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10 April 2008 / Paul Beevers
Issue: 7316 / Categories: Features , Legal services , Procedure & practice , Profession
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The five-day countdown

Paul Beevers explains why lawyers acting for clients with logbook loans need to act fast

It is surprisingly easy to use a car as security for a secured loan, just like a house. Most lenders call them logbook loans. The loans are usually short term, at least initially, and at higher than average rates of interest: 200%-plus annual percentage rates (APRs) are common. For those who cannot repay their loan the car they have given as security is easily taken from them—and then gone in just five days. Originally, as the name suggests, logbook loans involved leaving the vehicle registration document of the car with the lender, as security for the loan. However, this attempt to create a pawn of the car failed to work, because a vehicle registration document, a V5, is not a document of title—see Joblin v Watkins and Roseveare Motors Ltd [1949] All ER 47 and the statement to that effect on all V5s.

To establish the right to take possession of the car lenders turned to

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MOVERS & SHAKERS

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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