JBR Capital
A Case Study

This is my version of events on my dealings with JBR Capital. Unfortunately, we do not have their version as they have categorically refused to engage on any of the points in relation to the DSAR, Forensic Audit or anything else.

16

April 2021

In the interest of trying to be as impartial as possible, I will stick to verifiable facts and try and leave emotion and opinion out of my story to-date (April 2021) with JBR Capital.

Me, JBR & Vehicle Finance Deception

My journey with JBR Capital started back in 2018, at this point, the company had been trading for 3 years. 

Looking at their reviews on trustpilot (filtered showing negative), I could not help but be impressed. They seemed to be the perfect finance company. Everything you could hope to have when purchasing something high end. So, we purchased my wife’s Mercedes GLE. (£53k and a £10 000 deposit – June 2018). In fact, I was so impressed with them, I ended up using them when I replaced my car, a BMW M760Li (£90k and a £25 000 deposit – Feb 2019). At this point, I had close to £150k in finance with JBR Capital and £35 000 cash deposits paid over.

During 2019, I closed my company down and JBR asked to move the finance to the new company or to me personally. Novation Documents were signed and sent back and I forgot about everything. Fast Forward to 2020 and the global meltdown of all common sense. (if you are interested in this, see https://rational.global.) JBR had their funding turned off by HSBC bank and panic set in.

JBR Reviews over Time

What I’ve noticed is, as time has gone by, more and more issues are cropping up with their reviews on both TrustPilot and Google Profiles. As you can see from the above, over the last 12 months, 30% of reviews are Bad (ie: 1 or 2 star) and they are all for the same reason, virtually without exception. (source – trustpilot)

Bullyboy tactics & extortion

My account was allocated to their Team Leader, Direct Sales, JBR and he tried to bully me into taking new finance out on the vehicle as it was currently un-financed and un-financeable. (They lost the novation documents or just did not act on them) At some point, I suggested (knowing that they would go for it, but to actually see the response.) that we backdate and resend the novation documents (which is obviously fraud and against the rules of any credit agreements) and he agreed to this.

Back to my story. I took a 3 month payment holiday on my wife’s car, which ended in September 2020 to try and work something out. We had now been without work or an income for nearly half a year. This seemed like the most appropriate action given the circumstances. For my car, I continued making payments as I did not want to, nor could I afford to jeopardise anything with this. If something happened, the way the banks were acting, me replacing the vehicle was going to prove to be almost impossible.

The Small Print

Once the payment holiday ended, the threats from JBR Capital started. Mainly Threats of Bankruptcy if I did not settle the outstanding finance. At this point, I realised that all was not as it seemed. This ties in with a lot of the reviews that are starting to show up.

So these are unregulated agreements with no break clauses as would normally be expected on vehicle finance.  I decided to ask for my settlement figures for both vehicles. Imagine the shock when after paying close to £16 000 in finance plus a £10k deposit on hers and £25 000 deposit and £15k on mine, my outstanding balance had hardly moved from the original finance amount.  Negotiating with them failed. I explained that I have not worked in nearly a year. At this point I still wanted to work with them to close the agreement. Making, what i thought was a reasonable and sensible offer of the vehicle back and around £2000 which would still have seen them in profit for the agreement. I was met with a hard NO. They wanted everything, no negotiating.

Financial Rabbit Holes

This sent me down the rabbit hole and i started investigating what credit really is and how its created. Imagine my shock when I discovered that banks do not lend anything. There is no borrowed-lender relationship between me and JBR Capital. My signatures created the credit. I invested in a Forensic Audit which opened my eyes to the whole process and what really happens. You can see from the image (to your left on a pc or tablet, or above you on a mobile device) showing the complete trace records of the vehicle sale. Showing all the banks and agents involved.

After the Forensic Audit, the next step is to DSAR the agent / “finance company”. The DSAR is your way of finding out exactly what happened, or at least, once you know, forcing them to admit it. Obviously, you can do this without a Forensic Audit, but having the information means you are 100% aware when they refuse to provide you with who they have shared your data. In most cases the person you deal with won’t have a clue about what really goes on, but as the Maxim goes, Ignorance is no excuse. You can read more about the DSAR process on the Discovery Page.

Forensic Audit

Here we have a typical example of a security audit. This exposes all the agents involved, the amounts, the size of the tranche and the expiry dates. In a lot of cases, you will see “PAID OFF” instead of a date. 

If you are interested in reading a securitisation prospectus, click the link to see one for Mercedes Benz Bank. (yes, Mercedes are a bank, not a car manufacturer, they just happen to make cars 😉 It’s 180 pages, but well worth reading to help you see what you are dealing with.

To cut a long story short, the Forensic Audit has helped expose the following: I applied for finance, had it approved, JBR then pass the details onto Mercedes Benz/Damiler Bank (Via one of the agents like Unicredit Bank AG) who then pass it on to Silver Arrow S.A (via their Series 9 fund). This is all done via a trust and the Series 9 is now traded on the stock market. The bank (Mercedes Benz) will then make money on this and the agent bank will get paid out in full. Also, its worth remembering, Banks do not lend money any more. Your signature creates the credit, which makes you the most valuable part of that transaction, without you, they cant charge you twice. As you can see,  I have used the power of the audit to help uncover the Vehicle Finance Deception.

Threats, Legal & Backing Down​

After no real response to my DSAR. (JBR continue denying it’s been shared, even after receiving proof). I eventually received an email from JBR Capital’s compliance team. The email (below) stated there was no proof of debt. For me, this is what I was after. Without proof of debt, how can a debt exist (see maxims in law). My next step is to get the HPI removed from my vehicle. This way I can sell it and move on with my life. Again, a lot of emails from me and no response.

Out of the blue after a 6 week, I receive a call demanding that they be allowed to come and fetch “their vehicle”. Threatening to report the car as stolen to the police if I don’t hand it back. I responded with an email once again, asking for clarity, explaining that I was more than happy to settle/discharge any lawfully owned debt. 

From this point, I think it’s just easier to post the correspondence related to the vehicle finance deception. Below you can see what was uncovered by the forensic audit. It also includes the email where they passed it to their solicitors who then sent me an “offer”. All they wanted now, were the keys to the vehicle and were willing to write off the 15k that they had been asking for. 

They also made a claim that they had sent me a “termination notice on the 29th of January” which I did not receive. Next, they then doubled down on this claim by sending the notice below. What they forgot to do was change the metadata in the PDF. It turns out, they wrote the letter about 5 minutes before sending it to me, so after making the claim that they had sent it.A

Below you can see a paper trail of the events as they unfolded.

See below confirmation that there is no proof of debt. They even call it an alleged debt at this point. I did not request a copy of my credit agreement.

Here we have a screenshot of my response to them the evening after the last phone call. (Full PDF in the next box)

In response, I sent the following email after I was threatened with the police and theft – download PDF copy. Screenshot below proving they made the notice when sending (Timestamp in PDF above)

The screenshot below is from solicitors saying their client now wanted to settle. This was a major achievement, when just 2 days earlier, they were threatening with bankruptcy and Police for theft.

Journey to-date – copy of my response to the solicitors. I have once again stood my ground. The onus is on them to prove the claims that they have made, not for me to disprove them. I’ve once again made it clear all I want is proof of alleged debt.

Below you can see, they are now triple down on the fraudulent claim, by claiming it was an IT error. I’ve asked for a sworn affidavit confirming. Also, notice the language “my client is referred to as IT, not them or him.

Roughly a week of dealing with the solicitors, we are now in a position where JBR are now saying there is no money claim against me. So all the earlier threats were bullying tactics and an attempt to extort me. I asked the solicitor this, was ignored agian.

To be continued...

As it stands now, I have sent them a counter offer as requested. They declined this, so the next step is court unless something changes. 2 weeks on and I have still not received any court documents. After the first week, I sent JBR Capital a further notice explaining that they have made claims against me. A LTD Company cannot make claims or statements, so if we go to court, they need to present themselves. I have also sent the solicitor a DSAR asking what of my personal information and correspondence JBR Capital have shared with them, without my explicit consent. My account details fine. Personal communication is an absolute no.

I have asked them what they mean by “you are unlawfully in possession of our client’s Goods”. It’s not clear to me what they mean, as neither JBR Capital nor the solicitors have offered any proof of alleged debt. I have suggested that if they wish to retract the statement that they made saying “there is no proof debt” then they are well within their rights, but then we are back to the original issue – they still need to prove their is a debt, which to-date, they are unable to do. They also need to explain in detail, what the Forensic Audit uncovered.

As an aside, they have missed every single target they set. I responded generally the same day or the next one to every message I received. It generally went around a week without response and me chasing before I received one.