Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
My car which has a lbl was clamped on thurs and taken yesterday, due to having no valid tax disc. I've defaulted on the lbl and they were threatening to come & take car anyway. What i need to know is that if the loan is secured on the car only, and i no longer have it, what happens to the loan. Sorry if this sounds a bit jumbled, the last couple of days have been very stressfull. Do i contact lbl and tell them or wait for them to show up. Thanks any advice would be grateful
How Was It Clamped
If In The Street, Thats Prob Dvla
Was It In A Car Park, If So, They Have No Claim As It Has A Security By Bill Of Sale From Log Book Loans
Demand Its Return
If Dvla Did It, And It Was On The Road
Give Lbl The Bad News
Heart Bleeds
Hi thanks for replying, yes it was dvla as it had a dvla information leaflet stuck to windscreen. It wasnt on the road as such but in the parking bays that go with the cul de sac that i live in. My heads been all over the place the last few days. I dread having to phone lbl & tell them. What happens to the loan of £850 that i took out last nov. I've paid them over £400 to date, will they chase me for the balance.
What are you going to do with your car that was removed?
If you plan to get it back, then you will still own it and LBL will still have a claim over it.
If you plan to let DVLA scrap it, then you no longer have the vehicle and i cannot see how LBL can chase you for payments, seeing as the only thing they can take from you (other than the money you offer to pay) is the car itself.
If you are not going to get the car back from DVLA, make the call to LBL and tell them to go F*** themselves!!! If you cannot bring yourself to do it... ILL DO IT FOR YOU GLADLY, and no doubt countless others here will do it too.
Hi,
The bill of sale is the security LBL have for their debt, you still owe the money but they cannot use their tactic to bully you by taking the car as someone else has taken the car. I suggest you write to LBL and keep a copy of your letter telling them what has happened, it is then up to them to try and enforce their security. They can pursue you if you default on the loan but if you do not have the car or the money then they will struggle to get anywhere.
Hi again, the clampers want nearly £400 to release car, that includes storage costs, money i'm afraid i don't have. Twice i picked up the phone to call lbl but chickened out. I'll email them tomorrow giving contact info for clampers. I sat this afternoon and actually laughed at my situation, no i'm not mad. Even i could see the funny side, just hope lbl see the funny side too.
Right i've done it, i've emailed lbl to let them know that the car has been seized. I also told them the vehicle pound that the car was taken to should they wish to claim it. No doubt i'll be bombarded with phone calls tomorrow over it. Whats the best way to deal with them. Anyone got any tips cos i think things may turn nasty. They won't send anyone round will they?
Right i've done it, i've emailed lbl to let them know that the car has been seized. I also told them the vehicle pound that the car was taken to should they wish to claim it. No doubt i'll be bombarded with phone calls tomorrow over it. Whats the best way to deal with them. Anyone got any tips cos i think things may turn nasty. They won't send anyone round will they?
Right first off, sit down and pour yourself a nice hot cup of earl grey! AND STOP PANICING!! LOL
You have a loan secured on your VEHICLE. And only your vehicle. They might well send someone round to your house (if they are stupid, as you've already told them the car has gone), but all they would be able to take would be your VEHICLE. Not your nice shiny new 52" Plasma or the Hot Tub you just had installed in your 200ft garden.
So if someone DOES come round to your house im pretty sure the conversation would go something like this:
LBL: Hello wheres your car
YOU: Dunno DVLA have reposessed it, go to them and ask for it.
LBL: Oh, ok!
Then calmly but firmly slam the door in their face (you can use the odd expletive if you are so inclined).
They will probably try and tell you that they have the right to break into your home and remove all that you own, including your dog, wardrobe of designer versace, and your Rembrandt hanging on your wall, but they do NOT. You signed an agreement (which is probably void anyway) giving them the right to your CAR only if you default on payments.
You still have not stated what you intend to do with the car?
If you are going to let DVLA scrap it, i would laugh all the way to the bank as there would simply be no vehicle to "levy" against.
Just let LBL deal direct with DVLA along the grounds of "Sorry lbl, you say im not the legal owner of the vehicle, and that YOU (lbl) are.... so you deal with DVLA direct".
Hi,
The bill of sale is the security LBL have for their debt, you still owe the money but they cannot use their tactic to bully you by taking the car as someone else has taken the car. I suggest you write to LBL and keep a copy of your letter telling them what has happened, it is then up to them to try and enforce their security. They can pursue you if you default on the loan but if you do not have the car or the money then they will struggle to get anywhere.
I 100% agree.
1). the OP does not have the car anymore...
2). LBL are only allowed to take the car if the OP fails to pay...
3). If LBL asks the OP for payments which he/she does not have they can only take the car, NOTHING ELSE
4). See item 1.
I would agree that the OP should simply go back to LBL and ask them to deal direct with DVLA. See how far they get with that.
I would have loved to have kept the car, but can't afford to keep it i.e petrol, insurance. It really pains me to think it may be crushed as there were no faults with it & it was a classic. It was my hubbys pride & joy before he signed it over to me. The long & short of it is that i can't pay the clampers what they want to release car. I haven't heard anything from lbl as yet, not sure how quickly they respond to emails. No doubt it will be this afternoon when the s**t hits the fan as they say, that the calls will begin. Lbl will most likely think that this is all deliberate to avoid paying them. I can assure you this hasn't been the case, having your car clamped & taken with all the neighbours watching & smirking at your plight is not funny.
OK its unfortunate that you are losing your car, but you have accepted it which is good.
Now the thing you have to understand is this.... YOU DIDNT ACTUALLY OWN THE CAR... LBL DID!
So when they contact you saying wheres the f***ing car or words to that effect, simply tell them DVLA has it and as you (lbl) were the rightful owner, you (lbl) should contact the DVLA and sort this out.
And if they get the car back from the DVLA then they have their asset (your car) and should leave you alone. If they dont get it back then they have lost their assset (your car) and can only come after you for what the loan was secured on... YOUR CAR..... WHICH YOU DONT HAVE....
If you can get over losing your car, i would get out a nice big fat cigar, pour a nice glass of bolly, and toast to the fact that yep... you've lost the car, but with the money you have saved paying LBL back and the money you have saved not paying the thieving bastar*s that are clampers, you can get yourself another little runaround and still be quids in!
UKD.
PS i would also advise LBL when they call, to NOT call you again, but to put everything in writing. and hang up.
Have phoned the car pound today and informed them of the situation, they need lbl to contact them, with regards to claiming ownership. 2 emails have been sent to lbl letting them know whats happened & where car is. I haven't been contacted by lbl as yet.
I've just received email from LBL to say that they cant find car or loan agreement on system. After checking paperwork its a company called Danesmead trading as LBL, according to the most recent letter received, they claim they've wrote to me on many occasions ( not true ) & that there's over £400 in default charges.
you dont want them to phone. if they email you have a record of it. if they phone they will deny even talking to you if its not in their interest.
The short of it is, if they want your car let them go after it. If they dont go after it and it gets crushed, its not your fault its theirs for not protecting their asset.
Have just spoken to the vehicle pound who confirm that lbl are in the process of claiming the car. Does anyone know whats likely to happen next, with regards to the loan? No doubt they will sell it cheap as chips & charge me for them releasing car. The car was easily worth between £2k to £3k.
Does anyone know if you can access a bill of sale online. I've just spoken to the courts, they don't give out any info over the phone but are willing for a £40 fee to send one out (thats if there is one)