Out of court Settlement with Nine Regions Ltd T/A Log Book Loans (WON!)

[Hip_Hop]

Thanks Applecart. I would be, if Central London County Courts would pull their fingers out!

 

The draft consent order was received by the court on the 23rd Nov and was immediately sent over to the orders dept, awaiting a judge to approve its draft form, once file and draft consent have been sent to the judge.

 

This should have been a straight forward process. Simple draft consent agreed by both parties, just awaiting a judge to give his "stamp of" approval. Sending it back to the orders dept for it to be typed up, and a copy to be supplied to both parties so that the settlement cheque can be drawn up and despatched by LBL.

 

But no! As of yesterday morning, they were still awaiting for a judge to see the draft consent...From 23rd November???????????

 

They are in such a mess. This is the same establishment that had previously personally taken my allocation questionnaire, by hand, before the deadline, at the court counter and then informed me 6 days later, by order, that I had failed to file in time and had 7 days to submit it or the claim would be struck out!!

 

This particular court is so backed up, that files go missing, hearing dates are vacated but judges and other parties are not informed! I kid thee not. It's a complete shambles. This is one area that Log book loans have had no input in so, I can't blame them on this occasion.

 

Meanwhile I am awaiting my compensation, which the court's lack of administrative action, means is delayed whilst they get their act together.

 

Hopefully the judge will have acted on it, yesterday or today. thereby, allowing possible Order to be typed up today or tomorrow and sent out Friday, to be received Tuesday/Wednesday of next week?

 

I will obviously post update, when I have it to post

Edited December 9, 2010 by Hip_Hop
format

[Hip_Hop]

By way of update.

 

Called Central London County Court yesterday (Friday 10th December) to ascertain that draft Consent had indeed been approved by Deputy District Judge and returned to the order Dept, only to find out that due to extensive backlog and the loss of over 400 man hours it would be at least a further 5-10 working days as a minimum, to get order cover sheet of c 30 words typed up!

 

I complained bitterly that this was unacceptable and and was put through to the Deputy Court Manager.

 

He gave me the loss hours rationale and back log. I explained the previous issues that I had, had with the court, as detailed in this thread (prior to the bad weather...)and he was more empathetic and said he would try and get it sorted by Monday without making any promises.

 

Guess what? ............ The approved consent order, with General form of Judgment or Order, arrived this morning signed and sealed!!! I love miracles.....

 

So, LBL should receive their copy too and "The cheque" and therefore confirmation on deletion of interest from the HPI registry and Experian, should be forthcoming soon too.

 

If any of you have matters at this court, don't take anything for granted. Secondly, if you are thinking of using this court, I would seriously consider using an alternative. They are incompetent beyond belief, despite the efforts of certain individuals, they are just not able to cope due to the volume that they are dealing with. And I can only see it getting worse as further cuts and savings are made to this service.

 

If I hadn't persevered so diligently, I am sure that it would have been mid to end of January before the consent order would have seen light of day, if it hadn't have been lost in the interim.

 

All that aside, I can see the finishing line looming ...........Will update when cheque is received.

[superoli]

Hello,

I tried to send you a PM but it says your inbox is full.

Superoli

[Hip_Hop]

FINAL UPDATE

 

It's finally over! Cheque received today from Nine Regions Ltd in full and final satisfaction of all matters.

 

HPI delete confirmation sheet attached, ( clearly marked Log Book Loans Ltd).

 

Also written confirmation from Nine Regions Ltd that release of title to my Jaguar XJ8 and confirmation that instructions have been made for removal of any other finance or other markers.

 

I am once again the proud owner and sole possessor of said vehicle!

 

So my life is back in my hands, in time for Christmas and the New Year.

 

Merry Christmas to my fellow Caggers and that includes CCTV Engineer (Tom). Hopefully he will now stop the PM's and other emails to unsuspecting Caggers, maligning my character!

 

i.e Extract of email from CCTV Engineer (Tom) to THFC1960 on the 29th November

 

"yes tropper and others think he is also lbl. and in his posts he gave his car type (jaguatxk) and oft have no record of him calling"

 

They wouldn't Tom, as I have never called them.

Why would I need too?

 

Anyway a Happy New Year to you too and the rest of the crew.

 

By the way Tom, great moustache!

 

 

The irony of this whole escapade with Nine Regions T/A Log Book Loans is............

 

I actually ended up, making a profit by taking out a loan with Log Book Loans! Now that's comedy for you.

 

 

HIP_HOP IS HIP_HAPPY!

Edited December 16, 2010 by Hip_Hop
clarity

[THFC1960]

[Hip_Hop]

FINAL UPDATE

 

It's finally over! Cheque received today from Nine Regions Ltd in full and final satisfaction of all matters.

 

HPI delete confirmation sheet attached, ( clearly marked Log Book Loans Ltd).

 

Also written confirmation from Nine Regions Ltd that release of title to my Jaguar XJ8 and confirmation that instructions have been made for removal of any other finance or other markers.

 

I am once again the proud owner and sole possessor of said vehicle!

 

So my life is back in my hands, in time for Christmas and the New Year.

 

Merry Christmas to my fellow Caggers and that includes CCTV Engineer (Tom). Hopefully he will now stop the PM's and other emails to unsuspecting Caggers, maligning my character!

 

i.e Extract of email from CCTV Engineer (Tom) to THFC1960 on the 29th November

 

"yes tropper and others think he is also lbl. and in his posts he gave his car type (jaguatxk) and oft have no record of him calling"

 

They wouldn't Tom, as I have never called them.

Why would I need too?

 

Anyway a Happy New Year to you too and the rest of the crew.

 

By the way Tom, great moustache!

 

 

The irony of this whole escapade with Nine Regions T/A Log Book Loans is............

 

I actually ended up, making a profit by taking out a loan with Log Book Loans! Now that's comedy for you.

 

 

HIP_HOP IS HIP_HAPPY!

Edited December 16, 2010 by Hip_Hop

[dx100uk]

8)

 

...........

 

dx

[Hip_Hop]

Cheque cleared last night @ 10 pm. Thank you Nine Regions / Log Book Loans

End of..........

[applecart]

Well bloody done!!!!

 

Seeeeeee.... you are now wearing the same t-shirt as many of us on the forum that haven't spelt it out so loudly : )

 

Hip Hop... a word of caution - It would appear for all intense and purpse that you won the score of the BoS; the Agreement may still present an issue for you - (not really - but they may think it does)........ beware, they will try to put in a claim against you for the outstanding amount under the agreement (stupid, I know, but trust me - they may/will try).

 

But..... in the meanitme - Well bloody done again!!!

 

Ker chinggggggggggggg!!!! ££££££££££............. oh dear LBL..... not so closed shop as you thought???

 

My thoughts are................... this is just the TIP of ICEBURG!!!!!

 

Good on YOU Hip Hop!!!!

 

I'm loving ittttt!!!!!!!

 

Apple : )

Edited December 22, 2010 by applecart
gramatical typigraphical errors

[Hip_Hop]

Well bloody done!!!!

 

Seeeeeee.... you are now wearing the same t-shirt as many of us on the forum that haven't spelt it out so loudly : )

Simply informing fellow Caggers, so that there is a beginning, middle and most importantly, end for all. No loose ends. You know me and clarity!

 

Hip Hop... a word of caution - It would appear for all intense and purpse that you won the score of the BoS; the Agreement may still present an issue for you - (not really - but they may think it does)........ beware, they will try to put in a claim against you for the outstanding amount under the agreement (stupid, I know, but trust me - they may/will try).

I don't think so. Consent order

 

" 1. The terms hereof shall operate in full and final satisfaction of any claim whatsoever either party may have against the other.....

 

3.Defendant shall release and not be entitled to pursue or further pursue its claim to title or interest in the Jaguar XJ8 Type motor vehicle with registration number XXXXX and shall further arrange deletion of any interest from the HPI Register and Experian"

 

I think that puts any pursuance of any interest or the use of any legal instrument outside the scope of even Nine Regions/Log Book Loans.

But..... in the meanitme - Well bloody done again!!!

 

Ker chinggggggggggggg!!!! ££££££££££............. oh dear LBL..... not so closed shop as you thought???

 

My thoughts are................... this is just the TIP of ICEBURG!!!!!

 

Good on YOU Hip Hop!!!!

 

I'm loving ittttt!!!!!!!

 

Apple : )

 

Thank you Sir Apple and a very Merrily Christmas to you too!

Edited December 22, 2010 by Hip_Hop

[applecart]

Simply informing fellow Caggers, so that there is a beginning, middle and most importantly, end for all. No loose ends. You know me and clarity!

 

I don't think so. Consent order

 

" 1. The terms hereof shall operate in full and final satisfaction of any claim whatsoever either party may have against the other.....

 

3.Defendant shall release and not be entitled to pursue or further pursue its claim to title or interest in the Jaguar XJ8 Type motor vehicle with registration number XXXXX and shall further arrange deletion of any interest from the HPI Register and Experian"

 

I think that puts any pursuance of any interest or the use of any legal instrument outside the scope of even Nine Regions/Log Book Loans.

 

 

 

Thank you Sir Apple and a very Merrily Christmas to you too!

 

I don't think so. Consent order

 

" 1. The terms hereof shall operate in Full and final satisfaction of any claim whatsoever either party may have against the other.....

 

3.Defendant shall release and not be entitled to pursue or further pursue its claim to title or interest in the Jaguar XJ8 Type motor vehicle with registration number XXXXX and shall further arrange deletion of any interest from the HPI Register and experian"

 

I think that puts any pursuance of any interest or the use of any legal instrument outside the scope of even Nine Regions/Log Book Loans.

This is EXCELLENT!!!

 

But for the benefit of other caggers; when you get an order that restricts you from pursuing the lender further (sorry too use your Order Hip Hop as a example - You worked hard to get it and I don't want you thinking I am undermining your success in any way - ok - but the order is too restrictive) .... the reason I say this is because,.......

 

Getting paid your damages and costs for an unenforceable Bill of Sale is only one part of your consumer right.

 

The other side of a consumers contention with the lender is the outstanding Agreement - because whereever the Lender causes a situation, where they have effectively enforced the agreement without an order from the Court (i.e- taken action to either physically take your car or made attempts to take your car without first having secured a court order)- they are in breach of their own agreement - it's called 'repudiatory breach'..... granted as a consumer - they would not have normally sought to take your car if you were not in default of the payments, which in itself is a breach - but... taking action to seize a vehicle under an invalid bill of sale is not the way forward for the lender without recourse to the courts first!!

 

Now.... where the lender has taken such action and you can prove that they did..... then you can not only sue them for damages for enforcing an invalid BoS; (i.e in Hip Hops case the £5K they had to pay out) but you can also sue the lender for repudiatory conduct under the terms of the agreement and claim damages due to the Law of Restitution - The Law of Restitution is a beautiful peace of legislation - it works to ensure that the Lender is not unjustly enriched - it even works to put the Lender in the position where the original amount loaned to you is considered no more than a 'gift' - in that, they cannot ask or expect you to repay it or any interest that they levied at the time - and additionally - they can be made to return all monies you paid to them plus interest too!!! - isn't it beautiful??? so Caggers - Hip Hop has shown how to get to the tip of the iceberg - but, like I said - it is just the 'tip' - so, look into this further remedy - you may need legal assistance to make sure you get all you are due - but don't leave money that belongs to you with the Lender - they should know better - in fact... the more consumers who follow through, the more chance we have of deterring Lenders from taking the **iss................. Lets not be Sold Short!!!!

 

I hope this makes sense to all???

 

But... Well done Hip Hop and a Merry Xmas to one and Allllllllll : )

 

 

Apple

[emanevs]

Hi People,

 

What happens where:

 

1) The credit agreement is unenforceable due to bankruptcy

2) The credit agreement was signed by person 'A'

3) The bill of sale was witnessed and signed by person 'A'

4) The sworn affidavit was signed and witnessed by person 'A'

5) The bill of sale was received on the 7th Day, but registered 13 days after date of bill of sale.

 

Any help with this would help lots as I am in Court with these xxxxxx now.

[dx100uk]

ping postggj

 

dx

[Hip_Hop]

Interestingly came across this link in respect of an appeal made last Dec on the very attestation point I raised in this thread! The OFT were thinking on the same lines, so have included the link for others to peruse and comment on accordingly.

 

http://www.bailii.org/uk/cases/UKUT/AAC/2011/280.html

[applecart]

Hi Hip Hop

 

It would seem to me that all that occurred from having briefly skimmed through the link you post, is that NRL's appeal was allowed? They are really good at delay and contortion!

 

Let's not forget, NRL have a lot riding on the decision from the appeal hearings - if the OFT decision to revoke their licence is upheld; then they won't be licensed to lend anyone any money, this would include all their Franchisees too.....

 

It does not surprise me that they will look for any nook and cranny to hide under to delay the inevitable outcome.......

 

NRL fail to realise that it's not about the Law's they use to protect their business... but the way they IMPLEMENT the Law that is of great public distress....

 

Given the fact that they have appealed the issue of 'attestation' along with the OFT decision - this is a clear sign that they have no idea what they are expected to do to stay within the Law - Their business model is no more than a blatant disrespect of the very customers they seek to serve and a blatant disregard for the Law and those that seek to uphold it!!!

 

Attestation as I have erred before is not a stand alone win - it is the overall concept, delivery and execution of their complete business model that is at fault - that is why... consumers should never rely on one issue alone to challenge NRL/LBL in a court of Law...

 

This is a Company that uses past cases that they have 'won' as party to it's claim against consumers - for those that I have seen, I can see that the consumer was unrepresented and blinded with science so that NRL won against them...I wish I had fought their cases for them - it would have been a far different outcome!!

 

The Company is rotten to the core in my opinion.

 

The final hearings are happening right now, The OFT website will inform us all in due time of the outcome either way.

 

Perhaps it would be a better debate as to the possible outcome of the Final appeal???

 

Question - Hiphop, do you have any knowledge of 'securitisation'?

 

Apple : )

[Hip_Hop]

Hi Applecart,

 

No, unfortunately I do not have knowledge of securitisation.

 

I appreciate that NRL/Logbbook loans were given the right to make the appeal but I never forget that there are numerous logbook loan companies out there that operate in this arena and the attestation point raised in my original thread still stands. I just thought it mighty be worth ressurecting for others, if they need to scrutinise other Bills of Sales/CCA's if others are abusing their positions? This is irrespective that NRL are appealing against the OFT case against them.

 

As to the current appeal being heard in the tribunal by the embankment. I think that NRL/Log Book loans are absolutely aware of their operational activities and are simply using whatever legal means are available to them, to operate for as long as possible whilst their appeal is being heard.

They can afford the best of legal minds and will continue to use the best that is available. They are a multi million pound operation that are commercial ruthless.They operate as lenders of last resort and will no doubt re-phoenix if they lose the appeal.

 

It is coming up to two years since they were initially given the minded to be revoked alert by the OFT and how many more millions have they sequestered? It's all just one big game for Iain Shearer!

 

They are not looking to serve customers Applecart-they are looking to fleece them!

 

That is the core essence of their business model-To be as commercially successful as they can be-SIMPLES!

[applecart]

Hi HiphopOn Securitisation - I wished you did know about it, because I'm sure you would bring a lot of useful information to the debate on the forum to do with it - but not to worry... : )On the NRL/LBL - The appeal concerns ALL Franchisees trading as LBL, whereever they are trading, under whatsoever guise, so if they lose; they ALL go out of business.This is the reason why the case has taken so long - The OFT are looking to strip them ALL out - they ALL have the same footprint.It doesn't matter how much 'money' they have or how much 'sway' they may have over their chosen solicitors or barristers etc; non of them are above the Law!!The OFT's position is very strong, they will/should have the support of CAB's up and down the country, Trading Standards and a number of Consumers who will/should have all attended the appeal to act as witness against NRL - I cannot see the likes of NRL/LBL having such strong support... So hopefully there will be no need for consumers to be debating their civil rights when they are simply looking to arrange credit for whatever purpose,,,,, this is what the courts are for... and when companies are found to be repeatedly flouting the Law without regard for consumer rights - then they should expect to have their credit licence revoked!!!If you recall - they were warned loooong before the decision to revoke was made.... they chose to 'business as usual' ... Well.... hopefully they will be found to be totally wrong.!!Apple : )