Out of court Settlement with Nine Regions Ltd T/A Log Book Loans (WON!)

[Hip_Hop]

Judgment and Order Made Against NINE Regions T/A Log Book Loans!

 

Yesterday I went to court and the Judge granted the following Order against Nine Regions Ltd trading as Log Book Loans:

 

"It is ordered that

 

Before District Judge xxx sitting at xxxxx Court.

 

Upon hearing the Claimant and the Defendant

 

and upon it appearing to the court that the Defendant has seized the Claimant's motor car without complying properly with section 76 of the Consumer Credit Act 1974.

 

IT IS ORDERED THAT

1. The Defendant NINE REGIONS LTD (trading as Logbook Loans) is forthwith upon service of this Order upon them to deliver up possession of Jaguar XJ8 motor car registration no: xxx xx to the Claimant, together with its keys and Logbook.

 

2. The matter is to be re-listed for directions in relation to the balance of the claim on the first open day after 7 days (time estimate 30 mins, not suitable for telephone).

 

Notice of Hearing

 

Take notice that the hearing will take place on 13th October 2010 at 2.30pm at xxxxx Court.

 

When you should attend

 

30 MINUTES has been allowed for the Hearing.

 

Please note: this case may be released to another Judge.

 

 

Please note that the Judge made several points in relation to the way the Defendant enforced the credit agreement, and the numerous charges levied on my account. Will update later on receipt of transcript from court, as I have promised previously. Car with Logbook is being returned tomorrow.

 

Directions hearing will deal with money aspect of claim for compensation for unlawful seizure as I am reliant on vehicle for my work.

 

Hip_Hop

[Hip_Hop]

Apologies to the moderators, posted under the Bos section in error. Have copied and pasted in to Repossessions as didn't know how to move this one over, so please feel free to delete this one.

 

I know that good news is always nice to post but it wasn't my intention to double post, so sorry. Hip_Hop

[wannabedebtfreesoon]

That's fantastic!! Congratulations! I just love to see these wretched companies getting what they deserve!

 

What was your claim for??

[Hip_Hop]

Thank you.

 

Claim was for unlawful seizure and compensation for loss suffered

That's fantastic!! Congratulations! I just love to see these wretched companies getting what they deserve!

 

What was your claim for??

[wannabedebtfreesoon]

Hope you don't mind me asking details, just that I've got an ongoing claim too and really appreciate the benefit of others' experience.

On what grounds did the judge hold that they had unlawfully removed your car and do you mind me asking what kind of compensation you have requested?

[Hip_Hop]

The judge ruled that Nine Regions Ltd Breached s76 of the CCA. Transcript will give full details of his ruling and the summing up will explain how he arrived at making the order

 

On compensation. I am asking for loss suffered as a consequence of unlawful seizure, costs of bringing claim, loss of earnings plus all unreasonable expenses to be reimbursed.

 

Hope you don't mind me asking details, just that I've got an ongoing claim too and really appreciate the benefit of others' experience.

On what grounds did the judge hold that they had unlawfully removed your car and do you mind me asking what kind of compensation you have requested?

[dx100uk]

so what are you trying to do here?

not my game i'll admit..

 

you owe these people money?

or

you don't and they claim you do?

or

you are trying to use 'legalities' to contest outstanding payments?

 

then i'll find someone...

 

dx

siteteam

[OBWanBenoni]

Congratulatiuons

[Hip_Hop]

Hi DX,

 

Thank you for your questions. To clarify, there are a number of postings that are in regards to the witnessing of CCA, BOS and Affidavit that ask the same question, is it legal for a party that benefits an agreement to witness their own agreement that they benefit from but to date no definitive answer can be found on the forum, so the question is repeated and repeated.

My original posting was to use my bos details as an example only to ascertain if there was indeed a member(s) who could clarify that, if not than Caggers will remain in blissful ignorance regardless of my own predicament. I am sure any advice would be appreciated by other Caggers who have similar documentation with just the one signature by a beneficiary on all paperwork.

Edited October 3, 2010 by Hip_Hop

[postggj]

has a solicitor witnessed the bos

 

must be independant

[Hip_Hop]

has a solicitor witnessed the bos

 

must be independant

 

No, as detailed in Post #1 the BOS was witnessed by the Underwriter (The beneficiary). The affidavit was sworn by the underwriter in front of a Solicitor/Commissioner Of Oaths who signs the affidavit as being "Before Me" but was not a witness, nor present when the BOS was signed by the Underwriter and Borrower.

 

The Commissioner of Oaths/Solicitor was independent. The signature has firm stamp below it.

Edited October 4, 2010 by Hip_Hop

[cctv engineer]

Hip_hop.

if you think your bill of sale is not right i would see a solicitor. you have done alot of work but what i can see is your are only reading things that you think will help you and not the true act.

 

point 1. a solicitor who signs off a bill of sale Must be licenced by the crown. to do bill of sales.

 

agents can witness bill of sales (on your paperwork you will see he has put his name and personal address) this make him a witness.

 

if you are going to fight that your bill of sale is not valid then have it checked first.

 

how much of your loan is outstanding ????

and you have a judgement and your car back ....... i would now hide it........... logbook will do everything right next time

[applecart]

Yesterday I went to court and the Judge granted the following Order against Nine Regions Ltd trading as Log Book Loans:

 

"It is ordered that

 

Before District Judge xxx sitting at xxxxx Court.

 

Upon hearing the Claimant and the Defendant

 

and upon it appearing to the court that the Defendant has seized the Claimant's motor car without complying properly with section 76 of the Consumer Credit Act 1974.

 

IT IS ORDERED THAT

1. The Defendant NINE REGIONS LTD (trading as Logbook Loans) is forthwith upon service of this Order upon them to deliver up possession of Jaguar XJ8 motor car registration no: xxx xx to the Claimant, together with its keys and Logbook.

 

2. The matter is to be re-listed for directions in relation to the balance of the claim on the first open day after 7 days (time estimate 30 mins, not suitable for telephone).

 

Notice of Hearing

 

Take notice that the hearing will take place on 13th October 2010 at 2.30pm at xxxxx Court.

 

When you should attend

 

30 MINUTES has been allowed for the Hearing.

 

Please note: this case may be released to another Judge.

 

 

Please note that the Judge made several points in relation to the way the Defendant enforced the credit agreement, and the numerous charges levied on my account. Will update later on receipt of transcript from court, as I have promised previously. Car with Logbook is being returned tomorrow.

 

Directions hearing will deal with money aspect of claim for compensation for unlawful seizure as I am reliant on vehicle for my work.

 

Hip_Hop

 

 

 

Congratulations!!!!!!

 

now ask yourself.... did you really need to see the 't-shirt'?

 

You were wearing one yourself all along : )

 

Well done Hip Hop!!

 

 

Apple : )

[Hip_Hop]

Thank you Apple, your are a Scholar and a gent.

Did you get the opp to read my thread on Attestation and the 3 signatures but all by the same underwriter? I'm just thinking of others who are looking for answers.

[applecart]

Thank you Apple, your are a Scholar and a gent.

Did you get the opp to read my thread on Attestation and the 3 signatures but all by the same underwriter? I'm just thinking of others who are looking for answers.

 

No, I'm sorry; your thread may have 'escaped me'....

 

post me a link - by the way; let me say; I am so proud of you : )

 

Apple : )

[applecart]

Site Team

 

Surely - this is one for the main page????

 

Apple : )

[Hip_Hop]

I agree Apple. Not one to blow my own trumpet but this judgment will have a profound impact on those who have had their cars seized previously.

 

Attestation link for your comments.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?278273-Attestation-same-signature-on-BOS-Affidavit-amp-CCA-Credible-witness-Party-thereto

Edited October 4, 2010 by Hip_Hop

[applecart]

I agree Apple. Not one to blow my own trumpet but this judgment will have a profound impact on those who have had their cars seized previously. BTW look under the bos sub and Re: Attestation-same signature on BOS, Affidavit & CCA Credible witness/Party thereto?

 

I'm ahead of you - i saw it and put my two penneth worth in : )

 

Made very interesting reading - let me know what your take is on the points I've made - (oh, by the way - can i have a drive in your Jag? : )

 

Apple : )

[Hip_Hop]

I'm ahead of you - i saw it and put my two penneth worth in : )

 

Made very interesting reading - let me know what your take is on the points I've made - (oh, by the way - can i have a drive in your Jag? : )

 

Apple : )

 

Apple, couldn't see your comments on the attestation thread

[JonCris]

Great!

 

Also can we have a link to the attestation thread

[Hip_Hop]

Great!

 

Also can we have a link to the attestation thread

 

Link at bottom of this post as requested but still can't see Apple's points on that thread, unless I have misunderstood ??

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?278273-Attestation-same-signature-on-BOS-Affidavit-amp-CCA-Credible-witness-Party-thereto

[MARTIN3030]

Post unapproved.

Whatever personal thoughts,we cant have these sort of comments directed.

Please keep things civil.

[Hip_Hop]

You are absolutely right Martin. So here is basically the same thread response without the Harry Enfield character comparison/strapline etc. I have kept the essence of the post the same though, as clarity in my posts are important factors.

 

.

Hip_hop.

"if you think your bill of sale is not right i would see a solicitor."

 

There is no need to see a solicitor as I have a judgement and ruling against LBL that satisfies my requirements to bring this agreement to an end once we have agreed a commercial resolution and adequate recompense.

 

"you have done alot of work but what i can see is your are only reading things that you think will help you and not the true act."

 

I don't understand your legal argument, it makes no sense. It is the nature of legal argument that one focuses on legal points that proves one's case, hence the reason why the judge acceded that I had a Prima Facie case and that LBL had breached the CCA. My legal case was proven. What true act would you have focused on CCTV?

 

"point 1. a solicitor who signs off a bill of sale Must be licenced by the crown. to do bill of sales."

 

With respect CCTV you are incorrect. Qualified Solicitors in England and Wales are not licenced they are regulated by the Solicitors Regulation Authority. The Solicitor/Commissioner of Oaths that signed the Affidavit in regards to my agreements, didn't sign off the bill of sale nor did he "do bill of sales" in regards to the affidavit. He was signing the affidavit as a Commissioner of Oaths that the affidavit sworn by the underwriter was true.

 

"agents can witness bill of sales (on your paperwork you will see he has put his name and personal address) this make him a witness."

 

With respect, you must read the details in postings before commenting CCTV.

 

I state in post #1 "There is nothing in the act that prevents an agent of the grantee being an attesting witness [Pearce vs Brookes 1895], 2 Q. B. 451)."

 

I simply question the assertion whether it is lawfully enforceable for a party that benefits an agreement to witness their own agreement that they benefit from. That's the primary question of the thread. Did you not pick up on that?

 

 

 

"if you are going to fight that your bill of sale is not valid then have it checked first."

 

It was never my intention to fight my case primarily on theBOS

 

As I have stated many times before in my other postings. Only 3rd party victims i.e like yourself and Jolygreengiant who have purchased cars with a BOS attached etc have an opportunity to address the BOS directly as not being directly legally valid. The rest of us are more likely to run out of time if we make the BOS our primary target and miss out on stronger legal argument. Where others have tried to do so with the limited 15-30 minutes, they end up mostly with either a time order and/or return of vehicle such as achieved by Ims etc as you are aware.

 

The definitive breach judgment result and order, that was made against Nine Regions Ltd T/A Log Book Loans, was a much better result than that achieved previously by others, which is the reason I posted it for all to see.

Out of curiousity, where's your judgment posted CCTV?

 

"how much of your loan is outstanding ????"

 

It has no relevance as it is not an HP agreement.

 

"and you have a judgement and your car back ....... i would now hide it........... logbook will do everything right next time"

 

Again I fail to understand why you make that assumption. I don't believe there is a need to hide anything. The

account is in dispute

and is subject to an ongoing legal process. You are fully aware that there is a money claim hence the reason that there is a Direction Hearing posted below the order that the judge ordered for the rest of my claim for the 13th October.

As you know, LBL have been found in breach of CCA S.76 and unlawfully seized the car. There is a financial compensation penalty for unlawfully doing so. Therefore, it is highly unlikely, Nine Regions/ LBL will be looking to

seize

the car anytime soon or ever. Would you with a judgment against you for unlawful seizure? The game is up for them CCTV as is their appeal to hold on to their licence once OFT have been made aware of this unlawful act and others that have been perpetrated whilst trading under appeal. My details will be included if we are not able to settle an agreeable compensation sum.

 

CCTV in closing, it is unfortunate that your post does not take any of these points forward, nor do your comments advance the thread for others. i.e Is the legal argument made or not. If it is is, why? If it isn't , why? That was the main reason I posted it. For clarity.

Edited October 5, 2010 by Hip_Hop
clarity points added, due to PM's received

[Hip_Hop]

Is there no one on the CAG forum who can look at post #1 of this thread and give a legal opinion on whether my bos and others who have the same detail is enforceable or not? I purposely kept it simple but the best comment to date is to see a solicitor and that, is on a self help forum?

 

The same individual, the underwriter, signs the BOS as witness, signs the Consumer Credit Agreement and swears the affidavit even though he is a beneficiary and nobody else thinks this is strange or shares my concern that there is leverage to use this against them? This is either really strange???? or maybe I am just reading this wrong. Any advance on see a solicitor?

 

Where are the fighters on this forum, it appears to have gone very quiet, Wannabe, Apple, CCTV, Nicky, Postggj etc anyone???

Edited October 8, 2010 by Hip_Hop

[tgsh2006]

I am currently looking to bring a case against Nine Regions based on this very point. I looked up the cited case on Lexis Nexis and unfortunately it does not contain the full judgment (just the head note). Whilst it was held that an Agent could act as witness I feel that the correct way of challenge would be in the context of the CCA 1974; i.e. if the witness has signed the CCA 1974 agreement as a party (in other words for and on behalf of Nine Regions Ltd) then there is a line of argument to distinguish present day BOS covered by a CCA 1974 agreement with what happened in the cited case over a century ago. Looking at the case law database the point has NOT been raised, and therefore it is yet to be decided in the higher courts. Therefore if the OP (or anyone else) is considering this poiint I'd be happy to chat in private etc.

 

One thing I have noticed is this affadavit, I assume people have obtained this from the Judgments and Orders section at the RCJ? I only ask as when I was doing my own research no affadavit pertaining to the BOS in question appears to be with the paperwork. Another method of general challenge is were Nine Regions fail to serve a valid Default Notice, one can then go for a Declatory Judgment against Nine Regions.