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.
The Consumer Credit Act 1974 governs all forms of consumer lending which includes pawnbroking. There are general Regulations made under the Act that affect consumer credit generally and include pawnbroking
Is your mortgage company or bank actually a "pawnbroker" with your note??
IS YOUR mortgage COMPANY OR BANK ACTUALLY A "PAWNBROKER" WITH YOUR NOTE??
action’s simulates Fla. Sta. 539.001 - The Florida Pawnbroking Act
READ THE DEFINITIONS. ......... ..
(2) Definitions (c) "Claimant" means a person who claims that his or her property was misappropriated.
(d) "Conveying customer" means a person who delivers property into the custody of a pawnbroker, either by pawn, sale, consignment, or trade.
2. (f) "Misappropriated" means stolen, embezzled, converted, or otherwise wrongfully appropriated against the will of the rightful owner.
(h) "Pawn" means any advancement of funds on the security of pledged goods on condition that the pledged goods are left in the possession of the pawnbroker for the duration of the pawn and may be redeemed by the pledgor on the terms and conditions contained in this section.
(i) "Pawnbroker" means any person who is engaged in the business of purchasing goods which includes consignment and trade.
(m) "Permitted vendor" means a vendor who furnishes a pawnbroker with an invoice specifying the vendor's name and address, the date of the sale, a description of the items sold, and the sales price, and who has an established place of business, or, in the case of a secondhand dealer as defined in s. 538.03, has represented in writing that such dealer has complied with all applicable recordkeeping, reporting, and retention requirements pertaining to goods sold or otherwise delivered to a pawnbroker.
(o) "Pledged goods" means tangible personal property that is deposited with, or otherwise delivered into the possession of a pawnbroker in connection with a pawn. "Pledged goods" does not include titles or any other form of written security in tangible property in lieu of actual physical possession, including, but not limited to, choses in action, securities, printed evidence of indebtedness, or certificates of title and other instruments evidencing title to separate items of property,
(p) "Pledgor" means an individual who delivers pledged goods into the possession of a pawnbroker in connection with a pawn.
(q) "Purchase" means the transfer and delivery of goods, by a person other than a permitted vendor, to a pawnbroker by acquisition for value, consignment, or trade for other goods.
(r) "Amount financed" is used interchangeably to mean the same as "amount of money advanced" or "principal amount".
(s) "Default date" means that date upon which the pledgor's right of redemption expires and absolute right, title, and interest in and to the pledged goods shall vest in and shall be deemed conveyed to the pawnbroker by operation of law.
(t) "Beneficial owner" means a person who does not have title to property but has rights in the property which are the normal incident of owning the property.
(u) "Operator" means a person who has charge of a corporation or company and has control of its business, or of its branch establishments, divisions, or departments, and who is vested with a certain amount of discretion and independent judgment.
By trade - I'm an IT engineer working in the housing sector.
Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.
No, that's the thing, it says "Florida" and makes a giant leap that if there are pawnbrokers in the US and the UK, then the same point of law will apply...
Apologies to people who I was in the process of helping, I may be gone some time.
The law WOULD be hugely and vastly different over there.
Its a different country!
Moreover, one that is well known for having a very different governmental policy than the UK and many other capitalist countries in the world.
Even if it was similar in that fashion, the posts you have made make no sense at all. What, exactly, is the point you are driving at with them? I cant make heads or tails of it.
7 years in retail customer service
Expertise in letting and rental law for 6 years
By trade - I'm an IT engineer working in the housing sector.
Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.
would the law be that hugely and vastly different over here?
YES.
should we just throw this in the bin, then, and not even consider the implications of this?
Up to you really, but the UK law is already complicated enough and intricate enough that trying to draw parallels between the 2 and see if it could somehow be tailored to here woud be a gigantic waste of time IMO, yes.
Apologies to people who I was in the process of helping, I may be gone some time.
Me too, but having seen other posts of the same ilk, I suspect it may end up being one of those "you don't actually owe any money" threads which have been popping all round the forum lately...
Apologies to people who I was in the process of helping, I may be gone some time.
You've been asked at least twice to clarify your point - are you going to rather than bite at other posters?
7 years in retail customer service
Expertise in letting and rental law for 6 years
By trade - I'm an IT engineer working in the housing sector.
Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.
Although banks make collateralised loans (money is lent against the value of property), they do not take ownership of the collateral (you don't let the bank hold on to your car until you pay off the loan).
Thats totally different - its not a contractual obligation to release these items to the lender, its a method of enforcement allowed by the courts in the case of a default judgement.
On that reasoning, any private individual who succeeds in county court is a pawnbroker.
Are we pawnbrokers for claiming back unfair charges?
7 years in retail customer service
Expertise in letting and rental law for 6 years
By trade - I'm an IT engineer working in the housing sector.
Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.
is that because we have hold of the item in question, and not the "pawn" broker?
Yes, as is the case with ANY debt.
no one is claiming back unfair charges. how is that point relevent?
no one on this forum is claiming back unfair charges....?
It was called an analogy. It indicates that basically you are saying that ANYONE who pursues a debt, be it a bank, or a private individual, is a pawn broker.
Not true.
7 years in retail customer service
Expertise in letting and rental law for 6 years
By trade - I'm an IT engineer working in the housing sector.
Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.
are banks pawnbrokers?
company or bank actually a "pawnbroker" with your note??
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Originally Posted by leeds1
