Help with log book loans can the bos be voided under section 9/10

[taran977]

Hi

 

Could someone please offer me some advice, I had my car taken by log book loans about a week ago and on my bill of sale (or at least that's what i think it is) has been signed by the person that issued the loan....so does this mean that the BOS is invalid and if so how do I go about contesting this with them??

 

Sorry I have posted this on another thread but didn't get a reply.

 

Thank you

[timpo1981]

read paragraph 3 AND 4 again

 

then paragraph 94

 

then paragraph 102

 

they are talking out there backsides

 

also

 

the court thrEW out there whole case on the 17 auguest and found for the oft

 

ime just waiting for the transcript to be released

 

Tell me if I am wrong, but from reading the judgement sam1986 linked to above, it would seem that LBL did win the attestation issue on appeal by a majority decision with Judge Levenson dissenting. Hence the paragraph:

 

"We unanimously give permission to appeal to theUpper Tribunal against that part of a decision of a First-tier Tribunal, madeon 21 December 2010, which dealt with what has been called “the AttestationIssue”. By a majority (Judges Howell and Turnbull, Judge Levenson dissenting)we allow the appeal, set aside the First-tier Tribunal’s decision in respect ofthe Attestation Issue and re-make the First-tier Tribunal’s decision byanswering that issue in the negative: that is, a bill of sale is not renderedvoid by the circumstances posited"

 

They did however find that BOS's might well be void for other reasons, they are not void for the attestation issue. Para 102 that postggj refers to was the dissenting Judges decision and not the majority.

[postggj]

yes but there was a second judgement on the 17 auguest infavour of the oft

 

ime waiting for the transcript to be released

[timpo1981]

What was the judgement on the 17th? And did it deal with the attestation issue?

[postggj]

yes it did

 

it was also on log books loans credability to hold a consumer credit licence

 

cant say anymore as i do not know as yet

 

the transcript has still to be released but i have it on good authority log book loans lost on all counts

[sam1986]

has anything been released from 17th august yet...seems to be taaking a while for anything to be released ..

As it stands at the minute they can still take my car cant they ?? if the judgement from july was in favour of logbook and nothing else has been confirmed

[queensclose]

watching with interest

[applecart]

Hi All

 

We all wait anxiously for the latest appeal hearing outcome to be made public...

 

Here is the current status of thier licence held at OFT:

 

Licence Number:0512966

Licence Status:Current

Current Applicant / Licensee:

 

Business NameCompany Registration NumberNine Regions Limited4286387

 

Public Notices:

 

StageDateDocument LinkEvent TypeDate of ReceiptNotesAppeal to First Tier Tribunal18/11/2009Revocation17/03/2009 Determined To Revoke16/10/2009Revocation17/03/2009 Minded To Revoke13/03/2009Revocation17/03/2009

 

It is now 2011, and this has been going on since before March 2009.... so, I have sent a quick email to the main contact at the OFT to see if we can get any more detail to share right now.

 

Clearly, whilst their licence is showing as 'current', LBL can continue to trade - so, it would be most unwise to assume otherwise.... caggers just need to stay vigilant, because, they are still practising as previous on all accounts.

 

Hope this helps?

 

Apple

[applecart]

Hi All

 

I've had a response back from the OFT... which is :

 

"We are still waiting for Judge's written findings on LBL and hopefully they will be published in the next few weeks. Keep an eye on OFT's and Tribunal's websites"

 

so there you have it caggers........ not too long to wait now : )

 

Apple

[sam1986]

Thanks apple, atleast we know it won't be much longer now ... phewww

[Pandapa]

I need to know whether Log book loans can still enforce the bill of sale despite the judgement not being in public domain? I'm sure my bill of sale is void on account of the attestation issue. Just want to know whether I can use this against them at the moment.

[toansy26]

hi all

 

i feel it is important to post the exact truth regarding the court cases and the attestation issue as not to give people false hope.

 

logbook loans lost their first tier tribunal case back around november 2010,

there was five reasons,

 

one was the attestation issue, they appealed and it was dealt with in july 2011,

the appeal judges ruled that the attestaion issue was a substantive issue and of due importance to be dealt with seperately,

 

they did win on a two to one majority!

 

the case on the 17th august one poster refers to is the overall case for logbook losing their licence,

they did lose and we are waiting for the written judgement.

however this is a totally different issue!

 

the attestaion issue was of significant importance to not only logbook,

but to all lenders using bill of sale legislation, of which there is many.

 

The case can be found on BRITISH CASE LAW.

 

Bills of sale are valid on the attestation issue regardless if the agent signs and witnesses the loan,

one poster did mention that they may be not valid for other reasons,

 

i read no note of that in their judgement online,

but off course they are not valid if proper procedure is not followed,

this is what he may be referring to.

 

i hope this clears up this issue.