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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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wording on a loan agreement....how important is it???


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right evening all.....i am having a problem with logbook loans well its an ex franchisee of theirs and if anyone has been following the matter on here we are nearly there and will be in court by end of this month with them.

basically we are challenging on a few fronts...the bill of sale is not registered in the company i took the loan from.....he had a franchise with logbook loans ltd (the original company) when i got the loan but few days later he was thrown out......i still paid him for abit but then started to investigate......it seems the bill of sale was put in LOGBOOK LOANS LTD with whom he can the franchise with and not him......silly sausage......i have proof from high courts and this means he has nothing to back up the loan agreement as he has no control over the car.....to back this up I have written confirmation from logbook loans ltd to confirm i have no loan with them and they in turn has no interest in me or my car.

 

the guy i have the loan with has sent 3 sets of bailiffs/debt collectors to my house only to find car not here.....this was illegal as he did not serve default notice and he did not have court order to do so.....

 

finally.....it is the loan agreement i have from him when i got the loan...

basically he came to my workplace with the paperwork all prepared and all i had to do was sign the 2 pages.....i did not even date it and neither was it witnessed.

I did not get any paperwork from him but he said I would get all the copies in the post.....to his word a few days later i got the paperwork and i filed it away......

since all these problems i have seen that you can clearly see that i did not date the paperwork under my signature and that he witnessed the transaction himself but not in my presence.....this can clearly be seen its completely different pen as used for me signing the paperwork. The dating of the agreement and his signature match.

BUT the most significant matter is that on the top of the paperwork included in the wording it states this guys company name t/a LOGBOOK LOANS which is ecaxtly as it appears on his consumer credit licence....all good up to here BUT at the bottom of the paperwork in the legal wording it clearly states his company name t/a LOGBOOK LOANS LTD which is the company he had the franchise with AND the company that has the BILL OF SALE against my car and has since said they have no interest in me.

 

my question...surely he cant claim to be a company he is not....he is not logbook loans ltd.....he cannot use a name on a legal agreement that is not on his consumer credit licence..... and finally apart from the fact to claim you are a company you are not is illegal he has said he is his company name t/a LOGBOOK LOANS LTD and as they have writtien to say they have no interest in me then surely the agremeent is null and void.

 

CAB have advised that the paperwork is not valid and will be thrown out of court.....and more so that because it is invalid I can then claim back the moneies paid to him which to date are just over £2500.

 

I look forward to any views and comments....have great weekend all.

 

Bullyuk

Edited by bullyuk
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ok....the company i took the loan with was officially called HEWGOLD LTD T/A LOG BOOK LOANS...that was the actual wording on his consumer credit licence......but on the loan agreement it states HEWGOLD LTD T/A LOG BOOK LOANS LIMITED which is the company he has the franchise with.

I have been legally informed this mistake alone makes the loan agreement invalid let alone the bill of sale in wrong company name and the owner of HEWGOLD LTD T/A LOG BOOK LOANS witnessing the loan himself and not even in front of me.

Hope that helps.

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thinking about it it does not matter putting companies details on here now as we are in court within the next 14 days......i have bill of sale and all paperwork....car is tucked away so nothing can happen or change now.....all ready to see what the courts say now.

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hi...the loan agreement was signed by the owner of hewgold ltd t/a log book loans.....it was not signed on front of me...all i signed was the paperwork and you can clearly see that his signature and the dating of the paperwork was done in his handwriting after as not same pen.

the bill of sale WAS done within the 7 days BUT it is in the name of logbook loans ltd with whom this guy had a franchise.....he had the franchise taken from him within a couple of days of me getting the loan but the bill of sale is still in their name and not his.

I also have written confirmation from logbook loans limited that they have no interest in me or my car even though the bill of sale is in their name.

 

dont know what this guy thinks he can do in court......once or if i can get this loan agremeent dismissed can i then apply to the cort to get the 2500 i have already paid him returned do you know...???

 

ps no solicitors sig.....just the owner of hewgold ltd t/a log book loans

 

cheers

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Well The Bos Is Invalid

THE DOCUMENT HAS TO BE WITNESSED BY AN INDAPENDANT PERSON THEN

 

A Solicitor Has To Counter Sign The Document Before Its Registered In The High Court

 

Ill Pm A Cagger Who Deals With Log Book Loans To Advise

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it all looks very shoddy from their side.....even without the signature the bill of sale must be in the guy who is chasing me for the loan but its not. it is name of a company that he had a franchise with but then lost it.....

without legal bill of sale there is nothing to tie my car to the loan.

the loan agreement i am told is invalid as he does not have hos correct trading name as it does not match the consumer credit licence he has...this must match....

as far as i can see he cant persue the loan without legal paperwork and with no bill of sale either then it should not be too difficult to get the case thrown out.

i have been informed i can then ask for judgement to have all monies i paid to him returned.

lets hope so...

cheers

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it all looks very shoddy from their side.....even without the signature the bill of sale must be in the guy who is chasing me for the loan but its not. it is name of a company that he had a franchise with but then lost it.....

without legal bill of sale there is nothing to tie my car to the loan.

the loan agreement i am told is invalid as he does not have hos correct trading name as it does not match the consumer credit licence he has...this must match....

as far as i can see he cant persue the loan without legal paperwork and with no bill of sale either then it should not be too difficult to get the case thrown out.

i have been informed i can then ask for judgement to have all monies i paid to him returned.

lets hope so...

cheers

 

Hi Bully

 

i've been following you posts, it looks like the BoS is invalid, however, Depending on the Judge, you need to get your case ready. Is he taking you to court or you taking him? You really want to look at every angle to see if he/or his sol can punch holes in it.

 

Looks like you are on the ball. Have you made any statements yet?

 

trooper68

Trooper68:)

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morning trooper68...he is taking me....after taking advice from here we waited and waited for him to make first move....we have date between 26 october and 15 november for court hearing.....

no statements as of yet....have filled in paperwork for court but simply stating the facts as i have laid out on here...

as far as i am aware from cab and here there are 3 fundamental flaws..

*the loan agreements was witnessed by him himself

*the bill of sale is in wrong companies name

*his name on the loan agreement clearly shows him trading under a name other than on his consumer credit licence.

 

Now on his side i can see him going to court and saying that the loan agreement wording where it should say his company name as HEWGOLD LTD T/A LOGBOOK LOANS which is exactly what his credit licencne shows in fact says HEWGOLD LTD T/A LOGBOOK LOANS LTD.I can see him saying it is a simple wording error. Logbook Loans lts is the company he had the franchise with and not his company.

After looking into this through numerous sources I am told the loan agreement is a legal document and must be correctly worded.

 

if the case is dismissed can i reclaim the 2500 i have already paid him???

cheers

 

Bullyuk

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morning trooper68...he is taking me....after taking advice from here we waited and waited for him to make first move....we have date between 26 october and 15 november for court hearing.....

no statements as of yet....have filled in paperwork for court but simply stating the facts as i have laid out on here...

as far as i am aware from cab and here there are 3 fundamental flaws..

*the loan agreements was witnessed by him himself

*the bill of sale is in wrong companies name

*his name on the loan agreement clearly shows him trading under a name other than on his consumer credit licence.

 

Now on his side i can see him going to court and saying that the loan agreement wording where it should say his company name as HEWGOLD LTD T/A LOGBOOK LOANS which is exactly what his credit licencne shows in fact says HEWGOLD LTD T/A LOGBOOK LOANS LTD.I can see him saying it is a simple wording error. Logbook Loans lts is the company he had the franchise with and not his company.

After looking into this through numerous sources I am told the loan agreement is a legal document and must be correctly worded.

 

if the case is dismissed can i reclaim the 2500 i have already paid him???

cheers

 

Bullyuk

 

 

Ok. have stated you intend to defend to the court? You have a little bit of work to do, you need to get your statment ready. Can I suggest you have a read of the Legal posts, loads of info on statments.

claiming back monies paid, i'm not sure, I have heard that some people have.

 

trooper68

Trooper68:)

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