Log Book Loans - Can anyone help???

[meggyweggy]

Nellie,

 

An update on our case. We have been trying to hand the car back now since 16th Oct and still they wont come to take it but in the mean time have added on in the space of 6 weeks nearly 2.5K They even had the cheek to write to my employer and say i was being obstructive in handing over THEIR property.

[v_j_r]

Now let me get this right, please forgive me but in the stated thread you have already had the vehicle repossessed? and further it has already been at auction and sold complete with personal plate right?.:o

 

Then why are you attempting to hand the vehicle back to lbl ltd if the above has already happened?.:idea:

 

Further until you can prove without a doubt in a court and the judge makes it so that any agreement you have is not enforceable, they Lbl ltd are entitled to contact any person with regards to access to there property.

 

The above is contained in your agreement and was signed by yourself, not only lbl's terms but all CCA agreements will have a clause somewhere that they can request or invoke access at reasonable times.

[meggyweggy]

If you look at the other threads you will see that nellie has had her car taken with personal plate on it which has already been sold at auction not me

[nellie75]

Exactly, you must have mistaken who's who.

 

For obvious reasons I wont post any details regarding my agreements with LBL but I don't need to prove anything in court, its written in black and white, just need it heard in court and i can't wait!

[nellie75]

Nellie,

 

An update on our case. We have been trying to hand the car back now since 16th Oct and still they wont come to take it but in the mean time have added on in the space of 6 weeks nearly 2.5K They even had the cheek to write to my employer and say i was being obstructive in handing over THEIR property.

 

Omg how awfull, what is their excuse for not collecting the car? Regarding the charges, have you started action to claim them back? This is exactly the point I have been trying to get accross regarding this company, they make it impossible to pay and in your case you are offering them the car and they won't take it. They would not cash any of my cheques, its like they want you to default

 

Now regarding contacting your employer, I am sure I read somewhere that they are not allowed to even threaten to contact them?? I will try and find out but doesn't sound right to me.

 

will get back to you......

[JonCris]

To contact a debtors employer is not only disgraceful, criminal harassment but also strictly against the OFT guidelines. In addition & perhaps more importantly it is a breach of the Data Protection Act to disclose anything to another party & they should be reported asap

 

Contrary to what some here are claiming LBL do not have any right to enter onto private property without a court order which we all know they won't get for obvious reasons.

[nellie75]

Thanks for that clarification Joncris, I didn't think it sounded right, they threatned to contact my employer too although i worked for myself so didn't have much impact!! I thought they were wrong doing that but to actually do it is unbelievable.

 

Wanted to say also that I have had problems with Bank Charges EDIT

[hhhhmmmm....]

Have a look at this link for information relating to the above posts. Hope it proves useful CCCS -

 

The real problem that underlies the whole process of recovery and how it is handled, is interpretation. Different regulators and organisation can interpret the law very differently. Unfortunately it is subjective to the most part which is a drastically flawed approach considering the spiralling debt situation in the UK. But thats UK legislation for you.........

[TheCarMan]

Hi,

 

I am interested in finding someone who can provide legal advice on whether LBL are acting within the law.

 

I took out £1000 loan, of which I have repaid more than that, unfortunately I have been unable to pay for the last few weeks so I asked LBL if they could give me some leeway. The said no, pay all of the arrears now or we will have to take further action.

 

Without any further warning I woke up this morning to find my car clamped, I rang LBL to find out what was going on and they said if I did not pay £2000 right now my car would be towed away. Obviously I did not have the money so my car has now been taken.

 

I cannot believe they can just do that surely they should have to apply for a reposession order from the courts. Can anyone help to put me in touch with someone who can help as I am desperate to get my car back as I cannot work without it!!

 

They claim they are the legal owners of the car as I am supposed to have signed a bill of sale when I took out the loan. I really do not see how this can be true but need someone to back me up.

 

I really hope there is someone out there who can help me!!

 

Thanks in advance

[v_j_r]

Yet another who pops up when it's all too late? some advice how old is the vehicle? and it's current value?.:idea:

 

And yes you did sign a surety/Bill of sale on the vehicle in question it's at the back of your agreement/paperwork, but as usual they do not point this out to a customer untill such time as this!!.

[nellie75]

Hi,

 

I am interested in finding someone who can provide legal advice on whether LBL are acting within the law.

 

I took out £1000 loan, of which I have repaid more than that, unfortunately I have been unable to pay for the last few weeks so I asked LBL if they could give me some leeway. The said no, pay all of the arrears now or we will have to take further action.

 

Without any further warning I woke up this morning to find my car clamped, I rang LBL to find out what was going on and they said if I did not pay £2000 right now my car would be towed away. Obviously I did not have the money so my car has now been taken.

 

I cannot believe they can just do that surely they should have to apply for a reposession order from the courts. Can anyone help to put me in touch with someone who can help as I am desperate to get my car back as I cannot work without it!!

 

They claim they are the legal owners of the car as I am supposed to have signed a bill of sale when I took out the loan. I really do not see how this can be true but need someone to back me up.

 

I really hope there is someone out there who can help me!!

 

Thanks in advance

 

 

Hi CarMan

 

Sorry to hear what has happened. I will help all I can, don't worry. Just need few details.

 

1) Did you sign for loan at home?

 

2) Do you remember signing a bill of sale? Was this explained to you or mentioned prior to agreeing the loan

 

3) Do you have all documents you signed including the bill of sale?

 

4) Did you receive a default notice?

 

5) If you had paid back what you borrowed was it charges and/or interest you still owe them?

 

6) What area do you live?

 

7) Did balliff have any paperwork or claim to have a court order, did they leave any documents?

 

If you can get back to me a.s.a.p to see what can be done, feel free to PM me if you prefer

 

Look forward to hearing from you

[nellie75]

Yet another who pops up when it's all too late? some advice how old is the vehicle? and it's current value?.:idea:

 

And yes you did sign a surety/Bill of sale on the vehicle in question it's at the back of your agreement/paperwork, but as usual they do not point this out to a customer untill such time as this!!.

 

 

No they don't and also do not explain it, draw attention to it or even mention it, its misleading and basically a [problem].

 

There is alot that can be done but they need them to 'use' bill of sale to shoot themselves in the foot before you can nail them

[TheCarMan]

Hi Nellie,

 

Here are answers to your questions:

 

1) Did you sign for loan at home? Yes

 

2) Do you remember signing a bill of sale? Was this explained to you or mentioned prior to agreeing the loan. Was not aware I had signed a bill of sale, certainly not explained.

 

3) Do you have all documents you signed including the bill of sale? Yes

 

4) Did you receive a default notice? NO

 

5) If you had paid back what you borrowed was it charges and/or interest you still owe them? Yes I had nearly paid back the whole amount I had borrowed, what they are claiming is nearly all interest and charges

 

6) What area do you live? Near Blackpool

 

7) Did balliff have any paperwork or claim to have a court order, did they leave any documents? Was not a Bailiff just a hired clamping and vehicle removal firm. He had no paperwork and I did not get to sign anything.

 

Thanks very much for your help, I look forward to hearing back from you again soon!

 

TheCarMan

[TheCarMan]

In response to V J R. The car is a 1999 model and would be worth around £3000 if I sold it privately.

[v_j_r]

No they don't and also do not explain it, draw attention to it or even mention it, its misleading and basically a [problem].

 

There is alot that can be done but they need them to 'use' bill of sale to shoot themselves in the foot before you can nail them

 

@nellie75:

 

I did'nt have to use and/or say anything? they were doomed before anything was even signed, you just have to know what to look for!.

 

As far as the Surety/bill of sale is concerned take a look at all the adverts etc? all loans are secured on the vehicle from the outset that is how they operate and it is deemed that you are aware before you commit.

 

You yourself were aware as you have stated many times in threads here, ie: you took out the loans fully aware what the security was, sorry but you are going to need something a bit more robust than what you are relying on i'm afraid and besides when you have legal representation as you say is now in place or be it limited it does'nt pay to let the opposition know your means of attack!. Like here on this public forum?.

[v_j_r]

In response to V J R. The car is a 1999 model and would be worth around £3000 if I sold it privately.

 

@TheCarMan:

 

So let me see you owe £2000.00 the car at auction way less who are the losers? personally i'd be calling there bluff so to speak?.

 

Call them again and put foward your new proposal and state that is the best you can do under the circumstances of which they are not helping!.

After that if no solution tell them to proceed with the sale of the vehicle.

[JonCris]

No the law perfectly is simple.

 

To remove goods, even with the knowledge of the owner or without their consent, and for which you have no legal title is theft.

 

Also if your demanding payment for not commiting an illegal act that's "demanding money with menaces"

 

Bit like "if you give me your PIN no' I won't hit you"

[JonCris]

carman despite what is being claimed they have no legal title to your vehicle. Also it doesn't matter what their ads state, but if tell them to sell it they will/can claim they are acting with your consent.

 

Dont agree to anything & consult nellie75

[v_j_r]

carman despite what is being claimed they have no legal title to your vehicle. Also it doesn't matter what their ads state, but if tell them to sell it they will/can claim they are acting with your consent.

 

Dont agree to anything & consult nellie75

 

There defense would be that you/they understood what was involved beforehand, and that you/they were fully aware of the security on the vehicle lawful or not, and that "Posession" can be at any resonable time.:idea:

 

If they are not legally entitled to be "in possession" then how come they are at present? and the so called law or services that uphold it are not doing anything about it.

 

The answer lies in the wording "In Possession" is not theft thats why no one's jumped on them yet doesn't mean legal title does it?, but possession remember is 9/10th's of the law think about it!.:idea:

 

Sometimes it pays to be in possession (that word again) of the facts first before one puts there brain in gear, trust me i know how they work and they were beaten to it every time.

[nellie75]

@nellie75:

 

I did'nt have to use and/or say anything? they were doomed before anything was even signed, you just have to know what to look for!.

 

As far as the Surety/bill of sale is concerned take a look at all the adverts etc? all loans are secured on the vehicle from the outset that is how they operate and it is deemed that you are aware before you commit.

 

You yourself were aware as you have stated many times in threads here, ie: you took out the loans fully aware what the security was, sorry but you are going to need something a bit more robust than what you are relying on i'm afraid and besides when you have legal representation as you say is now in place or be it limited it does'nt pay to let the opposition know your means of attack!. Like here on this public forum?.

 

Oh I totally agree, my defence stretches over alot of issues, as I said before I am not going to post details of my case/defense on this forum, I learnt my lesson regarding that before and i know the idiots are watching this forum, most of what I now say is to wind them up, believe me I would never let them get the upper hand again

 

The legal help I now have is solid, took a while to get there but I have full confidence in them and they have vast knowledge in this area, the bill of sale is just proof of the [problem] and will simply show them up for what they are in court, it is not what i rely on trust me, even if it is a load of rubbish, funny thing is its THEM that RELY on it!!!! securing a loan on your car is one thing but getting somebody to unknowingly sign over ownership [problem] [problem] [problem] they THINK they can't lose

[nellie75]

Hi Nellie,

 

Here are answers to your questions:

 

1) Did you sign for loan at home? Yes

 

2) Do you remember signing a bill of sale? Was this explained to you or mentioned prior to agreeing the loan. Was not aware I had signed a bill of sale, certainly not explained.

 

3) Do you have all documents you signed including the bill of sale? Yes

 

4) Did you receive a default notice? NO

 

5) If you had paid back what you borrowed was it charges and/or interest you still owe them? Yes I had nearly paid back the whole amount I had borrowed, what they are claiming is nearly all interest and charges

 

6) What area do you live? Near Blackpool

 

7) Did balliff have any paperwork or claim to have a court order, did they leave any documents? Was not a Bailiff just a hired clamping and vehicle removal firm. He had no paperwork and I did not get to sign anything.

 

Thanks very much for your help, I look forward to hearing back from you again soon!

 

TheCarMan

 

 

 

Thanks for responce - you have a case, will get back to you A.S.A.P

[caro]

Thanks for responce - you have a case, will get back to you A.S.A.P

You seem very confident in your reply Nellie. Can you elaborate a bit so that the rest of us can be a little clearer on what your criteria are for saying this, then maybe others will be able to assess this for themselves.

 

I understand your desire for privacy and that LBL may well be looking in, but this is a public forum which works by everyone sharing information. What steps do you think people should take?

[JonCris]

Caro

If nellie now has legal representation then not only would she be foolish to discuss the moves here she may also risk any future legal action.

[nellie75]

You seem very confident in your reply Nellie. Can you elaborate a bit so that the rest of us can be a little clearer on what your criteria are for saying this, then maybe others will be able to assess this for themselves.

 

I understand your desire for privacy and that LBL may well be looking in, but this is a public forum which works by everyone sharing information. What steps do you think people should take?

 

Hi Caro

 

Sorry for being so vague, I agree that people should be aware of their rights and to be honest I don't have a problem stating the facts as they stand and my own case is being dealt with so my main aim is to raise awareness.

 

Each case is different and can be defended on many issues regarding each personal experience. What is becoming clear is that this type of loan is basically a [problem] which is cleverly packaged. The main area, or centre to this is the good old Bill of Sale agreement. This is a simple document that can be easily downloaded from any legal website and is normally used when buying and selling goods. When LBL sell a loan, it would appear that this document is signed but no explianation or attention is given to this very important document which transfers ownership of your car from you to them the minute you take out the loan. Most people don't remember signing such a thing and certainly where not aware of it or its implications. This document gives lbl the excuse to then treat anyone how they like following taking out the loan. All they need after that is an excuse to take back what they THINK is theirs. They clearly have no concern for anyone in difficulty and the customer service disappears. Thats where they 'cleverly package' the [problem] as they appear to be repossessing for defaults, even though most are forced by charges etc and aforesaid 'no tolerance' with late payments etc. So anybody looking in would think "well you didn't pay them back its only right they take your car" The sad fact is most people will struggle to keep up with their extortionate interest rates, charges etc and most result in repossession - bingo, another car for them - and they know that. Dispite all this the agreements are unenforcable for many reasons which is where the legal help is needed. But a clear breach of misreperentation act is aparent with nearly every case I have heard.

 

Any one who has signed one of their agreements should seek legal help A.S.A.P although this is the main problem, finding the right legal help, its complicated and my problems have been posted on this forum, thats why I remain here to help others all I can, and will continue to do so untill this company are brought to justice or at the very least to raise awareness to others considering this type of loan.

[nellie75]

Caro

If nellie now has legal representation then not only would she be foolish to discuss the moves here she may also risk any future legal action.

 

I agree, all I can do is raise awareness to the [problem], I am not legally minded so reasons why agreements may be unenforcable etc I will put my faith in others with more knowledge, specific details as you say i can't share as it could damge my case