Log Book Loans - Can anyone help???

[caro]

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'm not asking for Nellies specific case JonCris. Obviously if she chooses to take professional advice, then that is her choice, but on the whole CAG users are taking direct action with the help and support of the information and help freely available on this site. We don't pretend to be able to answer all questions, but our knowledge base is increasing all the time. Nellie was asking some very specific questions, and I merely thought that she might elaborate on how to assess if someone has a claim, and if so what steps they might take to set the ball rolling.

 

Nellie, I applaud your desire to raise awareness. You have explained about the Misrepresentation Act which helps clarify the issue in my mind at least. Maybe if others can add more, CAG can empower other people looking for help on this issue as they have on bank charges. I imagine that if LBL are running a [problem] other so called companies will be too, so let's see what we can do collectively to resolve the issue. If we can take on massive institutions like the banks, then I would think we stand a chance with LBL. I'm sorry that at the moment we haven't been able to help you sufficiently for you to feel confident to do a claim yourself, but we always suggest professional advice be sought if needed, and you have obviously done that.

 

I wonder if you have been in touch with Trading Standards on this and if they can provide any help. I guess for you it's immaterial now as your case is being dealt with.

 

Whilst I realise that your intentions are good, any form of unauthorised advertising on this site is not allowed and you are asking people to PM you for details of your solicitor on this and another thread. Whilst your solicitor appears not to be advertising directly, you appear to be doing the job for him, and I would appreciate it if you would refrain from doing this.

 

You may feel it best for you to use a solicitor but it may not be for everybody. If they subsequently decide to seek legal advice for themselves, I am sure they will be able to find suitable representation for themselves.

[JonCris]

caro I find your post incredulous.

 

If your read the thread you will see that Nellie has exhausted every avenue including the police & TS.

 

Taking on LBL is unlike the banks a complicated business which involves a great deal more expertise & effort

 

Also if you seem to think that solicitors prepared to take on this work without charge are in abundance they are not. In fact as I recall nellie spoke to a number without much success & I know of no others.

 

Also why are you so concerned that she has found one willing to undertake the work via legal aid who is willing to take on a couple of additional clients on the same basis. That strikes me as an odd response considering it will probably be the 1st law practice to come to the aid of victims. One would have thought the founders of this site would be pleased to have at last lawyers prepared to have a go on members behalf

 

PS she has tried to take them on using this site but they have just ignored her & she clearly doesn't have the expertise to mount a legal challenge.

 

However I think the best way to approach the issue of LBL is to let nellie fight the fight & then tell us how it was done

[caro]

I think you misunderstand me JonCris. I am delighted that Nellie has found someone willing to help, and a little surprised as I understood that legal aid was not available for civil cases. I am well aware that Nellie has had a difficult time with this and I fully understand her seeking professional legal advice having exhausted all avenues. I have no problem with that at all. Please read my signature.

 

What none of us know at the moment though is how successful her solicitor will be, and how long it may take, and Nellie is recommending this person without knowing if her own case will succeed or not.

 

I am not aware that this lawyer is doing this on members behalf as s/he has not revealed themselves to the owners of the site or sought permission to offer their services on the site as far as I am aware. Nellie, presumably due to her circumstances has managed to get financial help with her case which her solicitor will obviously benefit from. Fair enough, he or she is entitled to make a living, and it would be unrealistic to expect the work to be done for no reward. At every stage Nellie and yourself are advocating that she does not reveal information, and her solicitor may not like his advice offered freely after the event either, when presumably he may still be able to earn more from people who are already victims of LBL, yet may not qualify for the financial assistance that Nellie has secured. You may gather that I am not au fait with the intricacies of the legal system, legal aid etc, which is why I am seeking some clarification that everything is open and above board and that nothing is happening without the knowledge and sanction of admin.

 

I'm sure that you must be aware that there are an awul lot of ambulance chasers about, and they are not free to tout for business on this site. If their motives are better than that, they should discuss the matter with the site founders and let them decide if they wish to accept someone working on members behalf on the site. It's their site and their decision.

[norvernrob]

Hi all

 

A question has just come up on a car forum i use, the question is 'how can I find out who owns a particular number plate as I want to buy it for my daughter'. Well people have answered - do a HPI check! https://www.hpicheck.com/consumer/?source=RACLite&update=false

 

I thought of this case straight away when I saw it, hope it helps.

[JonCris]

Make sure you do the check in your daughters name as HPI will offer a guarantee that the vehicles is not on HP for which you may have to pay a small extra sum.

 

Also if it's found to be on the register that doesn't mean it's still on HP it may be that the lender hasn't got round to informing HPI. In that event you can then check with the HP company to confirm settlement.

[JonCris]

Caro clearly you have not read my many posts about those who charge the victims of the money lenders to recover their own money

 

In some cases LSC funding help is available to those on benefits & very low incomes & as I read it nellie's solicitor wants to run 1 or 3 test cases in order to clarify the funding.

 

To suggest nellie should disclose their name & willingness to act in these matters at this early stage is a nonsense as I doubt they would be able to cope with the demand.

 

Also you complain nellie doesn't yet know if they will be successful against LBL yet they are being reccomended. A bit of none starter for an argument because as far as I am aware no one on this site has yet been successful with LBL as if they had everyone would be following their tried & tested formula including I suspect nellie

[caro]

Strangely no JonCris I haven't read all of your posts on this or any other subject, and I doubt anyone can profess to reading everything on the site. I read differently to you, as I read that Nellie had legal aid and didn't read anything about testing funding.

 

I have suggested that Nellies solicitor contact the site owners to establish that their site, which they kindly let us all use free of charge, may be used this way. It is for them to decide if this is acceptable. I don't think I have asked Nellie to reveal a name as the solicitor clearly wants to keep quiet about it.

 

Obviously there isn't anything tried and tested on this site, as Nellies solicitor isn't tried and tested in this area as far as we know. I do not feel it appropriate to recommend specific help without knowing how she will get on, and the success of it.

 

I find your attitude to this very odd JonCris. This is Nellies thread, her case, her problem, and I have done nothing but support her. I just asked her to refrain from asking people to PM her for details and to share some of the knowledge she has gained. She has used the site to air her problem, found legal representation as a result of the site, and in common with all users, I have asked her to share what she can and feels able to.

 

I hope that clears up the matter to your satisfaction, and of course to Nellies.

[JonCris]

Caro I'm sorry I find your comments to be without merit as they ignore the real world. No law practice is going to take on cases without 1st satisfying themselves there is a case to answer.

 

Also we are not just talking about only giving advice if a practice takes on a client they can't just abandon them part way through. They will almost certainly have to issue proceedings & may even have to attend court.

 

I thinks it's clear & by your own addmission that you don't understand how the judicial system works.

 

Whilst they can quote the general law no solicitor can give free advice to individuals on a website & without knowing their precise circumstances. To be indemnified each "client" has to be identified, their individual situation considered then sent "client care" letters together with a CFA.

 

To do otherwise would be highly irresponsible & risk a professional negligence claim.

[caro]

Where is this coming from JonCris? I am not saying there is no case to answer, I am not saying the solicitor doesn't think they will win, I am not saying they should abandon Nellie part way through, I am not saying anything at all against Nellie or her solicitors dealings with her, I am not saying Nellie won't win. The fact is the case isn't won yet. Surely not every solicitor wins all of their cases. I don't know, but it seems unlikely to me. I am pleased Nellie has someone to represent her. She has done what is right for her. If she's happy with that, then so am I.

 

I am not for one minute suggesting that a solicitor give their client advice on a website. I am suggesting that Nellies solicitor should have the common courtesy of getting the authorisation of the site owners before recruiting any more people as clients on a professional basis, no matter how well intentioned.

 

I don't know who the solicitor is, so perhaps Nelllie, or you if you know who it is, might suggest that BankFodder and/or Dave are informed of their activity and get their authorisation that it is acceptable on the site that they host. Only they can decide what is acceptable and it is not for you or I to decide this issue for them. Doubtless they will make us all aware if they agree.

 

I see no useful purpose in you and I continuing this discussion on Nellies thread, unless you have something useful to add that will help her. It seems to me though that Nellies case is now being dealt with by a professional so I am not sure their is any merit in additional advice either as it seems they are confident in the case succeeding already. People with their own situations to discuss should be starting their own threads, and advice to them can be posted there.

[norvernrob]

The HPI check isnt for me - apparently it is a way of finding out who owns the car with that number plate on, I thought Nellie may find it useful.

[nellie75]

Hi all

 

A question has just come up on a car forum i use, the question is 'how can I find out who owns a particular number plate as I want to buy it for my daughter'. Well people have answered - do a HPI check! https://www.hpicheck.com/consumer/?source=RACLite&update=false

 

I thought of this case straight away when I saw it, hope it helps.

 

Hi Norvernrob

 

Thanks for info, link is taking me directly to HPI check,can you confirm what forum the post is on so I can have a look. Good of you to think of my case, everything helps alot

 

Thanks again

 

Kind Regards

 

Nellie

[nellie75]

Caro

 

I really do apologise if I have caused trouble over the solicitor situation, my intention was never to promote a business using this site, I never even thought of it that way at all. To be honest I don't fully understand your concerns as I don't fully understand the ins and outs of this site apart from sharing experiences and helping others, that is all I was trying to do.

 

As JonCris has said, probably the best thing to do is fight my fight and report how things pan out, although I have not got this far without uncovering a few disturbing facts about this company which I have posted. Regarding the basis of my own case, these details have not been witheld soley to protect myself but also not to advise on things what I haven't had confirmed in court yet.

 

I understand that you have a job to do but I am here purely as a victim and a consumer, I am not legally minded and can only report things as they have happened and the idea of gaining business for my solicitor has truely never entered my head. None of my knowledge has come from any other source other than my own personal experience although I have learned alot along the way.

 

As JonCris also said, I have been constantly ignored and laughed at by LBL, they know that legal help is virtually impossible to get hold of, especially in my situation and they rely on that. The fact that i have overcome that and am in a strong position to fight back is the sole reason I have mentioned my solicitor. I feel its a big step towards gaining power against these sharks, not only for victims of LBL but other organisations who take advantage of the lack of interest from the legal system in cases like mine.

 

As I have said before, my sole reason for still posting is simply to help others, I have been lucky enough to have found people to help me and it would be easy for me to abandon this site as I don't need to worry about my own situation any more. It is with the help of JonCris and others I can now say that and I just want to give something back, I have no other motives.

 

I must be honest, I do feel somewhat let down by the moderators on this site, mainly because their input seems to be when they feel I have stepped out of line or said something I shouldn't. Again all I can say is I am not legally minded and don't understand legal obligations you have regarding what is right or wrong to post, but I do appreciate that and take it fully onboard as i have before.

 

All I can do is say it how it is and must leave the legal aspects to those with that knowledge

[caro]

I quite understand Nellie and am pleased you have found a way to solve your problems. I'm sure you must realise that this is still quite a new site and we are all still learning, which is why sharing information is so important, but obviously not in such a way to jeopardise your own case. My information merely comes from the forum rules which this link leads to if you or anyone else care to take a look.

 

http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

[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

 

 

 

Hi there

 

Sorry for delay getting back to you, take it there is no news from LBL?

 

The most obvious case they need to answer is the fact you were unaware you signed the bill of sale agreement you were not informed and its implications were not explained. I doubt anyone who was aware they were signing over their car to somebody would do so, this is a [problem] and seems to be the centre to how LBL operate. This can be challenged under misrepresentations act as you were not presented with the full facts and were misled into signing the document. On your paperwork have you actually signed it as a seperate document that you signed at the bottom or is it incorporated within the main agreements?

 

Dispite your case above, it is widely known that LBL agreements are unenforcable for many reasons but each agreement is different and you need to seek legal advice on that. Mention you did not sign on trade premises.

 

Also they did not issue a default notice, therefore did not warn you of intentions, this also can be challenged as there are laws regarding this, certainly OFT guidlines - does anyone have more knowledge of this???, not too clear on this one but i know they should have issued one.

 

All in all, they had no right to take your car, it is basically theft, please do not let them get away with it, seek legal advice as soon as possible and let me know how you get on.

 

Contact community legal service direct, they will take on your case and will more than likely refer your case to Trading Standards. I think TS are beginning to become aware of LBL so the more people who report them the sooner something will be done. Make sure you tell them you had paid nearly all the debt back, they did not issue default notice, they took car with no court order and say they own the car based on a bill of sale which you believe is unenforcable.

 

Please let me know how you get on, if i think of anything else i will let you know

 

good luck

[JonCris]

Where is this coming from JonCris? I am not saying there is no case to answer, I am not saying the solicitor doesn't think they will win, I am not saying they should abandon Nellie part way through, I am not saying anything at all against Nellie or her solicitors dealings with her, I am not saying Nellie won't win. The fact is the case isn't won yet. Surely not every solicitor wins all of their cases. I don't know, but it seems unlikely to me. I am pleased Nellie has someone to represent her. She has done what is right for her. If she's happy with that, then so am I.

 

I am not for one minute suggesting that a solicitor give their client advice on a website. I am suggesting that Nellies solicitor should have the common courtesy of getting the authorisation of the site owners before recruiting any more people as clients on a professional basis, no matter how well intentioned.

 

I don't know who the solicitor is, so perhaps Nelllie, or you if you know who it is, might suggest that BankFodder and/or Dave are informed of their activity and get their authorisation that it is acceptable on the site that they host. Only they can decide what is acceptable and it is not for you or I to decide this issue for them. Doubtless they will make us all aware if they agree.

 

I see no useful purpose in you and I continuing this discussion on Nellies thread, unless you have something useful to add that will help her. It seems to me though that Nellies case is now being dealt with by a professional so I am not sure their is any merit in additional advice either as it seems they are confident in the case succeeding already. People with their own situations to discuss should be starting their own threads, and advice to them can be posted there.

 

Where it's coming from is your obvious desire to maintain the status quo & discourage anyone from this site who might need it seeking professional help. Which frankly I thought would have gone against the ethos of the site.

 

Your protestations about not being approached for permission appear to be Empire building as it's clear you don't want anyone to encroach on your patch.

 

As I have already stated I understand it the firm wants to run test cases & I'm sure if they are successfull I'm sure they will be in contact.

 

I give up! I've just read your comment which I have underlined & frankly it's obvious your haven't read my post reagarding a law practice giving advice direct to individuals or even disclosing clients ongoing matters on the web.

 

Anyway I think nellie should go another site & mention the possibilty of free help to them

[Robertxc]

There seems to be something slightly odd going on here. Joncris - You and Nellie75 seem to be either the same person, or two people (or even three) posting from the same location, using the same IP address. Obviously, if you're the same person, and you're holding a debate with yourself, you might want to think about getting some help! If you're different people, why not be up front about it? Was this written by you?

As a person who practices in the area I can say that the rules are not to blame but the little tinpot jobsworths who use the HSA to further their own authority/empire. The constant cry fostered by the insurance industry so they can raise premuims is that we are becoming a compensation culture.....Complete rubbish. Research both by goverment & surprisingly the insurance industry shows there are now fewer claims than 10 years ago.

 

Also the courts only award damages if there is proven negligence. Little Jonny falling off a swing in the local park ain't going to get anything, unless it is proven the swing was defective & should have been repaired long ago

 

This fact is ignored by both insurers & the media. I suppose in the case of the latter it doesn't make for good copy!

If this was written by you, it suggests that you (or at least one of you) are a lawyer - something you seem to have forgotten to mention. This would obviously put s somewhat different complexion on the advice you've been giving Nellie75/yourself on the forum. JonCris, Are you the lawyer who'se trying to take on a case for free? Are you trying to take on your own case for free???

 

This thread perfectly illustrates why we require bank staff, lawyers and anyone else who might see our membership as a source of income to get permission before posting. This thread is closed.

[meggyweggy]

Well an update still waiting for Gemini to collect the car, starting to become a joke now, and the longer it goes on the longer they have to mount up charges which makes me think this is why they are doing it. Looking at issueing everything once this has been dealt with.

 

With regards to contacting my employer they gave details of everything including what they said the balance was, still awaiting a copy of the letter from my employer but i also thought you couldnt contact an employer with details. Will keep you all updated

[JonCris]

You can't & thats already been answered. Make life hell for them

[meggyweggy]

I intend to as it not only really hacked me off but has put my job in jepody

[actionblusox]

Hi great news,

can you please consider my case as you know they have been very misleading and have conned me 3 times each time forcing me to consolidate my loans its crazy.

i posted a few replies maybe a few months ago. you can see through the posts. please help.

[nellie75]

Hi great news,

can you please consider my case as you know they have been very misleading and have conned me 3 times each time forcing me to consolidate my loans its crazy.

i posted a few replies maybe a few months ago. you can see through the posts. please help.

 

Hiya

 

Yes I remember your posts, you have had a rough time with these sharks too, do you still have the loan with them? I remember you saying you where on benefits is that right?

 

What area do you live in?

[actionblusox]

Hi

Yes i do still have a loan with them. and i had to come off of incapacity benefits after 15 months earlier than i should of done due to the extortionate pressure of LBL, i am in west yorkshire..can i be helped?thanks

[nellie75]

Hi V J R

If you look at what I said the payment wasnt made while I was in Spain but I couldnt do anything about that, at the time I didnt know that money wasnt paid into that account, it was only when I got back last week that I received the letters from them saying that the payment was late, I pay them monthy they count it as weekly and put £1300 extra in cost for me missing just one payment!!!! About me buying another car, this as nothing to do with them. The loan was on the other.

The clamping guy was cool about it all, and I checked up and he needs a county court judgement and then a court order before they can clamp it, so really he was breaking the law for clamping it. And even if not and they did me for criminal damage then hmm think I'd rather pay £200 in a fine than lose £10,000 to a company that needs to be looked into.

So thats was my next step, after reading some of the comments on this thread and others and this now happening to me, I thought its time i rang an old buddy of mine that I used to serve with, who is now a freelance undercover reporter, so the next step is getting LBL the right public advertising they DONT want to have, and letting people really know how they work. So hes working along side me on this one.

I would have paid them the money they was outstanding for the 2 months no worries, or even the £2000 I had borrowed + the monthly payment I had missed, but for them to turn round and ask for £6000 after only borrowing £2000 for 3 months at which i only missed 1 months payment is a CON. So the only way I can see me getting this into court is for them to take it there, at which after the phone recording I have of them telling me I now owe £6000 and have an hour to pay, and them not telling me that I was signing a bill of sale, when I even asked the person before I took the loan out, that if for some reason a payment was late what happens, and told that if your over 2 months late they will apply to court so they can get a court order to collect the car, but then it takes another month for that to happen, so would give you the time to catch the payment up, and then they couldnt do anything about it... hmmm isnt that being misslead by there staff??? because that was total [edit]

Also just found out today for anyone out there that is going through this problem, I've spoken to a pawn broker and hes taken a copy of there LBL contract and looking into this, as he told me they work the same as a pawn broker so he thinks they dont have a legal leg to stand on as there was a case involving a farmer that leant money on the papers for some cows he owned, and it ended up in court and the firm lost because when they lend money they are suppose to keep the item the are lending on and not paperwork to the item be it cows or a car thats why pawnprokers dont lend money for cars on there logbooks, and as he said if its one law for one then the law stands for all!! so will keep you informed with what he finds out for us.

Kind regards

 

Buzz

 

 

 

Hi Buzz

 

Great big pat on the back for standing up against these lovely kind and caring company

 

Very interesting point regarding the pawn broker situation, please keep us updated.

 

I am sure your reporter friend won't be short of stories and I am willing to tell mine so give us a shout They aparently sold my car for half its value and gave away my private plate worth 30k for free - see they are generous

 

Keep up the good work and keep in touch

 

Kind Regards

 

Nellie x

[v_j_r]

There's only one person who has effectivley brought these people to book so far and thats myself!,the trouble is you are all looking at the complicated legal scenarios but guess what it's the simplest of things that are often overlooked thats the killer?.:o

 

I've said many times and i'll say it agian i am waiting for a posting of success against Lbl ltd other than myself take a look in this thread all persons here have failed legally, guess what i'm still waiting!.

 

Regards.

[nellie75]

VJR

 

You tend to be very cyptic in your personal knowledge of LBL

 

I dont no of anyone other than myself who has comenced legal proceedings against them and don't see how you can have any power against them other than the law