have you contacted your insurance car that is. Tell them what has happened and ask (and give reason) if they would give you a car while yours is in hiding. They might even fight the case for you. Well in the long run it saves them in worse case having to pay out on the theft of vehicle. Worth a try. You can only ask

[applecart]

Nicky B - Hey..... Word up - as the younger ones say - Brilliant!!!

 

Yes Polpi - like Nicki B has indicated there needs to be better protection for LBL past and current customers should the trader loose this next appeal. The implication of them having any kind of re-call to the consumer needs to be dealt with

 

It cannot be discounted that should they loose their licence eventually that they will not look to sell on their book of business to some unsuspecting buyer - possibly even another franchisee!!!!

 

And this could mean that a franchisee or other party having bought the book of business seeks to call in the outstanding debt

 

Similar to what the mortgage companies did in the US (our current government were swift to stop it happening in the same way here) in my mind!!! i.e TCF and FSA regs to protect mortgage borrowers....

 

Nicky B's proposal is if handled to best effect will effect some of the best protection for LBL customers

 

In the meantime - keep your precious car hidden - and let's see what we as consumers can do to protect everyone of us for the long term

 

Because essentially that is what Nicky B is working on right now with the site team - not an easy challenge - so all support must be given - because it is the consumer that will derive a long term benefit.

[Nicky Bodmin]

Hi happy crusaders,

 

I have been thinking alot about the big picture to do with Lbl. Yes we have them on the run but as soon as the High Courts Rule. They will close shop and restructure a new company.

That has to be interacted. Now the best way I think is no court action will stop them .

So the plan is to try and make it law and push to make the employees answerable to the charges that come from their illegal trading methods.

The directores of these companies no the risk from the start, but profit highly so the risk is worth the lose if it ever comes to it. The punishment is to little. Few years banged up for their crimes, is nothing when you know that their is a financial reward waiting. Thats if the Proceeds of Crime dont get them.

 

Poor old little LBL peoples the front line are paid poorly.

 

Ask yourself two questions

 

1. Would an empolyee work for a company that could give them a criminal record. (answers on a post card) NO

 

2 Can a company of that size trade with only the directors running the business. NO

 

Its simple, Problem is how do we do it

 

I will be putting my suggestions forward to OFT for advice to where I can go with this solution. It makes sense.

It would save the tax payer a fortune in policing and save the legal Aid board all of which we pay for.

Can anyone add to this to make it more powerful. Not that I think it needs it. Money talks.

 

Lots of hard work.

[Nicky Bodmin]

Morning guys u up bright and early. I was looking at the law on trespassing there is some truly nasty things in that act.

Blimey.

Do you think maybe, its a little of punishment to fit the crime lol.

Or was that in my dreams. Capital punishment,seems to roll smoothly off my tongue today to.

I hope that those comments have not set the presitence for the duration of the day.

 

Any way back to game plan.

 

Can anyone with a BOS please post it. but first have a quick look to see if any more have been put on site like yours so we dont have duplicate form BOS. I want to try if poss to find out how many different application of the BOS floating about.

Plan is to put the points of Breach to each one, and hopefully give guidance to enable the caggers to enable them to form the basis or structure their P O Claims together and link to the Doc BOS.

 

http://www.archive.org/stream/encyclopaediaofl02polluoft#page/132/mode/2up

 

 

lets see if we can get everyone on site with LBL probs with case complete and send a job lot to the high courts.

I know it sounds a hard task,but I have covered alot of the mishaps on BOS, got a few more to add.

If we can do the ground work in the same kinda way as my letter before action I think It will with some guidance be able to put it together N244 form.

Im going todayto go through my BOS and just list the breaches with out the personal side and put it as a post. Can any one who feels confident enough to try and do the same.

If you need to see a copy of the Legislation then to ref

 

http://www.consumeractiongroup.co.uk/forum/log-book-loans-bills/219794-can-there-more-than-2.html

 

Take a look at the Bill Ben post. It shows there alone two points that will void it,

 

1. It clearly shows the correct way to asttest the witness signature.

 

2. The details on the BOS should be as follows

 

2a Name

 

2b.Address

 

2c Occupation

 

The above have all got to be on there. If the occupation is not listed and is known that is a void.

 

 

Take a look at my letter before action.

 

One more Thing. Be confident about your gut instinct. And follow it. its normally correct.Make a note any way and post it there is enough people that will correct it if wrong and you just might bring some thing new, that has been previously over looked

Good luck

I reckon we should call it our Bill and Ben campain lol

[Nicky Bodmin]

Nicky & Apple

 

Thanks so much for the advice. I will look into the car insurance side of this.

 

Reading through the thread, it would appear that I am in a similar situation to QPlate.

 

Should I therefore follow a similar line of informing LBL I intend to take the matter to court, allowing 14 days and then follow up with a claim under article 8 of the HRA?

 

Also, do you know off hand if the process and forms for claiming are the same in Northern Ireland?

 

Thanks again

Hi how did you get on with the insurance enquiry. If that is successful it might give us all greater protection from these thieves

 

I reckon if you put it to them in a manner that explains that because of who the company is, the way they do business the car will be removed later to be reported as stolen because of their ilegal enforcement or invalid BOS..

legal term the car has been stolen, there for you can legal make a claim under your term and conditions set out in your policy.

So put it to them its in the insurance companies interest that they enable you to protect the said vehicle insured and replace with a curtassy car for the term of of the action with log book loans.

 

I cant see why they cant agree to this. You might have to be a little pushy if need be ask to talk to management.

The main prob with these people they take your car you will be in most cases be unable to work and the following problems that will follow.

[Nicky Bodmin]

Ok, i've had a look.

 

First glance indeed the the payments is incorrect, if you look at the first page.

 

1x£250

59x£188.92

1x£383.92

61 months

 

page2

60X equal payments of £188.92

so its seems thay may have made a mistake. looking shaky

 

Witness is looking iffy, Sales rep, commision?

 

Are these the only pages you have, is there anything on the back of them?

 

If it was me, I would request that they explain the discrepancey via letter, reg it. I would suspect that they will not reply.

 

Anyone?

 

Trooper68

Hi Trooper hi

Just as I thought there are different formates on the BOS and CA. they are diff to my doc. This prob means there breaches might be slightly diff. I have asked lots of site team what I need Im looking for something as prominent as an announcement sec that can only have BOS doc posted on it and CA and any other doc to do with loan Nothing more. I have asked till im blue in the face can you please have a go at who ever can sort this for me.plan is to get as many examples of the diff doc on air so people can find there relevant doc copy. And along side that will be would is wrong with each doc and template letters of action application template just for their type of bill. So every one can get on and put there own case together. we can submit our claims at a rate of knots then. The high court will not no how to deal with the amount of applications. Not looking good for LBL if High Court are being over taken with unenforceable Bill and CA. Specially while they are attempting an appeal with the very same court at the same time lol Im looking at setting up the same level of help BANK charges and defaults have been given. Once that there they can go off and find all the information that is relvant to them.

Can you pass this to as many caggers of LBL to send to site team and prob more the better so they cant ignore it many thanks Nicky B

Edited November 3, 2009 by Nicky Bodmin
Extra part was linked

[applecart]

Hi Nicky

 

At last I have found the 'original' post - is this the right one?

 

Based on what you say here - it would seem that your friend had taken a loan out on his car with lbl.

 

It would also appear that he may not have completed payments to the trader prior to agreeing to let you take the car to pay you.

 

It also seems clear that when the trader realised that the car had transferred to your address; they took action to recover the vehicle.

 

Whatever the arrangement and detail Nicky - it would seem to me that your contention is the same as anyone who buys a car or derives title through legitamate means.

 

I have posted previously as to my thoughts and given what I beleive to be the logical process that a consumer may choose to follow.

 

In this instance, I would also add further logically based thoughts:

 

Your friend is suffering from a mental illness - this makes him a 'vunerable' consumer - under OFT guidelines on debt - the trader would be in breach of OFT regulation.

 

You have posted to show that when you submitted the documents to the OFT -they confirmed the Bos as invalid (if my old memory serves me right?)- this means that you have 'authoritive evidence' from the OFT themselves; more than a worthy piece of evidence to proffer in your particulars of claim against the trader. Might be an idea for anyone else to send there documents to OFT to confirm their opinion of the Bos between them and the trader too I would have thought : )

 

I think you are right to challenge the matter in court and I have pm'd you : )

 

Apple

[trooper68]

Hi nicky

 

I am almost convinced that the BoS from all these guys do differ theres evidence in the posts , but here's the but, if the BoS is correctly done the format will not matter, however the CCA will, it must follow the guides laid down. I may fall foul on the CCA but will that effect the BoS tide to it, properly not, but, hers the other but, if you could prove that the lender fell foul of the guide laid down you properly get it void (BoS). Almost the chicken and the egg.

 

The idea of the BoS is to get around the legislation laid down so these sharks can wring the neck of the borrower via high interest and default charges.

Our weapons are knowledge and awareness.

 

I'm sure the site team are dropping in, they are busy...

 

trooper68

[Nicky Bodmin]

Hi Trooper have just had lenghtly discussion on my suggestions. Site Team dont think its a good idea I have challenged this with the time ellement on all of this. If I had hAD ALL THE REF NEEDED TO PUT FORWARD MY CASE QUICKER RATHER THAN SPENDING MONTHS RESEARCHING IT i WOULD STILL HAVE A CAR , it would have not been sold,.

The extra knowledge from the start would have made all the difference. A Time order applic just to hold off the sale of car.

They have to hand it back if the judge orders the reactivation of the repayment under the CA. We need to have the choice of posting and asking questions or straight to the failed points.

Most people would have given up at the amount of reading and trying to understand what it mean-sand if it relevant to my case.

We need to ask site team more time is being waisted again

[trooper68]

Hi Nicky

 

Try another angle, one avenue closes, may be another opens. Your case, from reading, you spent a lot of money putting right the car? well unjust enrichment of the load company, may be worth a shot in that direction.

What of the police complaints,your car was taken from you.

 

this might be helpful, don't know how?

 

eBay buyer?s court victory as £24,000 car is returned - News - getwokingham - The Wokingham Times

 

trooper68

[Nicky Bodmin]

Morning Trooper,

I think at this stage we need to be researching anything that might strengthen our cause.

I have just spoken to the Royal Courts BOS department, ( 02079476000 ex 6221 Mark ) just to clarify any questions up any questions of which court we need to put our application to

 

1. The Royal Courts of Justice is the court where the BILL OF SALE is registered

 

Therefore any application to challenge the AUTHENTICITY of the BILL OF SALE has to be done on N244 application form and directed to Royal Courts of Justice;

 

This is where it was registered and this is where its challenged. A lower court can't pass judgment over a Hight Court ruling.

 

Don't panic its not as bad as it may sound. The application can be heard or without hearing.

 

The Master that reads the application, will either ask for directions for attendance or will rule on the merits of your plea.

 

So my understanding is that all applications for say injections to sale of car, or Time Order applications are done in the County Court.

The lower courts have not got the power to challenge the bill of sale, but can make recommendations and directions.

 

So I still stand behind my reasons for a direct High Court application on the bill of sale.

Even more reason why we need to get our Forum on LBL in order.

I would think after many applications on the Bill the courts will see that it is across the board and hopefully know the out come from previous application directions.

[Nicky Bodmin]

Copies of BoS and Agreement - have not put page two of the agreement as it only has my signature and insurance stuff which I did not take out so they are are nil.

 

Hi Guys from today on wards any BOS and CA I would like posted on a thread so that the office of fair trading can quickly locate them and see how many forms of them there are

[Nicky Bodmin]

Hi Trooper

did you search the HCJ listings how did you get on.

If you couldn't find any thing call the HCJ they are very friendly and very helpful they will suggest where to look. Let me no

Im going to be doing my application today and over the weekend. LBL ignored my letter before action.

 

I called them the other day to see if they had received it.

Well the call was so funny.

At the start of the call I advised them I was recording the call and was that ok with them.

She paused and then answered is it without prejudice.

lol

I replied I reserve my right on that thank you. lol she then said hold the line please.

Finaly she came back and said yes that fine.

 

Well I had the horrible task of tell her that their license had been revoked. I had to explain the meaning of that one. lol. She argued and argued. I just advised her if what im saying is not true call the OFT they will be to happy to confirm this. After a few harsh words she said im terminating the call. I said fine I will just call back.

This I did. I then spoke to a guy. he was a little more helpful. He told me they had received the letter and it was with their legal team. I said what in the hands of the solicitor

He said no but they have legal training.

Yeah that's sounds about right