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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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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does anybody no where i stand car was taken about 4 weeks ago at approx 7am obviously cud not speak to anyone,but after just looking on their website i saw that 1 of the main criteria to qualify was fully comp insurance which when i took the loan and still are only 3rd party fire and theft,can i do anything about this,any help fully appreciated.

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  • 2 weeks later...

help please.

 

 

i recieved a default notice on jan 26 th.. but i had paid it before that date ..hence i wass not in arrears.. then i recieve todaya full termination notice demanding full payment,i called 3 times today spoke to sonya who wasnt helpful passing me on to the recovery team,i told them i had paid and i had proof which i do..they refuse to listen,im worried sick now can somebody help..this isnt fair as had paid before the notice was sent ..what is their god dam problem

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Call Paul Foster at collections and explain to him the situation. Failing that, ask to speak to Barry Pilgrim. If someone turns up to collect your car, show them the proof that you have paid prior to the default notice being issued.

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we did ssk for paul foster several times...on thursday we were told he would call us - again no phone call from them..its disgusting as we had paid..we recieve a letter telling us to pay by a set date so we did..we paid cash into the natwest bank..the paying in book in the proof of the pudding.

they wont listen..just demanding full payment ..they have already sent some guys round,but the car isnt here..not that daft..

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we did ssk for paul foster several times...on thursday we were told he would call us - again no phone call from them..its disgusting as we had paid..we recieve a letter telling us to pay by a set date so we did..we paid cash into the natwest bank..the paying in book in the proof of the pudding.

they wont listen..just demanding full payment ..they have already sent some guys round,but the car isnt here..not that daft..

 

 

Hi Sue , I know what you are going through it's not easy trying to phone Paul Foster I remember I had to phone over and over again but he just would not talk to me they always said he was at a meeting . The only way I got a hold of him was by phoning them every half hour they got so fed up with me phoning them they did let me talk to him .

 

Mind you it never done me any good when I talked to him he just said over and over again pay of the full balance and we won't sell the car it's there way or no way . I do rember one time I sent him an e mail saying that I was going to the press and to BBC Watchdog he sent me a letter accusing me of blackmail he said he had handed the e mail over to there legal dept and they might get in touch with the police .

 

I never got my car back even though I had payed them more than double the amount I borrowed they still sold it so they did win the battle I know for a fact they won't win the war just wait and see !!! . Alex

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I used to pay cash into the Natwest Bank and quite often they could not find my payment for weeks I

 

I made all my payments direct to Gemini by internet banking so I asked Gemini for a statement I noticed that 2 payments I had made last August were not on the statment so I phoned my bank and was told that Gemini had recived the payments.This is what they do though , They say they never recived those 2 payments that put me in arrears so they used that as an exscuse to take the car because they knew the loan was getting near the end and thats how they make there money . Alex

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hi everyone im new just joined over a week ago iv been making my way through the treads and are glad iv come across other people ripped off by log book loans. Me and my hubby took loan out with lbl in oct 2005 for £2200,we were really desperate at time we had just been gazumped with our house, tried to get a normal loan was turned down looked up our credit file to find out the people at our old address had been applying for credit in our names so we had loads of searches on our file which knackered our rating. I found lbl on the internet they didnot sound so bad at time and they were regulated plus we only needed loan short term as we were expecting some inheretence money in jan 2006 so could pay them off so took loan out on 11th oct 2005 for £2200 paid weekly instalments into natwest bank every week for£76.52 then the BIG SHOCK came on 10th feb 2006 when i rang for settlement figure bearing in mind i had already paid £1057.60 i was told to settle the account it would be £2297.73 i paid it because i wanted rid of these horrible people so in total it cost me £3355.33 for a £2200 loan that had only run 11 weeks thats £1135.33 interest dived that by 11 weeks =£103.21 per week. Are they really regulated by law to charge this much.

I have kept everything from lbl paying in books letters and the contract. I got the contract out last and looked at it, it states that lbl are regulated by the consumer credit act 1974,the timeshare act 1992 or the financial services (distance marketing) regulations 2004 does anyone have any insight into these acts and what they say,id really appreciate any info our feed back on them thank you.

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Hi Lesley,

 

1st of all, welcome to the forum! Sorry to hear about you experience.

 

 

In the early stages of the loan period, you will have paid more towards interest than in reducing the actual loan amount. As Logbook Loans charged 6% per month at the time that you signed the loan, you can imagine that your weekly payment was not reducing your balance very much.

 

11th October 2005 to 10th February 2006 is 17 weeks and 3 days

 

Each loan attracts a commitment fee of £195 which is included in the weekly repayments.

 

So, your interest charged over the period was £1135.33 - £195 commitment fee = £940.33 which will also include an early settlement fee of one month's interest at 6% of the balance outstanding at the date of settlement.

 

The weekly interest charged was therefore £55.31 including the early settlement charge.

 

My calculations (which may be flawed, I'm not a mathematician or a finance expert) put your settlement figure for Feb 06 at £1667.44

 

There are other factors which could account for the difference.

 

Did you at any point incur additional charges? Late Payment or the like?

 

Did you start paying back the loan immediately, or were you offered an initial deferment period?

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we did ssk for paul foster several times...on thursday we were told he would call us - again no phone call from them..its disgusting as we had paid..we recieve a letter telling us to pay by a set date so we did..we paid cash into the natwest bank..the paying in book in the proof of the pudding.

they wont listen..just demanding full payment ..they have already sent some guys round,but the car isnt here..not that daft..

 

Hi Sue,

 

The first thing you need to do is to photocopy the paying in book stub showing that you paid the amount within the time. Send it SPECIAL DELIVERY to Logbook Loans with a letter to Paul Foster stating that you have paid the amount within the timescale demanded and insisting that they call off their recovery agents immediately or you will consider it harassment. If they are still sending guys round after that, call the police and insist that they attend as you believe you are a victim of harassment.

 

Keep copies of everything.

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Hi LBL

Thankyou for replying to my post here are some answers to your questions.

1) the first payment on the loan was week after i took the loan out there was no defered period

2)there was no extra charges except for 2 letters i recieved at £20 but i paid that fee the following week with my weekly payment.

3)the loan was taken out over a 52 week payment at £76.52 a week

4)on my contract the section about amount payable on early settlement just says £nan

hope this helps im abit thick when it comes to working out apr im really glad of your help thankyou.

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Hi LBL

Thankyou for replying to my post here are some answers to your questions.

 

4)on my contract the section about amount payable on early settlement just says £nan

hope this helps im abit thick when it comes to working out apr im really glad of your help thankyou.

 

This is very important - Does the "APR" and total amount repayable also say £nan?

 

Please look at this asap!!

 

lbl

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hi lbl

key financial statements reads as follows

the term of the loan 2(52)weeks

principal amount of loan £2,200

total amount payable £3,979.04

equivalent to an annual percentage rate of nan%''apr'' but something has been scribbled in pen i think it says 266.48

 

amount payable on early settlement

amount payable after a quater of term £nan

amount payable after half of term £nan

amount payable after three quaters of term £nan

 

hope this helps thankyou.

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You need to see a solicitor as soon as possible Lesley. If the APR is not printed on the agreement and has clearly been added in pen, the chances are that the whole agreement is null and void and you should be refunded every penny you have paid them.

 

This also means that the copy that they have will have been altered.

 

Improperly executed agreement = no agreement.

 

See a solicitor NOW!!!!

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  • 4 months later...

any news on this?

BIRMINGHAM MIDSHIRES

1/09/06 SETTLED IN FULL

HALIFAX

7/09/06 SETTLED IN FULL

CAPITAL ONE

5/10/06 SETTLED IN FULL

NatWest

7/09/06 SETTLED IN FULL

ULSTER BANK

8/8/06 S.A.R - (Subject Access Request) sent

28/09/06 Prelim sent

18/09/07 Claim filed at court

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  • 5 months later...

i trying to plaster this message to as many people as possible. its a wee bit technical. if the thugs sorry baliffs come to the door they should have a visible blue badge with the SIA logo on it + photo. SIA stands for Security industry Authority this a legal requirement that they must have. if they dont ask them if have a licence dispensation number (this is what they get when they are waiting on their badge to arrive) if the dont have ldn then contact the local police *******THEY ARE WORKING ILLEGAL************ sometimes the police are slow to get involved as they think it is a private matter. Quote - the security industry act 2001. also contact the SIA they have the legal powers to prosecute and fine the individual and company.

the SIA has been in England and Wales for approx. 2 years and only in scotland a couple of months. i had the baliffs out at 0500 to clamp the car back out at 0800 to lift and when i mentioned the SIA they gave me till 1700 to get a reduced figure from £900 to £500

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  • 1 month later...

Hi Everyone

I have a way to get back at Log Book Loans (“LBL”) and Mobile Money (“MM”). I assure you, this will work - I am a lawyer.

I have read the various threads with some horror at the tactics used by LBL and MM and this is my reason for posting.

Unfortunately, first some bad new – the loans they issue, and the way they secure their interest over a vehicle, via a Bill of Sale (“BOS”), is completely legal, if they follow the correct procedure. I have reviewed a LBL case and they seem to be doing everything correctly; I have not looked a MM, but I would presume they are also following the correct procedure. Furthermore, despite some posts that suggest the contrary, they can take possession of goods which are secured by way of a BOS without a court order.

Sorry, it gets worse before it gets better – if you are unfortunate enough to purchase a vehicle which has a chattel mortgage (what the BOS effectively creates) attached to it then, even though you are an innocent party, the vehicle can still legally be taken off you without a court order.

I am surprised that I have seen another lawyer in a press article suggest that this is illegal – he referrers to innocent parties purchasing vehicles with outstanding hire purchase (“HP”) agreements and, what he refers to as “other loans” (although he does not elaborate on what other loans are), and states that the an innocent purchaser obtain the goods with good legal tile. He is completely correct in relation to HP agreements as s27 Hire Purchase Act 1964, as substituted by the Consumer Credit Act 1974, provides that an innocent purchaser without notice (ie in non legal speak - a private individual who buys something not knowing that the item was subject to a HP agreement) takes the goods purchased with good legal title. However, there is no such provision for security taken by way of a BOS. In fact, the common law position was amended by s27 and a good analogy to explain why the law works this way is to consider stolen property. If your car was stolen and sold to an innocent party do you think that if the police managed to locate the vehicle you should not be able to re-claim the car – obviously I would think most of you would think that if something is stolen from you then you can take it back once located – and this is exactly the legal position. The general rule in law is that someone can only give good legal title if they themselves posses it, and, unless there is some legislative exception, this rules applies to the sale and purchase of all chattels (in simple terms, chattels is legal speak for property which is not land and buildings – sorry if I sound patronising but I know there are some reader who are not as legally conversant as other and I just want them to understand what I am saying).

I have read a number of other posts that incorrectly state the law and give false hope but I don’t have the time to deal with each issue raised.

Unfortunately, in my opinion it will be very difficult to legally challenge LGL or MM based on the BOS.

However, now for the good news. To operate within the law lenders require a consumer credit licence. This is issued by the Office of Fair Trading (“OFT”) and recent legislative changes have given the OFT significantly more discretion and powers in who to issue consumer credit licences to and, where appropriate, to revoke such licences.

My proposal is that we work together to get the consumer credit licences of LBL and MM removed and this is how to do it:

The law in relation to credit advertising was changed recently by the Consumer Credit (Advertising) Regulation 2004 (the “Regulations”). I will not bore you with the details but the OFT have issued guidance to lenders on the interpretation of these regulations. Basically a lender must publish a typical APR where, amongst other things, they offer credit to people with a poor credit history or where they offer an incentive.

The OFT have stated that terms such as “No Credit Checks” or “Super Fast Loans”, or similar, will trigger the requirements to publish a typical APR. See para 8.16 of the following guidance: http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft746.pdf

I have seen advertisement placed by both MM and LBL that contravene the Regulations by not stating a typical APR. I saw one today – they are not difficult to find.

This is what I propose that everyone does – look out for MM and LBL adverts. If they say anything like “fast loans”, “no credit checks”, “CCJ’s - no problem”, “Cash Loans within 30 minutes” etc then they must quote a typical APR. If they don’t then they have broken the law.

Report every breach of these regulations to your local trading standards (a letter or e-mail is best, but phone if you don’t have time). If enough complaints are received then the OFT will have to consider revoking their consumer credit licences. What’s even better, the directors of LBL and MM will face criminal prosecutions and convictions as breaching the Regulations is actually a criminal offence.

If enough people take action, as I have suggested, then LBL and MM will lose their consumer credit licences and this will stop them trading – in short, there is more than one way to skin a cat!

I hope this has been helpful and I wish you all luck.

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  • 5 years later...

Hi. Unfortunately LBL or Agent Fieldforce are still at it. 3 years ago I had a loan for £600 with LBL and payments were made then out of the blue i got a repo letter, i rang up and they denied receiving some payments. I sent them proof of bank statements and continued existing monthly payments and heard nothing else about it. I got the V5 back but not the car key (assumed it was lost) and took it as per my records all fully paid. Then in November 2012 i received another letter about repo with the collection agents details, i rang him & explained above, he said not first time happened leave it with him & will get back in touch if any problem. Never heard anything and in February 2014 moved house. Then August bank holiday saturday came home @ 2pm, went to go out @ 6.30 with my 6 year old & no car. I reported it stolen, obviously we were all upset but my darter had nightmares "what if the robbers come back & steal me" she still isn't settling properly & wont go anywhere on her own. We learned via police on The Tuesday morning (3days later) the car had been repos. And it was a civil matter so they closing file.

I rang the no. For agent Fieldforce to be told not made full payment had to pay £825.55 to get car back and still owe £825.55. The agent was supposed to knock at our door & left note. I have asked twice now for his name & SIA no. Surprisingly they are still looking into and unable to supply.

They have supplied copy BOS and contract and have this week sent a statement which shows 3 charges for repossession?

Have contacted OFT but they just referred me to FSA.

Can anyone help? I am gonna try pursue for distress to my daughter, excessive charges as will have repaid £2200 on a 12month £600 loan, and query triplicate repo charge ( surely if not repos shouldnt have been charged?) unfortunately our local citizens advice bureau closed and the nearest one is over half hour away and only open while I'm at work.

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