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

[trooper68]

Hi Nicky

 

LOL, yeah so they give you the run around.. and have legal training.

 

 

So what are you going to do? are you going to take it all the way?

 

trooper68

[Nicky Bodmin]

What do you think. Its my car the BOS and CA is not in my name its in a man name. So they cant even say I took it out no way no how.

 

I'm trying to put the application together now

 

I dont no how far to go with it though, because I have all the paperwork for it.

 

I have

 

1. Two different copies of the BOS one stamped and one not stamped

1a. Both the copies have two different signatures on them

 

1b I have one credit agreement this has yet another signature on it

 

1c. So three documents with 3 totally different signatures

 

Me thinks those naughty little boys at LOGBOOK LOANS have been practising their hand writing skills.

 

Maybe they should employ try employing staff that actual managed to pass their 11+ it helps.

 

2 The attestation is incorrect, Little Weed wasnt present so that left Bill and Ben to their own devises.

 

2a So there is no credible witness. Dear oh dear, how will they be able to defend the multipual signature not one the same. (thats a slap in the face0

 

I think that they might have to re think how many people they send out on a job. No matter how ambidextrus their rep is It dont work for tyhem but it does for me

There is lots more of their naughty behaver im going to list. Violence from the Baliff it goes on and on I want tpo be the first to put these down

[Nicky Bodmin]

Hi my story is different from most on here.

I have never applied for a LBL

But July of this year they came and took my car,they used violence to enforce the recovery.

They repossess my car for a loan that was not mine.

They were told this but took it anyway.

They sold it shortly after.

I had spent over two thousand pounds on it in January this year because it had a blown up engine and was sat outside my house for a year.

I don't no how a loan had been put on it. But I now no it has been put into someone else's name to do the loan.

Did you first make the application to the County Court and then to the magistrates court.

Can you please advice what procedure you followed many thanks

[trooper68]

Hi Nicky

 

How you been? Just a quicky, did you send off the letter before action?

 

trooper68

[Nicky Bodmin]

Hi Trooper yes I did and I have posted the reply on here.

I have not been on for a while because Im finding that at the moment I cant move forward with this I will post PM to tell u why.

[marie6666red]

hi to all dont have one of these loans but think you should all pass to each other details of the latest thread re log book loans and your insurance. you may all be driving round un insured. king regards.

[Nicky Bodmin]

Hi can you please tell me where the thread can be found please

[Nicky Bodmin]

I have been the legal owner of the vehicle registration _ _ _ _ _ _ _ since July 2005. I bought the car through a bank transfer to _ _ _ 20 July 2005 (doc no.1,2,3,4,5) The vehicle has been in my name until ,2006 when I had the car put in my friends name of _ _ _ _ _ _ _ and registered to the _ _ _ _ address. (letter from doc no. )

 

In December 2006 the car went for repair under an insurance claim with the NFU, it was off road for 8 months. Due to further damage while in their care lack of oil in the engine The car was put back on the road for 5 weeks 9 November 2007 (doc no ) until the engine finally blew up in the December 2007 on a garage forecourt. It was recovered back to the _ _ _ _ address.

 

In July of 2009 I was contacted by a company to extended my warranty on the car, so I could claim for a new engine. But through missed payment policy was cancelled.

Finally I had a replacement engine fitted in January 2009. (doc no 2) it went on road in February. The labour cost were part covered by a Shoppacheak loan of £500 and the rest of payment was cash (Doc no )

 

I had applied for a prudential loan in the December of £500 to go towards the payment of the engine. (doc no 3)

 

I put the money from the loan onto my credit card and made full payment by card on the engine (Doc no. )

 

While the vehicle was in the Garage in January 2009 two bailiffs attended my property at nine at night aggressively asking where the _ _ _ was. This was the first time that I had been made aware of the Logbook loan they gave me full details of the loan threatening me that they would have me done for theft it was theirs to take because my husband has made no payments at all since taking out the loan. I told them I was not his wife it was my car and knew nothing about any loan. They left details of who to contact and left because the car was not there.

 

I called the company the next day explained that it that I was the true owner and quitable owner of the vehical. They told me it was legally their car because of the loan and if I wanted to keep it I had to take over payments of the loan.

 

I told them to recover the money from the person who name the loan is in. I was advised they would get back to me. After that date I made several calls and was told the same every time I called, they would be in contact.

 

I heard nothing until end of July 2009 when the bailiffs turned up and pushed me to the ground to gain entry to my car. I was not shown any ID.I had items in the car that I had added myself and was not allowed to remove. They took it and after lots of emails and attempts to stop them from selling it telling them it was my car at all times they sold it. I have put my full complaint to them but as of today’s date not had a response. I can prove the true owner of the vehicle with all documents with my application and equitable owner of the vehicle because of what had been paid out on the car.

 

I look to the Courts to make an application to challenge the authenticity of the Bill of Sale that was registered 16 September2008 (Doc no igh Courts on the

.

 

·The execution of the Bill of sale does not comply with the requirement of the Act.

·Wrongful registration of a Bill of Sale. Proof of malice and want of reasonable and probable cause

·The true owner of the chattels is not a named party to the BOS and Credit Agreement

 

 

Bills of Sale Act (1878 amendment Act 1882

 

1882 CHAPTER 43 45_and_46_Vict

 

Modifications)

 

C1Act excluded by Bills of Sale Act 1890 (c. 53), Agricultural Credits Act 1928 (c. 43), ss. 8(1), 14(1), Agricultural Marketing Act 1958 (c. 47), s. 15(5) and S.I.1972/1268

 

The schedule of the bill of sale

 

The Act contains two important provisions that void the Bill of Sale “accept of the Grantor in respect of

2 Personal chattels specifically described therein of which the Grantor was not the TRUE OWNER at the date of the DEED

 

 

SEC. 5.

Bill of sale not to affect after acquired property

Sec 5 “Save as herein-after mentioned” (ie.in sec6) “ a bill of sale shall be void, except as against the grantor, in respect of any personal chattels specifically described in the schedule thereto, of which the Grantor was not the TRUE OWNER at the time of the execution of the bill of sale”

This enactment is not restricted to after-acquired property; it extends to a case where the grantor has already assigned away the property absolutely. (Tack v Southern Counties Deposit Bank 1889,42 Ch D. 471), or where an undivided moiety of the goods belongs to another (Ex parte Barnet, In re Tamplin, 1890 62 L. T. 264). But the words “true owner” are satisfied by either legal or equitable ownership, eg e.g. by the equity of redemption upon a prior bill of sale by 7 way of security ( Thomas v Searls[18910], 2 Q. B 40,or an equitable interest under a settlement (Ex parte Pratt, In re Feild,1890.63L. T.289), or the legal ownership of a trustee (Ex parte Williams, In re Sarl [1892],2 Q. B. 591

 

·The execution of the Bill of sale does not comply with the requirement of the Act.

 

·Wrongful registration of a Bill of Sale. Proof of malice and want of reasonable and probable cause

 

·The true owner of the chattels is not a named party to the BOS and Credit Agreement

Breach of the Tort of trespass Act

Taking motor vehicle or other conveyance without authority. Theft Act 1968 c 60 sec 12—

(1) Subject to subsections (5) and (6) below, a person shall be guilty of an offence if, without having the consent of the owner or other lawful authority, he takes any conveyance for his own or another’s use or, knowing that any conveyance has been taken without such authority, drives it or allows himself to be carried in or on it.

 

I ask the Courts to compensate for the replacement of all my financial costs to replace the vehicle as it has now been sold, and to recover my loss as a direct result of their illegal enforcement to recover monies owed by another.

I would like the courts to consider compensation for the stress mentally and physically as a result of dealings with Log book loans

[Nicky Bodmin]

Hi all site, i need some help with trespass to chattels act. There is ruling in the act that will allow me to claim as an improver I interperate this so that I can claim the loss of the money invested to make the car roadworthy. can anyone also advice me about legislation that will cover the assult by the balifs to get into my car. Also i have read threads from someone where she had civil court transfer to magistrate court for the theft of the car and how this was done thanks

[Nicky Bodmin]

http://i1004.photobucket.com/albums/af166/nicholasinclair/LBLfinal001.jpg[/img]

 

Hi Guys this is LKBL response.

Edited January 30, 2010 by Nicky Bodmin
first part of letter will not open

[Nicky Bodmin]

[BankFodder]

On the basis of what I see here, I don't think that the arguments/point contained in the LBL letter of the 15th Jan are particularly useful to them.

 

From what I understand about this case, you should be bringing your action in

Conversion under the Torts (Interference with Goods) Act

 

I understand that you may also have been pushed over and I would add a claim for Tresspass to the person.

 

I would be seeking all losses - including improvement etc.

For the trespass to the person I would be looking for an award in the discretion of the judge plus exemplary damages at the discretion of the judge.

[Nicky Bodmin]

Thank you for your reply.

So I use the Sec 5 BOS as set out in the letter.

The thieft Act

The money spent on car can be claimed under the interferance of goods and my loss ie taxi costs to put another car on the road. Can you advice me of the sec I use of the Act

Will this cover compensation for the stress etc.

Unjust enrichment were would I find ref for this

many thanks Nicky Bodmin

[BankFodder]

What is s.5 BOS?

 

Why are you trying to use the Theft Act?

[Nicky Bodmin]

Hi because It has always been my car. The loan put on it was not in my name. So they have repossessed the car for someone elses debt. I have not sold the car nor handed over legal ownership. I paid for mit 5 years ago.

[Nicky Bodmin]

Sec 5 is set out in my letter above

[Nicky Bodmin]

I have looked at the converstion of Torts in the interference of good act and my understanding is that it deals with joint ownership I am and have always been the sole owner.

Can you please explain how this ref in the act covers me Im not a joint owner

[BankFodder]

There doesn't have to be co-ownership for conversion to occur. But there must be a bailment.

 

Looking at your story again, I do think that I was wrong and that conversion is not appropriate - or maybe use it in the alternative.

 

So you should be suing in trespass to goods and also trespass the the person.

 

The claim form will be quite straightforward.

 

You allege that you were the owner of the vehicle and that it was in your possession and that it was taken away from you unlawfully.

 

You then allege conversion in that they were in possession of the car, they had a responsibility to you and they converted the car.

 

You would also allege trespass to the person in that they unlawfully seized the car and while you were trying to defend your goods you were assaulted.

 

All the rest of the stuff you have outlined is useful in evidence.

Your claim should really outline the bare details to indicate the story and that you have a valid case against them and that they must defend.

 

Then they put in their defence and that is when you will understand exactly what information you will need to provide to respond to their defence.

 

I imagine that they don't expect you to bring a case against them - so when you do I wouldn't be at all surprised if they try to enter into discussions with you to bring the matter to an end.

 

You should ask for exemplary damages on the assault in addition to damages for distress.

 

I seem to remember that trespass is actionable per se. this means that it is not necessary to prove loss or injury. The judge will award damages simply because certain basic rights have been invaded by the defendant. If you can then go on to describe injuries or distress, this will add to the damages. Exemplary damages will permit the court to demonstrate its displeasure at what has happened if the circumstances are clearly that the defendant has acted deliberately or recklessly.

 

What is the value of this car?

 

I can well imagine that you will be going considerably beyond the small claims limit and that if they felt that they had a chance, they might start instructing a serious legal team partly on the basis that you wouldn't want to end up paying costs in the event that you lose.

[trooper68]

Can section 8 of the human rights act be used in this instance as well?

 

trooper68

[Nicky Bodmin]

Hi Trooper,

Yeh I was going to use that to. There was a thread a while ago were the Cagger had got judgment in Civil court but then managed to have it sent to criminal court

Can you remember where it can be located please

Is all well with yourself

[BankFodder]

Human Rights places duties upon public institutions.

 

I suggest that Nicky Bodmin just get on with the issues identified.

If you get judgment on the issues I have referred to you can then continue to make further and more serious complaints if you want.

 

Build up a position of strength slowly and methodically

[Nicky Bodmin]

Thanks keep it simple

Yeh sounds right.

Once I have obtained judgment

Then the police will have to get involved. They then can pursue LBL

I should think at that point in time I will have had enough of them.

Im hoping that they settle out of court because Im unrepresented, I cant afford legal help, so no choice but to go it alone.

This doesnt phase me as I have taken a case to the Royal Courts in defence myself and my McKenzie friend before.

Its just putting the picticulars of claim together

Thank you again for your guidance

I dont think LBL are wanting this story to hit headlines

As my case is different from most on this site.

I never had a loan with them ever, but still suffered the loss of my car.

[trooper68]

Human Rights places duties upon public institutions.

 

I suggest that Nicky Bodmin just get on with the issues identified.

If you get judgment on the issues I have referred to you can then continue to make further and more serious complaints if you want.

 

Build up a position of strength slowly and methodically

 

 

Just felt like I was told off You learn something everyday...

 

trooper68

[GuidoT]

I would not even attempt to provide advice here, but I wish you well with it, clearly you have been wronged.

 

No wonder these guys have had their licence revoked.

[BankFodder]

Just felt like I was told off You learn something everyday...

 

trooper68

 

Sorry - not at all intended.