Who thinks what LBL do is Harrasement?

[jolygreengiant]

Any solicitors like to sue LBL

Long Storey Short.

LBL took me to court, I won. Judge says I’m due Compensation.

So many variables are capped. However harassment isn’t I don’t believe.

Any solicitors like this idea?

Judge stated I need a solicitor for this element of the case, presumably to maximise my claim.

LBL case purely built on, abusing the system.

Who do you recommend? Who would like to? Who thinks what LBL do is Harrasement?

[Hip_Hop]

Hi JGG,

 

I am a little confused, correct me if I am wrong, but my understanding from your previous postings, was that your case was not contested by LBL at court, and that LBL wanted to drop their claim against you,before the court hearing.

Subsequently the judge asked both you and LBL before him, to formally drop the case and to come to a mutual agreement to settle. If not, he will ask you both before him, to explain why you have not been able to agree a financial settlement as ordered.

 

That is why, I believe, he advised you to get legal representation, in order to get the settlement agreed between the two parties.

 

If my assumptions are correct JGG, than why are you asking "Any solicitor like to sue LBL"? As there is no outstanding legal case to hear? But just a mutual settlement figure that needs to be agreed between the two parties?

 

On the basis of the above, it would appear that you just need advice as to the value of a figure to take in to account your claim of the harassment element.

You need this, in order for yourself or a solicitor to put together a structured figure for LBL to consider that you would be prepared to accept as a final figure, as part of the total compensation package for LBL dropping the case, is that correct?

 

Just my penny's worth JGG, hope it helps. I am sure there will other caggers along to offer further advice.

 

Hip_Hop

Edited October 27, 2010 by Hip_Hop

[applecart]

Hi JGG,

 

I am a little confused, correct me if I am wrong, but my understanding from your previous postings, was that your case was not contested by LBL at court, and that LBL wanted to drop their claim against you,before the court hearing.

Subsequently the judge asked both you and LBL before him, to formally drop the case and to come to a mutual agreement to settle. If not, he will ask you both before him, to explain why you have not been able to agree a financial settlement as ordered.

 

That is why, I believe, he advised you to get legal representation, in order to get the settlement agreed between the two parties.

 

If my assumptions are correct JGG, than why are you asking "Any solicitor like to sue LBL"? As there is no outstanding legal case to hear? But just a mutual settlement figure that needs to be agreed between the two parties?

 

On the basis of the above, it would appear that you just need advice as to the value of a figure to take in to account your claim of the harassment element.

You need this, in order for yourself or a solicitor to put together a structured figure for LBL to consider that you would be prepared to accept as a final figure, as part of the total compensation package for LBL dropping the case, is that correct?

 

Just my penny's worth JGG, hope it helps. I am sure there will other caggers along to offer further advice.

 

Hip_Hop

 

Hi Jollygreengiant

 

Nice idea of yours to come on the forum looking for a solicitor - I thought there were quite a few on here - maybe they will come along soon?....

 

In the meantime; HipHops summary of your case is correct as far as I can gather......

 

You can of course 'cut to the chase' by contacting a 'legal draughtsman' - these guys are the experts that solicitors go to to assist with drawing up the 'actual' costs of taking the claim to court.

 

These guys specialise in wording and costing out what you will have spent and will also know what the likely costs of a claim for harrassment would acheive and they would input a figure into the claim for you.

 

They charge around £250 - £500 - you simply send them a copy or a synopsis of the case you made against the lender - they will draw up a proposal along with a spreadsheet of all your costs to include your time and expenses - the overall charge they make will depend on how much work they have to do for you - but the good thing is.... their costs are recoverable from the lender as well as yours : )

 

Google 'Legal Draughtsmen' for your area and get in touch with one.

 

Hope this helps?

 

Apple : )

[applecart]

The £250 - £500 is the retention charge they may make - but you can negotiate this figure with them - afterall - it's not as though your asking them to win your case for you - You've already done the hard work - they know they will get paid on this one!

 

Apple : )

[jolygreengiant]

Dear Hip Hop

 

You have summarised it perfectly.

 

I believe that any legal expenses are then covered.

 

 

I believe this is a way of getting someone interested in this area of the law to make themselves known.

[Hip_Hop]

Dear Hip Hop

 

You have summarised it perfectly.

 

I believe that any legal expenses are then covered.

 

 

I believe this is a way of getting someone interested in this area of the law to make themselves known.

 

Thanks JGG,

 

I am no expert but you may need to clarify the situation on legal costs. Did the judge not give the parties directions on legal costs previously?

 

On your point of getting someone interested in this area of law to make themselves known. That is not my understanding how solicitors/legal practices generally operate.

 

Normally, once a lsolicitor qualifies after they have successfully finished their articles/ training, generally in a variety of legal disciplines to give them a flavour of the differnt types of legal work on offer, they then elect to either specialise in an area of the law, say Litigation. This could be in one of the many subs of the Litigation umbrella, family, divorce, debt, immigration,Marine, employment in other words Commercial or Civil Litigation.Or, they could go into Conveyancing, ie Commercial or Residential property. Or Company Law or Private Client (Trusts and Probate) or indeed another area of the law, that I haven't listed. They can combine a mixture, deciding to focus on those areas to pick up expertise and a reputation as specialists in those areas such as high profile Divorce work or child custody cases or Criminal, all areas under the Litigation umbrella.

 

The Bills of Sales issues that appear on this forum, would not generally, of their own accord, be large enough for a solicitor to uniquely specialise in.

 

Normally solicitors who specialise in Bills of Sales tend to be associated with legal matters pertaining to larger securities like ships etc. The log book loan companies that have sprouted up tend to loan small amount in comparison to individuals who are usually, at last resort stage, unable to seek legal redress because of limited financial resources. Not the small (in comparison) to the main group who like yourself have had a car bought in good faith seized but with a BOS attached. So they would not ordinarily be the sort of target market that a Solicitor would be looking to attract.

 

I hope that makes sense?

As always, this is just my opinion and me giving my penny's worth. I will always bow to those with greater knowledge and expertise if I have erred in my info.

[jolygreengiant]

HH as always thank you

The judge was pi$$ed with LBL.

LBL won the initial case, as they served to the wrong address.

Hence the order to hand over my car.

I asked for a set aside motion.

I had to obviously submit written proof as to why the motion should be set aside.

LBL decided not to fight my Motion & removed their claim to my car.

The Judge stated that if they had fought the case in his opinion they would have been unsuccessful.

He commented that my summation was clear & very well researched.

Motion to set aside granted.

All claim to the car by LBL removed.

We are to agree a settlement for losses & expense between us or it will be back before him for his determination. This is when he advised to get a solicitor.

He felt many would work this no win no fee. I guess as it is a guaranteed success!

[jolygreengiant]

Dear All

Update. LBL have written 2 letters today.

First offering a settlement cost of Court fee plus 30 hours of work.

Second damages. They want evidence is there of a loss? Any ideas?

[applecart]

Dear All

Update. LBL have written 2 letters today.

First offering a settlement cost of Court fee plus 30 hours of work.

Second damages. They want evidence is there of a loss? Any ideas?

 

Hi Jollygreengiant...

 

In my opinion - They are having a 'laugh' (although I can imagine their loose change must be running out - ha, ha, ha)

 

They are offering you less than £500 I presume for your effort?

 

You can take my humble advise or leave it - but; that would in no way cover your expenses or your time spent and is no where near what you could be getting from them as a settlement - they can afford to pay you loads more than that - don't be short changed - go for an amount in the £1000's x 2 or 3 or more - the ball is in your court NOT theirs

 

I posted earlier - you can get a legal draughtsman involved; their costs would be chargable to lbl - Please tell - is there some reason why this advise is of no use to you?

 

Apple

[applecart]

Oh by the way....

 

Proof of the loss at this stage - is the Judges order that they 'settle' the case by arbitration or come back before him -if they let that happen - then I think; the Judge will happily spell it out for them : )

 

Apple

[jolygreengiant]

I posted earlier - you can get a legal draughtsman involved; their costs would be chargable to lbl - Please tell - is there some reason why this advise is of no use to you?

 

 

Dear Apple

 

Your advice is excellant.

 

I am very appreciative. I will be getting on the ball, just been so busy with an item that part 6 concluded yesterday.

 

Now onto this. AAAAAAAAAAAAAAAAAAAA

[applecart]

Ok, just wanted to be sure that you got the info : )

[jolygreengiant]

I have another thought?

 

As LBL have admitted fault, who can think of losses to claim for? Sols only interested if claim over 5K.

 

To start the ball rolling:

 

Time of work

Nightly research

 

Depretion of vehicle, as I can show via dash vehicle not used

 

Loss of use?

 

Anyone else got any?

[applecart]

I have another thought?

 

As LBL have admitted fault, who can think of losses to claim for? Sols only interested if claim over 5K.

 

To start the ball rolling:

 

Time of work

Nightly research

 

Depretion of vehicle, as I can show via dash vehicle not used

 

Loss of use?

 

Anyone else got any?

 

Hi Ya

 

You could include any or all of the following:

 

All communications sent to the lender via telephone or letter/fax

communications with the Court via telephone, letter/fax

Time spent reading/researching the various Acts of Law

Travel costs to and from hearings

Parking costs to and from hearings

Time spent drawing up your claims/defences

Issuing the claim/defence costs

Time spent completing Allocation Questionaire etc

Time spent researching case law

Time spent internet searching for information

 

Essentially, anything at all that you have had to spend time doing in order to effect the case and bring it to conclusion should be listed and set out and sent to the lender.

 

Each element needs to have an amount of 'time' and/or an actual cost associated to it.

 

i.e

 

1. communications with Lender from 01/09/09 to 03/11/10 - 16 hrs @ £9.25 £148.00

 

2. Research CCA 1974 - 100 hrs @ £9.25 £925.00

 

3. Parking - hearing at xxx Court 5 hrs @ £3.00 £15.00

 

There is a form on line that will guide you - google 'Form and contents of Bills of costs' - you should find this useful.

 

Depreciation costs is quite another ball game - if the court has awarded or indicated that you can claim this - then do so; I would proffer that you consult the 'glaciers guide' and check to see what the cost was 'then' and likely cost 'now' on the vehicle to get some idea of how much you could claim.

 

Hope this helps for now?

 

Apple : )