Legal levy or illegal levy ??

[madmax1973]

Hi,

Can you please tell me how or what i would need to see to make a levy on my car legal.

After receiving the Subject Access Request back, i read that there was a levy made on my car. It was on the driveway when the HCEO made his first visit. No entry into the house was made nor anything signed. I have never seen any paperwork relating to this except on the Subject Access Request.

How long is it valid ? ( if valid at all )

Thankyou

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[WWOW]

If the car is yours and it's not subject to finance then the levy could well be valid. Some will say it needs your signature. Seek further advice.

The debt must be more than £600 to be transferred up and enforced by an HCEO. If you can satisfy that your case could have been handled in the original court, then you can contend the claim is vexatious and you can ask for the fees back on the basis the transfer up was solely to obtain higher enforcement fees than they would otherwise have made.

I don't think there's an end date on a levy, but some types of debt must be satisfied within a time limit, e.g. Child Support Agency bailiffs have 90 days.

If you don't have a copy of the levy then make you car safe or put some finance on it with logbook loans.

[kermit2482]

Originally Posted by WWOW

If you don't have a copy of the levy then make you car safe or put some finance on it with logbook loans.

Sorry WWOW your advice is nearly always spot on but to advise someone to put finance on a vehicle with log book loans, i find this to be totally ourageous, you only have to look around this forum to see all the problems with such companies and you advise this, IM SHOCKED :o

And for what to try and avoid paying otherwise amounts to evading distraint!!!!

[WWOW]

If theres no valid levy, he can dispose of his car in a manner he sees fit.

[kermit2482]

Originally Posted by WWOW

If theres no valid levy, he can dispose of his car in a manner he sees fit.

I agree but lets be honest here LOG BOOK sharks are exactly that and surely this is not the best advice to be giving on this forum. Just my opinion though of course

[WWOW]

Logbook loans might have a reputation, but they hold a Cat A and C consumer credit license so you cannot describe them to be a 'shark'. There is plenty of recourse if a consumer is defrauded by logbook loans.

It provides a good way to dispose of vehicles quickly and cheaply.

[JonCris]

WWOW whilst an admirer I have to agree with Kermit to involve LBL would be a unmitigated disaster as apart from their extortinate rates any recourse sought against LBL will be fraught with problems as they certainly don't play by the rules

[kermit2482]

Originally Posted by WWOW

Logbook loans might have a reputation, but they hold a Cat A and C consumer credit license so you cannot describe them to be a 'shark'. There is plenty of recourse if a consumer is defrauded by logbook loans.

It provides a good way to dispose of vehicles quickly and cheaply.

So let me get this right your advising the post er to get in to debt to avoid a debt?????

edited by myself as i thought the last sentence may have been uncalled for

[WWOW]

Officially LBL is bona fide and can legitimately trade in consumer credit according to the Consumer Credit Act. It cannot be considered a shark or to be trading in unlicensed consumer credit.

This is nothing about avoiding liability for a debt. Anyone is at liberty to dispose of their goods provided they are the lawful owner.

Funnily enough I just visited LBL's website and my firewall went completely nuts saying the website is trying to download a virus. Maybe I misjudged them.

[JonCris]

no one claims they are but if that's all you know about them then I think you should do some research before suggesting them as a solution for anything to other members........... frying pan into fire comes to mind

[WWOW]

You are indicating Logbook Loans are fraughts with problems and doing business with them would be an unmitigated disaster. On what do you base that assertion?

[kermit2482]

Originally Posted by WWOW

You are indicating Logbook Loans are fraughts with problems and doing business with them would be an unmitigated disaster. On what do you base that assertion?

I have seen many threads on this forum which might suggest to people that this company could possibly be less than desirable, But of course thats each individuals choice, enough said dont you think!!

[morteee]

with the greatest of respect the OFT allow most DCA's to operate a credit licence and look at the way they treat people not only breaking industry guidelines but the law also!

I dont think getting into debt with a company such as LBL who have a terrible reputation and also charge very steep interest rates is a good idea in my opinion

I would suggest if you do owe the money to at least try negotiating with the Baliff first however we do need more info about what the baliff is levvying for

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[kermit2482]

Originally Posted by morteee

with the greatest of respect the OFT allow most DCA's to operate a credit licence and look at the way they treat people not only breaking industry guidelines but the law also!

I dont think getting into debt with a company such as LBL who have a terrible reputation and also charge very steep interest rates is a good idea in my opinion

I would suggest if you do owe the money to at least try negotiating with the Baliff first however we do need more info about what the baliff is levvying for

I could not have put it better myself

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[morteee]

click dem scales then

[JonCris]

WWOW I have PM'd you

Considering you have just overcome a load of previous grief & unless you want a load more I suggest you steer well clear of LBL

[JonCris]

WWOW Forgot to say I notice from your post you quote the CCA 1974.

The 74 act does not apply to these agreements. They are based on bills of sale (Property Act) much like a pawnbroker. As soon as the BOS is registered (within 7 days of signing) they have clear title to the vehicle which they can enforce at any time without further recourse to the courts

[madmax1973]

As much as i love the arguments for and against LBL, i have no intentions to get into more debt !this is not the path for me !

The funny thing is, the car is only worth £100 and the debt was for £1800. There is no loss to me if they take the car. It has no MOT or Tax. The car i actually drive is in a different name now, They never spotted that one on the day they came round ! ( me not stupid !! )

All i was asking was, do i need official paperwork as proof that the car has been levyed or not ?!

The HCEOs warrent has also expired, they simply have a "run on" to collect, does this change any rules of what they are allowed to do in the eyes of the law ?