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    • OP stated they had been arrested, but not charged (let alone convicted). They DON'T have a criminal record, but do have an entry on the PNC. That information stays on the PNC (Police National Computer) for life, but doesn't get released in a standard DBS. It only MIGHT get released for an Enhanced DBS (eDBS) check  ... but it would be incredibly unlikely. (The rational behind this is that eDBS's allow for 'information at Chief Officer of Police's discretion' ..... this covers the 2 'barring lists' and is also intended for the scenario where someone has multiple arrests or investigations, where safeguarding is a concern .... it was brought in after the Soham murders / Ian Huntley case, where the information known about the now-convicted child murderer may have prevented his employment in a school, had it been made available). So, for the sake of accuracy and completeness, arrests stay on the PNC for life, wont appear in a standard DBS, MIGHT appear in an eDBS, but in reality, would be the exception rather than the norm, and I can't see them being released  to a defense barrister. What then if the defence found out a different way, and brought it up in court?. Again, unlikely, but the important feature is that the judge would make sure they trod very carefully!. They MIGHT consider using it if there were other factors that allowed them to try to cast doubts as to the truthfulness of your evidence, but on its own : No way. Anyone MIGHT be arrested (if a seemingly plausible complaint been made against them)! The approach to take if it did come up is to be truthful. "Yes, I was arrested. It arose from a vexatious complaint. I wasn't charged, let alone convicted. That could happen to any one of us, if a vexatious complaint gets made" Far better that than lying, saying you'd never been arrested, and getting caught in a lie : that would ruin your credibility. I'm incredibly doubtful it will even come up, though.
    • we dont get N157 because its new OCMC but no court dont have evidence either.   Just seems a bit of a pointless wait but oh well
    • Post #9 suggested some options to avoid or put off having a smart meter. Post #12 a simple solution to your complaint about the ay they handle fixed monthly DD. It's not really clear why you posted if you're going get irate when members "jump in" with suggestions. You can see what I'm referring to on "gasracker.uk" to allay your suspicion that I was lying in Post #16 which was made to correct ther misinformation shown in your Post #15
    • Back to octopus from the smart meter/tariff salesperson. Octopus have now said just ignore the letter - I dont have to have one despite there letter implying (at least) it was required, but that i will HAVE to have a smart meter if current meters stop working as 'their suppliers dont supply non smart meters any more'. They also say they do not/will not disable any smart functionality when they fit a smart meter I am of course going to challenge that. Thats their choice of meter fitter/supplier problem not mine
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Logbook loans have lost their final appeal they are officiallly gone


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HI GUYS ITS HERE AT LAST

 

They are going to the tribunal the same court as before. Its listed for the 25th July 2011 for three weeks.

Oh well at least we know were they all will be.

 

Maybe we can reposes all their cars cause they will be outside the courts lol.

 

well the cracks have started to appear in their staff line up. My case their has been a change of witness because staff members no longer with them.

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Ah, sweet April Nardulli. She, who wrote to tell me last August "We do not intend to accede to your demands for us to return the vehicle without an order from the court compelling us to do so." And was so miffed when 4 weeks later, such an order was made. LOL

 

She was/is a "Professional Standards Officer" (A grand title for a non qualified Solicitor!) For Nine Regions Ltd T/A Log Book Loans. Was/Is a member of their in-house legal team, but, she is not a qualified solicitor.

 

Another member did inform me that, he has heard directly from April N via correspondence from wismayers Solicitors.

 

Wismeyers, as some may not know, is Clive Wismayer, a sole practitioner who is also a Litigation consultant for a firm he shares office space with and has LBL as a client. His claim to fame is:-

Shaw v Nine Regions Ltd [2010] EWHC 3514 [QB]

 

Appeal. s.140A Consumer Credit Act 1974. Whether unfair relationship arising upon high interest loan secured on motor cycle. Contractual costs. Entitlement of creditor to recover. Whether provision therefor an unfair contract term.

 

It appears, that he may be exploiting April's knowledge as she is fully aware of the standard processes of LBL's seizure business model and may be using her as a cheap legal assistant or, she may still work directly for Nine Regions but has a wismayer email address for being copied into on all LBL matters that Clive Wismayer is dealing with?

Obviously I am just speculating and offering my opine with the usual caveats.

Edited by Hip_Hop
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Hi Hip hop,

 

What do ypou mean another mkember a Cag or who please explain

I was PM'd by another who has posted on the CAG forum previously.

 

They stated they had received an email from April Nardulli , emanating from Wisemayer email address and also with an attachment which was correspondence, on Wisemayers headed.

 

I never had any dealings with Wisemayer's as I dealt directly with Nine Regions, after I initially filed a claim in the Central London County Court for unlawfully seizing my Jag.

 

I just had the one conversation with the delightfully miffed April, and negotiated directly with Christopher DeBie, post the directions hearing and subsequent consent order, once we had agreed terms of settlement.

 

Sorry if it threw you with the "member" reference. I refer to anyone who is registered on the CAG normally as a "member", maybe "Poster" might be more apt?

Hope that clarifies matters.

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Thanks for the info Nick. Not before time!

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I've started looking at Logbook loans today, maybe you can help. My business purchased a car for him (company car) and for ease and insurance purposes registered the V5 in his name. £15000 and there are bank documents proving the purchaser's name, i.e. the company. Now I find out (*!^%" boy) that he's taken a loan out on the car. Surely because I purchased this car I have legal title to it. Oh! its not the first time either, last time when I settled his dept (driving down M5 with Debit Card) I told Logbook Loans that I owned the car so obviously they didn't take this on board. Son's..... who needs them, but I am quite prepared to go to court if I am just.

 

As for what my son owes , £7500 (was initally £4000) let them go through the correct channels to retrieve their money. Stupid thing is they cant get to the motor as they have no idea where it is, but in turn I cant sell it either.

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Hi Scoot100 Welcome to the CAG.

 

May I suggest that you start your own new thread rather than hijacking an existing thread. You will also get specific assistance from others on the CAG by doing so, rather than the casual reader that comes across it by accident.

 

May I also suggest that you add some additional details when you do re-post, so as to clarify matters.

 

It may sound obvious but the more details you can provide, the more help that will be forthcoming.

 

It may also be advantageous if you were able to attach any agreement that your son signed and any Bill of Sale (with personal details removed).

 

I have also posed some basic questions that you may want to consider before re-posting?

 

It is obvious that you are upset by what has transpired but with the additional information and with the advice of many that are available on the CAG, I am sure the right help and approach will be found to assist you.

 

As per usual, this post just gives my personal opine and is offered with the usual caveats.

My business purchased a car for him (company car) and for ease and insurance purposes registered the V5 in his name. £15000 and there are bank documents proving the purchaser's name, i.e. the company.
For the purpose of clarity, I assume the him you refer too, for the avoidance of any doubt, is your son? Does your son work in the business as you state it is a company car?

 

Now I find out (*!^%" boy) that he's taken a loan out on the car. Surely because I purchased this car I have legal title to it.
Please clarify. Did the company purchase it or did you personally purchase it?

You may be surprised to know that in any event, these Logbook loan companies, usually only have to satisfy that they are offering a loan secured on the vehicle to the registered keeper(s), as detailed on the V5c log book, with matching details on a valid insurance certificate. That and further proof of identity, usually a Driving License, and that is usually enough to show that they have been diligent in their dealings to satisfy that the loan company have established the true keeper of the vehicle. With that in place, they can and do offer a log book loan to that registered keeper,which unfortunately, it appears, the business/you allowed to transpire by virtue of making him the registered keeper?

 

Oh! its not the first time either, last time when I settled his dept (driving down M5 with Debit Card) I told Logbook Loans that I owned the car so obviously they didn't take this on board.
With respect, they didn't need to take that you owned the car on board, as you/the company, are no longer the possessor of the vehicle. Your son can drive the vehicle but the right to possess the car and all the rights that go with possession were transferred over to the logbook company when your son signed a bill of sale.

 

The security (Car) can be seized on default as detailed on the Bill of sale and provided proper default notices have been served.

 

Please note that they would not be repossessing on default as they can't repossess what they already possess by virtue of a valid Bill of Sale. Only on the loan requirements being fully satisfied would the the Bill of Sale not be able to be acted upon to seize the security (car).

 

I am not scaremongering just informing.

 

Therefore in order to avoid the car being seized, it is strongly suggested that you keep up the loan repayments and hide the vehicle at all cost in the interim.

 

If you do decide to settle your son's debt again, I would suggest you give serious thought to changing the log book to an alternative keeper.

 

I am quite prepared to go to court if I am just.
If they have a valid and a registered Bill of Sale secured against the loan than the logbook loan company would be just, in seizing the car if repayments were defaulted on and valid default notices have been served in their proper form.

 

So,continue the loan payments if you don't want an asset of your business seized for default.

 

As for what my son owes , £7500 (was initally £4000) let them go through the correct channels to retrieve their money. Stupid thing is they cant get to the motor as they have no idea where it is, but in turn I cant sell it either.
Unless you are able to hide the vehicle then the correct channels will be for them to seize their property (without a court order), provided it is on the public highway, otherwise, on private property, they would require a court order first. This hasn't stopped some of their agents unlawfully seizing vehicles off of driveways etc But forewarned is forearmed. Also they may not need to get a court order if the address that the vehicle is left on is that as listed on the V5c.

More importantly, penalty charges etc for defaulting can escalate substantially on top of the original loan in any event.

 

Remember on default the correct channels are simply, they can possess the car whenever they want, if they satisfy the conditions as mentioned above.

 

Equally, you might want to also double check they have not fitted a tracker to the vehicle too. After all, the best hidden vehicles can easily be traced with a tracker...

 

Most importantly in the interim, read everything you can on the CAG. You will find ample information on the Bill of Sale threads and vehicle repossession threads that may help you further.

 

Hope that has been of some help. In the interim, please do not respond to this post directly but start a new thread.

 

Hip_Hop

Edited by Hip_Hop
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  • 2 weeks later...

Hi All, Just to confirm, April Nardulli, Is currently working along side wisemayers solicitors with the title 'Trainee Solicitor' And is allegedly handling all case work relating to court actions from or against Nine Regions Ltd T/A Log book loans, However, every article or document enclosed is also signed by Wisemayer. I am thinking that in my particular case, who April Nardulli was present, following her introduction to the judge stating she was the 'Proffessional standard officer' the judge replied with " And what LEGAL training have you" reply "NONE".

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  • 3 months later...

So July 11th is D Day. It is interesting to read about Log Book Loans staff who have 'moved on'. So April Nardulli is now with Wismayers the firm of solicitors that Log Book Loans chose to handle my case against them. The Judge at the hearing ordered that my car be returned to me. Two weeks later my car was taken from my driveway. I can only guess who ordered it to be stolen. The people who stole it asked my neighbour if the owner of the car was black. How did they know that I was black and what does colour have to deal with stealing a car? A car thief does not want to know who owns any car. He is only interested in the car. Only someone who has dealt with me could have given the car thieves that information. I can only guess who was behind it. If I can find even the tiniest of evidence that will lead me to who ordered my car to be stolen and most likely sold for scrap, July 11th will indeed by a Day of Victory for us.

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  • 1 month later...

Good to hear is it me. Have you got a thread so everyone can see how you did it?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi Guys

 

We are under starters orders from Monday 25 July and that is tomorrow.

 

Is there anyone giving evidence at the hearing. It has already been extened to one month now instead of 3 wks.

 

Im giving evidence this wk for the OFT. I cant wait

 

I have had my case part heard and has been re directed to end of September.

 

Of course if they fail at this hearing to keep their licence they have the right tor appeal on that judgment.

 

Im not sure if they are allowed to trade after this hearing till the next. I will try find out.

 

Dont sit back just yet it will be months after the end of the AppeaLHearing before they get judgment it could even go into the new year so dont drop you gard keep all cars safe

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I suspect that they will be allowed to continue trading. Look at the banks with charges - all the time the case with the OFT was going through the courts, for the most time they carried on charging despite the legality of them being questionable.

 

Good luck with the hearing Nick. If you are able to, please let us know how you get on.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi Caro and Hi Is It Me,

 

Yes I will. I have been up in court alreadyn this year my trail was part heard, I ajourned it because of ill health. They cross ex me for 3 half hours. It was very interesting to see how they presented themself in court.

 

my case is diff from the rest of you guys because I didnt have a loan with them.

 

My case could bring very serious charges if proven.

 

IE Theft and money laundering because of the money being a proceed of crime. Thats what Im pushing for.

 

What day are you in court

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  • 2 weeks later...
Hi Guys

 

Any news on this?

 

Thanks

 

Hi Gyesy,

 

The Hearing was booked from 25 July to 19 August. If they have a judgement against them they will obviously appeal against that too so there will be some time before this is finally over for them if the OFT's Case is upheld against LBL.

 

I just hope that the OFT's case is made firmer by all witnesses turning up and testifying!

 

There should be information forthcoming on OFT's website in due course and my insider at the OFT promises to keep me informed in due course too, so all should be revealed. Just don't expect a quick ending though to this saga as LBL will utilise all their legal muscle to continue trading whilst appealing. Log Book's options are slowly but surely being removed, even though they will explore all legal loop holes open to them to continue trading in the interim.

 

Lets keep our fingers crossed that the slippery duo of Shearer and Pilgrim will witness the demise of their cash cow, LogBook Loans sooner rather than later!

 

Hip_Hop

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Hi Guys,

 

Hip Hop is correct they have the right of appeal if this hearing fails.

 

Judgment for this hearing is not excpeted to be until the end of the year early next. If they Appeal that then who knows how long it will be.

 

Dont give up its brill that it is at this stage.

 

As for their legal team lol well with my case the legals have been fighting with nothing really. Its a joke that they are fighting my case because it is a difficult one to fight.

They dont have anything that proves the borrower owns the car only a V5.

 

From what I can see from my time in court giving evidence LBL are not having a very good time of things. Hicks was addressed several time about his casemanagement in other words his handling of me the witness. The judge ajourned the hearing twice to question Hicks wanting to know were his line of questioning was going etc.

 

They panel of Judges are very quick to intervien and dont seem to be allowing Hicks usal bully tact ticks

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