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ACF/TFC BOS HP Agreement - illegal? repo- now cabot Chasing HP shortfall


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you indicate in earlier posts the BOS WAS registered with the court within 7 fays?

 

now i'm not too sure there WAS a valid DN ?

 

in existence??

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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As far as I can see

 

BOS valid

DN valid

 

If Cabot do obtain agreement

 

Formal Complaint will be the way forward

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Yeah

 

After what DX said I was looking through what constitutes a valid DN and couldn't find anything wrong to be fair. Other than information sheets missing which I left out of the scans to save time.

 

Other than the charges I don't think there is anything else I can complain about? Fingers crossed now hoping the CCA never appears....

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  • 5 months later...

Bills of Sale are notoriously difficult to get right.

The TFC version has a huge defect which is a consequence I think of how they were set up with ACF providing the car and it does not sit well at all with the legislation or case law.

It would need litigation to resolve whether it invalidates the BOS.

 

I do often notice people claiming that BOS filed with Court out-of-time invalidates it.

The later BOS Act allows for out-of-time filing and specifically states that if it is accepted by the Court then it is valid.

These claims are bound to fail if the BOS was registered and accepted by the Court.

 

Easier claims relate to the BOS not being in the correct form and not being properly signed and independently witnessed.

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They don't have to be Ind witnessed

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Oh, they do.

Although confusion over who counts as independent.

 

 

Case law says employee of company can witness in their own personal capacity.

 

 

Advice I used to give was

(i) salesman on the deal is likely NOT independent even if signing in own capacity; and

(ii) if employee needs to witness make sure they give their home address and not business address to reinforce independence.

 

 

As usual with BOS it is clouded with uncertainty.

If (i) or (ii) are breached then BOS may be invalid.

Probably would win at FOS if that was pleaded.

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  • 4 weeks later...

dx is correct, whilst it may be good practice, there is no statutory requirement for an independent witness

 

Case law is quite clear, anyone thinking that the witness issue challenge is "easier " should read and study the conclusions of the2011 landmark case of Logbook Loans v OFT .

 

One of which was the

requirement for a witness to be "credible" meant no more than "competent", and did not require the witness to be "independent".

 

 

It was acknowledged by Parliament and the Courts at the time that even a wholly independent witness would not protect a borrower against factors such as economic pressures , lack of understanding of the transaction, or rushing into a transaction

 

As regards the FOS it is not within their remit to judge the legality of a document in isolation

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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  • dx100uk changed the title to ACF/TFC BOS HP Agreement - illegal? repo- now cabot Chasing HP shortfall
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