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.
However, the Trader has 28 days to Appeal this decision and the Traders licence is still in force until the Appeal process is completed.
Be minded consumers that the Appeal process can take months - so don't all take your cars out of hiding just yet......
There will be those of you who may be in the process of taking this trader to court or they may be taking you to court - whatever the position - the OFT are interested in seeing any documents that you may have..... including:
Bills of Sale
Consumer Credit Agreements
Default Notices
Termination Notices
Arrears Letters
Statements of Account
Arrears Letters
For those of you that may have taken the court route they will be interested to see:
Particulars of Claim by or against the Trader
Case Summaries
Synopsis of Issues
Counterclaims
Defence to any counterclaim etc etc.,
Any information you want to submit can be sent to:
Please make sure you put the following reference on each document to ensure it does not get 'lost':
"F.A.O: Julita Losowki/2N/17"
or for those of you who have details of another case manager within the OFT - send your information to them direct - ask them for their 'location' code so that your information gets to them safely.
Lastly: you must give the OFT written authority giving the OFT permission to use the information you send as evidence, please indicate this in your email that you send and the OFT will send you a 'authorisation' form for you to sign.
Additionally - If you are happy to give evidence in person at any future trial; then please let Julita or your case manager at the OFT know and they will ensure you are given details of the trial date well in advance - subject to space being available I'm sure....
Please act swiftly to ensure that the OFT can continue to have a full indication of what is happening for consumers on the ground as this is what empowers the OFT to take action!!!!!
I'm going through a problem with this company now and they want my car badly what do you reckon i should do hide the car and see what comes of this or give in to the useless waste of spaces and give them my car?
Hide it - then inform the OFT - they will request a copy of your BOS and write back to you to advise if it is valid or not.
If you get confirmation from the OFT that it is an invalid document - this will help you immensley.
Then get a copy of the registered docs from the HCJ (costs £5.00) details of what information you need to submit to them is on other posts I have done, but when you write to the HCJ - in your letter ask them if the documents have been correctly executed and if not, has any application been made to rectify the registration?
IF the response comes back announcing that neither of these things have ocurred - this then strengthens your case further.
I would then write to the trader and advise them that the Bill of Sale has been found by their regulatory and the HCJ to be an invalid document (if this should be found to be the case) always make sure you send a copy of any communication with the trader to the OFT and let the trader know that a copy of your findings has been sent to the OFT (always good practice to let them know that the OFT are informed of their activities)
IF any licensed 'bailiffs' come to your home - ask them for thier Credit Licence details - and note this - advise them that you will be informing the OFT that they have attended your property to possess a vehicle under a BoS that is unenforceable and if they persist you will be requesting that the OFT consider revocation of their licence and inform them that the OFT has already determined to revoke the licence of the trader they are 'working' on behalf. (they may make out that they are not aware of any such thing - let them know - that YOU are letting them know)
No matter what they say - no matter what the 'bailiff' does - (so long as your car is in hiding this is) at this stage - ask them to leave your premises and thank them for their information and let them know the matter WILL DEFINATELY be reported to the OFT.
When your report them - send them a copy of your letter to the OFT - so they know they have been reported.
If every consumer does this - there will be very few licenced 'bailiffs' who will want to act on behalf of LBL's
Anglian Uk are another kettle of fish altogether - as they are unlicensed as far as I am aware - with these - simply call the police - report them to crimestoppers, the SIA and the OFT - again if enough consumers do this - the Police and the SIA will have to take notice and take action.
If you are visited by Anglian - Call the police immediately citing a breach of the peace and trespass - When the police come - and Anglian show the police the phoney BoS - you will have ready the ammunition you need - a copy of the OFT's determination and any authoritive proof that you have had from the OFT and the HCJ - give copies to the police - and explain, that the 'bailiff' is not registered to collect debt and the document they are showing has been found by high authority to be invalid and as such they have no right to be on your premises and you would like to exercise your civil right to report them for trespass and acting in such a manner as to incite a breach of the peace. (Trooper68 will this be enough to get a crime number?)
Gosh - apologies for the length of this - my brain is on overload again - but I hope this is of use for you : )
Don't give in - you have rights - use them to your best effect : )
Hide it - then inform the OFT - they will request a copy of your BOS and write back to you to advise if it is valid or not.
If you get confirmation from the OFT that it is an invalid document - this will help you immensley.
Then get a copy of the registered docs from the HCJ (costs £5.00) details of what information you need to submit to them is on other posts I have done, but when you write to the HCJ - in your letter ask them if the documents have been correctly executed and if not, has any application been made to rectify the registration?
IF the response comes back announcing that neither of these things have ocurred - this then strengthens your case further.
I would then write to the trader and advise them that the Bill of Sale has been found by their regulatory and the HCJ to be an invalid document (if this should be found to be the case) always make sure you send a copy of any communication with the trader to the OFT and let the trader know that a copy of your findings has been sent to the OFT (always good practice to let them know that the OFT are informed of their activities)
IF any licensed 'bailiffs' come to your home - ask them for thier Credit Licence details - and note this - advise them that you will be informing the OFT that they have attended your property to possess a vehicle under a BoS that is unenforceable and if they persist you will be requesting that the OFT consider revocation of their licence and inform them that the OFT has already determined to revoke the licence of the trader they are 'working' on behalf. (they may make out that they are not aware of any such thing - let them know - that YOU are letting them know)
No matter what they say - no matter what the 'bailiff' does - (so long as your car is in hiding this is) at this stage - ask them to leave your premises and thank them for their information and let them know the matter WILL DEFINATELY be reported to the OFT.
When your report them - send them a copy of your letter to the OFT - so they know they have been reported.
If every consumer does this - there will be very few licenced 'bailiffs' who will want to act on behalf of LBL's
Anglian Uk are another kettle of fish altogether - as they are unlicensed as far as I am aware - with these - simply call the police - report them to crimestoppers, the SIA and the OFT - again if enough consumers do this - the Police and the SIA will have to take notice and take action.
If you are visited by Anglian - Call the police immediately citing a breach of the peace and trespass - When the police come - and Anglian show the police the phoney BoS - you will have ready the ammunition you need - a copy of the OFT's determination and any authoritive proof that you have had from the OFT and the HCJ - give copies to the police - and explain, that the 'bailiff' is not registered to collect debt and the document they are showing has been found by high authority to be invalid and as such they have no right to be on your premises and you would like to exercise your civil right to report them for trespass and acting in such a manner as to incite a breach of the peace. (Trooper68 will this be enough to get a crime number?)
Gosh - apologies for the length of this - my brain is on overload again - but I hope this is of use for you : )
Don't give in - you have rights - use them to your best effect : )
Thanks for your reply i am going to do exactly what you have said they wont find the car it is hidden somewhere miles away from the house! I'm not even going to use the car again jus not letting them win this battle Thanks again for your reply
If Julita's email address is no longer available (she must have been inundated) then I suggest submitting your info to the main enquiries email address at:
Do I presume people who are having problems with Log Book Loans, is because they have stopped paying them?
If you enter into a loan and you cant afford the repayments, why did you do it in the first place?
Thats called deception.
Yes the APR is high, but if you enter into a loan, you know the weekly payments, if you thought it was too high, why do it?
If they are wanting your car, its probally because you stopped paying them. If you agree to pay them every week, you pay them every week.
I know this may upset the "applecart" of general feelings, but ignorance is not a valid excuse.
Jim.
Well Jim,
I dont have a loan with LBL. I brought a car which LBL said was free from finance only to take my car 5 months later at 6:45am in morning witout warning!!
So clearly you have not entered a loan or dealt with LBL in anyway.
Out of curiosity Jim… what makes you take interest in this forum?
Do I presume people who are having problems with Log Book Loans, is because they have stopped paying them?
If you enter into a loan and you cant afford the repayments, why did you do it in the first place?
Thats called deception.
Yes the APR is high, but if you enter into a loan, you know the weekly payments, if you thought it was too high, why do it?
If they are wanting your car, its probally because you stopped paying them. If you agree to pay them every week, you pay them every week.
I know this may upset the "applecart" of general feelings, but ignorance is not a valid excuse.
Jim.
Hi Jim
You have made a valid points, but I do suggest that you read the forums before making blanket statements, the company you refer to act underhanded in thier methods, the post show that these people walk over innocent peoples rights under the delution that they are correct. They are not, on any grounds at all, be it the law or moral. They are the lowest denominater, sluggs if you will.
So before you go on forums and make statements look at the forums and read the posts. If you work for the said company, may i suggest you keep logging posts, this will only keep you amused for hours and stop you from your job, thus stopping you from speading more misery from claiming you own something thats not really yours.
People who have LBL’s and other such products who are in a position of non payment should be put in 2 categories. Firstly ,those who were mis sold a loan, didn’t have it explained correctly, have been unable to reach a negotiated agreement once in trouble and those who are being mis treated by these companies and are genuine victims.[/font]
The other is people who took out a loan, knowing it was secured on the car, they now realise they shouldn’t have done it
Mr Fix it has simplified the issue in many ways and is a little naive, but is correct in others and that doesn’t mean he works for the dark side, it’s just a legitimate question[/font]
No one to my knowledge comes on here before defaulting, just trying to avoid payment. Its not them who are the problem but the unreasonable responses of LBL & their agents when they do default such as demanding immediate payment in full or sums that the debtor has no hope of raising within the time demanded
& had you read ALL of the LBL threads you would have realized it & if you think we encourage members to NOT pay we don't .......... unless the creditor is treating them badly
Log Book Loans Licence Revoked by OFT!!!!
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Originally Posted by applecart
Thanks again for your reply
Did'nt fix it for me 