Jump to content


  • Tweets

  • Posts

    • It's Hotpoint (but I believe they're part of the Whirlpool group now?). The part was bought direct from them as a consumer.
    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J    email text I'm sending to Evri's small claims in answer to their recent defence response:  
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
        • Thanks
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Logbook loan by previous keeper - repossesion


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2324 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

On 25th March 2016 I purchased a van to be used for my business.

 

I carried out an online HPI check before agreeing a deal which was clear of finance.

 

Unfortunately this was on my phone at the time and no longer have a trace of it as it was 20 months ago.

 

I paid £5000 cash and received the log book on the day of sale.

 

Today I had a note posted at my home address from a bailiff company.

 

On ringing their office they informed me they had attended to reposses the vehicle.

They told me to ring another company called Varooma to whom explained the situation and have now sent a new keeper questionnaire to them detailing the sale.

 

They have said that I will be liable to pay the debt owed or the van will still be repossessed

 

however at this stage have not told me what the amount is.

They said there will be a meeting with a manager tomorrow and they will then inform me.

 

Problem is this vehicle is my lively hood but will also affect the jobs of 3 other staff if this vehicle is taken away.

 

Any help or ideas would be appreciated.

 

I have also now got the Bill of sale registration number which I will check with the high court that it is valid.

Link to post
Share on other sites

Log book loans or bill of sale loans have to be registered as finance. If you have done a hpi check and it didn't come to light then they have not registered the finance so I un enforceable and you will be covered by the hpi guarantee.

 

 

From another site.

 

Used car buyers can get protection from the HPI Check guarantee http://www.hpicheck.com Last night's episode of Watchdog highlights the issue of outstanding finance and the risks used car buyers face from unscrupulous sellers, warns HPI.

 

The BBC report featured a man who bought a Vauxhall Omega, which went missing. He called the police only to find it had been legally taken by the finance company and he had to pay £1,500 to get it back.

 

An investigation revealed the car had a Bill of Sale agreement (often called 'a logbook loan') registered against it, which meant it had been used as security for a loan leaving the buyer vulnerable to being left out of pocket.

 

'Logbook loans' are a type of finance often accessed by people that struggle to obtain finance through conventional channels. They are normally secured against a vehicle and have become increasingly popular over the last couple of years as the economy restricts the amount of lending available. The Watchdog feature raised awareness of an old law called the 'Bill of Sale', which was itself the topic of a Government review during 2010, the results of which lead to the trade body, the Consumer Credit Trade Association (CCTA) to introduce a Code of Practice offering consumers a range of additional benefits not previously available, including the requirement to register the loan with a company such as HPI.

 

However, Watchdog pointed out very forceflly that this requirement is not mandatory and some 'logbook lenders' still do not register such loans.

 

"In the wake of the recession there has been an increase in the number of logbook loan style finance agreements bring taken out, as people find it difficult to get traditional finance deals from the bank," says Nicola Johnson, Consumer Services Manager of HPI. "The two stories on Watchdog show the risks associated with buying a used car that is still on finance, particularly a Bill of Sale style agreement.

 

However, an HPI Check still offers buyers one of the best forms of protection from falling foul of this type of agreement. "HPI has access to a comprehensive list of outstanding finance deals, so the chances are that an HPI Check will uncover a logbook loan. We were the first to provide a check that categorises these agreements as 'Bill of Sale'.

 

If a customer conducts an HPI Check, follows HPI's buying guidance, but subsequently finds that the vehicle is subject to a 'Bill of Sale' agreement that was not flagged, the buyer will be protected by the HPI guarantee, which provides financial reimbursement of up to £30,000 (subject to terms and conditions, see http://www.hpicheck.com for details).

 

Johnson concludes, "Outstanding finance including logbook loans continues to be a major issue for used car buyers, but the HPI Check offers the best protection and is the most likely way to uncover a logbook loan prior to purchase."

Link to post
Share on other sites

you sure it was a BAILIFF

I bet not.

 

simply a repo company.

 

They must have and show you the BOS.

They do not need a court order

 

Unless (very rare) the BOS is linked to an hp agreement

 

Your redress would be to claim from the seller or

 

Keep the car locked away and negotiate with the LBL co

 

where is the car kept?

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... 

Link to post
Share on other sites

Possibly yes just a repo co.

 

I'm expecting them at our workplace tomoro as they won't put the matter on hold. The van is has a different reg plate on it so hope this will sway them and although it needs to be at our premises for loading several times a day we will try and keep it away as much as possible until we can deal with the matter properly.

I still have contact details for the seller and have spoke to him on the phone today. He is apparently going to speak with the logbook loan company tomoro.

Link to post
Share on other sites

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... 

Link to post
Share on other sites

What is the situation if I have had several thousand pounds worth of work on the vehicle.

 

It is a hot and cold sandwich van and I have spent over £3000 on new ovens and fridges and inverters ECT.

 

Legally I own these so how does this affect the situation of a repossesion.

Link to post
Share on other sites

you remove them.

 

where is the vehicle parked.

 

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... 

Link to post
Share on other sites

It's taken home each day by a member of staff. It comes to our premises in the morning to be loaded and is then off on it's rounds. Comes back twice to reload for 10 mins then is taken home again at end of day by staff

Link to post
Share on other sites

then its at risk whilst on the public road.

 

but as its on a differing reg plate

that could make things interesting.

 

theres no harm in calling the police into this if they do try something.

 

it will only delay things as its a civil matter

but it might well make the repo guy think twice.

 

some can be very reasonable esp if you have the evidence to hand

and show you are attempting [to in a way do LBL's job] in finding and chasing the original debtor.

esp again as this is now a business vehicle too.

 

i'm not aware you could take a LBL out against a business vehicle [go check]

see where i'm going here....

 

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... 

Link to post
Share on other sites

oh and you don't let the repo guy anywhere near the motor to check VIN or engine numbers or anything

they ARE NOT BAILIFFS

they have NO POWERS TO DO THAT

 

and have

ZERO LEGAL POWERS.

 

that's why I say involve the police if you have too.

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... 

Link to post
Share on other sites

If they HPI the vehicle with the new plate then it will bring up the original plate on the results and they will then know it's the same vehicle. I will see Whether seller rings loan co tomoro as he has stated he will.....and see what they say regarding moving forward

Link to post
Share on other sites

But the company that did the search for you will.

 

Get busy on the phone and just ask them.

 

You will also have a record via your bank statement for the fee they charged so you will know who and when by that and that will get them scrambling for their tin hats if they got it wrong.

 

However, there is a trick that some people do,

they know you are interested and about to make a visit to view.

 

they then apply for instant credit from Varooma or whoever and by the time you buy the van they have got the loan so walk off with 2 lots of money and you owe the finance co 1 van..

 

Difference between a saturday morning and the afternoon.

 

Wont pop up on the HPI check untl monday afternoon.

 

I appreciate the reply.

 

However I have no record of the HPI.

 

It was all good at the time and was deleted from my phone some time later.

 

I can't even remember the company I used.

Link to post
Share on other sites

Two options really, negotiate hard with Varooma to get as low a settlement figure as possible

 

Bring as much pressure as possible on the person who sold Varooma,s van

and issue claim against them for your losses, especially if they own a property or are in regular employment

 

As regards hpi, protection would depend on whether it was a full genuine hpi check

or just a cheaply imitation

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.

Link to post
Share on other sites

UPDATE

 

After pressuring the seller of the van on the phone it turns out he values his knee caps higher than his wallet.

 

He has paid the outstanding balance of £3874 to Varooma and the issue is now resolved.

 

One question I now have is

 

I've been told that for the past 18 months I have not been the owner of the vehicle as varooma owned it.

 

Would this has rendered my insurance cover void had I have had to make a claim?

Link to post
Share on other sites

no

 

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... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...