Logbook loans have lost their final appeal they are officiallly gone

[caro]

I guess the hearing is over. Has there been any indication of when a judgment can be expected?

[Nicky Bodmin]

Hi Caro

 

Well the OFT think that it will be any were from November on more than likely January.

They still have the right to Appeal this Judgment as well if they wish. So its going to be a possible long wait for final judgment day closed doors to their business

[caro]

Thanks Nicky. These things do tend to take a long time. It's annoying that LBL are allowed to keep trading while this is ongoing, but I guess it's a case of innocent until proven guilty.

[Nicky Bodmin]

Hi Caro,

 

Yes it is.

 

I think this will carry on untill they have appealed against this. The OFT say they have the right of appeal again only if they have firmn grounds, just the same as any other case.

 

I have been able to get a copy of my hearing in transcript.

It will give very interesting reading because I turned on them and had my say about their actions. The Judges just sat and allowed this. I mean I let them have both barrels without making a fool of myself and my case. Hicks tried to but in but I stopped cold paused looked at him and firmly said " Do you mind I havnt finished yet" lol he just shut up and sat back in his chair. The room went silent. Sorry but I did enjoy that.

 

After I had been released by courts on my way out of the room the OFT said well done.

 

I just hope their other witnesses were as fired up and challenging as I was.

 

But then again the magority of them have had finance with them. I never did. It had been my car for 5 yrs. The loan had been put on with out my knowledge.

 

What we all have to keep in our minds is that this company is in its final stage before the staff will be standing in job centre looking for work. Lets face it everyone of them that has sat smug on the other end of the phone giving us hell and distroying our lives will soon be facing judgment day them selfs.

 

So any one that works for the jobcentre in their area that has taken loans and lost their cars.

 

GAME ON lol

[caro]

I guess that's what's known as having your day in court. Well done Nicky.

[Hip_Hop]

The current position is that following an application by OFT, the Log Book Loans Ltd and Nine Regions Ltd appeals were struck out by the First Tier Tribunal on the basis that they had no reasonable prospect of success.

 

The Tribunal’s detailed reasons for its decision will be published in due course and Log Book Loans Ltd and Nine Regions Ltd will have right of appeal against this decision on points of law.

 

So that is the state of play at present, as relayed by my contact at the OFT.

The fact that LBL/Nine Region's appeals were struck out on the basis given above, makes good reading for us all. Especially those of us that have been directly impacted by our dealings with this wretched company.

Finally, those of us like Nicky , myself and many others who have given testimony as witnesses for the OFT, can gain comfort, knowing that we have done our bit to assist the OFT in getting closer to attaining the revoking of their credit licenses.

[Nicky Bodmin]

Hi Hip Hop

 

I spoke to Juleta yesturday and there has been nothing happening with the case the Judges are still going through it still.

 

Im in court on the 27 Sept I still have not had my case completed. Let alone had any chance of compensation for my loss.

 

Can you tell me have they been told to stop trading yet

[Hip_Hop]

Their appeals were struck out Nicky.

 

As I detailed above the Tribunal's detailed reasons for its decision will be published in due course. LBL/NR Ltd can appeal against this decision on points of law only. So plenty has been happening!

 

Why would they have been told to stop trading yet? And who would be telling them to do so? Whilst they have their CL's in place, they are legally entitled to trade.

 

They can explore all the options that are legally available to them and appeal against the OFT's decision to have their CL's revoked in the interim, until they are refused permission to do so.

 

As far as your case against them is concerned. It will stand on its own merits, regardless of where LBL's appeal is, unless of course, their licenses are finally revoked before your hearing, than that would be a different matter.

Edited August 26, 2011 by Hip_Hop

[Nicky Bodmin]

Oh thank god thats what I thought u meant. Its going to be quite some time before they are forced to stop trading.

[Hip_Hop]

Don't lose any sleep Nicky.

 

If and when they they lose their CL has no bearing on their financial standing to compensate you if you make that case against them.

 

Remember, in any event, LBL is is a multi million pound business. Your claim, I presume is in the thousands? It would not be determined by them having a CL in place in order to settle. LOL.

[caro]

I imagine a copy of your testimony would be a useful addition to your court bundle making sure the judge is fully aware of the OFT case.

[Nicky Bodmin]

It is worrying because I cant afford to cover my loss and buy a car like the one they took.

 

How did you find Hicks in court.

 

Its the second time I have been in court against him.

 

You would think with all the cash LBL have that they would employ the best legal team money can buy. I think he is rubbish

 

My case has already been part heard in March but because Im doing the case myself they cross ex me for 3 half hrs and I had the hearing ajourned because I had the docters to me at home in the middle of night for an injection for migran. I shouldnt have tried to go to the hearing but I did and come the end when I said no more I couldnt even rewad my paper work. I turned to the judge and said it stops now. She ignored me untill I stood my ground.

 

It was re listed for the end of June. " wks before the hering I had a letter from court saying the Judge had died. They then re listed it for September.

 

It has been hell. Courts lost the bundle four times I have lost in court time about a year now. Thats why Im very concerned

[Nicky Bodmin]

Hi Caro,

 

My god yes the courts will be given a copy of the transcrip. I feel that it makes their fight in court a little more difficult.

Hopefully the judge will see I have a stronge case because the OFT used it to form part of their case.

 

It will be very interesting what the courts will do. I think it will be very difficult for the judge to rule against me after that

 

What is your view on this

 

I know the courts are a rule to there own but it would bring up some very interesting questions I think

[Hip_Hop]

However good a litigator Hicks is. He can only work with what his client has lumbered him with.

 

I had over 4 hours of stand time with him and that obviously included time spent with the OFT's counsel too.

If you make your case and get compensation to boot than he is indeed rubbish.

 

If you don't and he makes his case against you stick or mitigates the value that he has to get his client to compensate you, then he is good by definition.

 

Such are what reputations are based on.

 

On the whole I thought he was very competent. My advice is simple. Don't under any circumstances drop your guard against him. Nor let him get you rattled emotionally. That is what he is looking to achieve. Remember, a discredited witness is one whose testimony is weakened as a consequence.

 

Remember you have to make your case for the judge to rule in your favour. You make the case, not the judge.... As to your testimony at the appeal hearing. The judge will consider your testimony but will be looking to you to make your case and I would have thought that your witness statement for the OFT had a different slant to the case that you are presenting against them in September, no?

Edited August 26, 2011 by Hip_Hop

[caro]

I find it very difficult to ever predict how things will go in court. I have seen so many cases on CAG that to me seem clear cut. I guess we only really hear one side of the story and most of us have such limited knowledge of the law, and judges have to rule on their interpretation. The supreme court overturning the earlier judgments in the bank charges cases proved you can never tell. I saw a programme about the workings of the supreme court and the judges seemed genuinely to want to rule against the banks, but they had to rule based on their interpretation of a specific point of law and as such felt they had no choice but to find in favour of the banks.

 

All you can do is your best Nicky. I believe that preparation is the key, and I think this link is helpful for anyone going to court. http://www.consumeractiongroup.co.uk/forum/showthread.php?163425-Re-Me-vs-MBNA-court-case-looming-help-please-**DISCONTINUED**&p=2171582&viewfull=1#post2171582

 

One thing that you might like to consider is applying for your case to be stayed pending the outcome of the case against the OFT. I don't know if that would be appropriate or not as I don't know enough about either case.

[Nicky Bodmin]

Hi

 

No I dont want to waste any more time. I just want to get in court becau8se if it goes against me then I have time for appeal.

 

You would think it would be easy to prove it was my car and that its the borrower is the guilty one for stealing my V5 and putting the loan on some thing that was not his.

 

One good thing that Bob Immres did point out to me. At the time I couldnt see how it works. But....

 

Because LBL did sfow due diliagence when prepairing the loan and approving it, they have left them self in a situation that on the sale of my car to pay the borrower loan. The money gained from this sale becomes a proceed of crime. There fore LBL can be charged with money laundering, as well as theft of my car

The reason for the money laundering is because they cant pay tax on ilegal money or proceeds of a crime.

 

serious stuff.

[Hip_Hop]

Nicky, I know it's so easy to do but I always advise that one should refrain from articulating their defense in public on this forum.

Reserve it for your proper hearing, no matter how cathartic you might feel it is for you. They read these forums and all you do is give them ammunition that they could possibly use against you!

 

Anyway,I'm off to bed and do you wish you well in your ongoing pursuit for justice and compensation!

Edited August 27, 2011 by Hip_Hop
clarity

[gyesy]

Any news yet?

 

 

Sarah

[Banana32]

Morning Everyone,

 

I am new to this site and have just registered. I live in Scotland.

 

I too had a loan from LBL t/a Nine regions for £400, but they said my loan wont be paid off till Jan 2013. I make payments at £100 per month. I received a call from their area manager stating that I had to pay the loan back asap because they done extra checks and found that I was bankrupt previously. I am a little unsure what to do as I havent missed any payments and have already apid the £400. (they say they do not do credit checks...). sorry if I sound like I am rambling on.

 

I also found a link in the daily mirror " rip-off loanss firm exposed by the sunday mirror looses credit licence", its dated 9th Oct this and didnt know if anyone had seen it??

 

I hope someone can give me some advice.

 

Thank u

[citizenB]

Banana, you need to start your own thread in the Scottish forums.. follow the link below and click on the new thread button.

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?71-Scotland

[sequenci]

Morning Everyone,

 

I am new to this site and have just registered. I live in Scotland.

 

I too had a loan from LBL t/a Nine regions for £400, but they said my loan wont be paid off till Jan 2013. I make payments at £100 per month. I received a call from their area manager stating that I had to pay the loan back asap because they done extra checks and found that I was bankrupt previously. I am a little unsure what to do as I havent missed any payments and have already apid the £400. (they say they do not do credit checks...). sorry if I sound like I am rambling on.

 

I also found a link in the daily mirror " rip-off loanss firm exposed by the sunday mirror looses credit licence", its dated 9th Oct this and didnt know if anyone had seen it??

 

I hope someone can give me some advice.

 

Thank u

 

Were you living in Scotland when you took out the logbook loan? They do not exist under Scottish Law. Simple as that. The loan element may still be owing, it's just that they cannot secure it via a bill of sale. Doublecheck to ensure it's not a more traditional HP agreement, though.

[Guest]

logbook appeal struck out! (so far!)

http://oft.gov.uk/news-and-updates/press/2011/125-11

[citizenB]

Nice one, Ford. I will copy this into a separate thread as well

[Nicky Bodmin]

HI GUYS WE HAVE DONE IT PLEASE READ THE LINK

 

http://www.oft.gov.uk/news-and-updates/press/2011/125-11

[Louisa B]

They have only lost their licience, they have 6 months to continue old business, unless they appeal this within 28 days, if this doesnt succeed they will probably fold and sell their debts over to a company with a licience and carry on from there.