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theoldrouge

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theoldrouge last won the day on November 12 2016

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  1. Just as expected You can now flesh everything out at the FOS using you own words For the record, for anyone finding this thread helpful who are the LBL Co involved?
  2. Loan Ref; xxxxxxxx Regard this as a Formal Complaint in relation to irresponsible lending, Unlawful charges, Car repossession, dealing with financial and mental difficulty in relation to the above referenced account . I bring to your attention that you have irresponsibly lent to me because you did not do appropriate checks. The charges that you have applied to the account are unfair and unreasonable in total you have added £884 in total charges to a loan of £1000. There are charges on the account that are not specified at pre contract stage and are excessive of reasonable costs. I also demand that you investigate the behaviour and practices of xxxxxxxx the third party company instructed with repossession of the vehicle, The agent knocked on neighbours doors to see if I was at home, demanded payment without proof of bill of sale, alleged attempted assault and refused to accept payment as his Manager clearly just wanted the car, removing the vehicle with no notification and no opportunity to remove personal belongings. Despite advising you of financial difficulty/unemployment/severe anxiety/stress/pregnancy/partially deaf. You did not treat me fairly and appropriately and carried on with recovery of debt in total breach of PRIN 6 You ignored messages of offering payments and asking what was happening with the account. I did advise you I was partially deaf and you kept on trying to call me as opposed to email/message. Due to the above I demand that you reverse/credit all charges and interest to the account and revert to the financial position before the loan transaction took place. I also demand substantial compensation for the unfair treatment I have received ,in breach of the guidelines, by yourselves, contained within both CONC, and the CCTA code of practice. Should you chose to reject my Complaint, then I will not hesitate to forward the entire matter to the office of the Financial Ombudsman Service. I look forward to your early, positive response.
  3. Yes, include everything after reading the links as advised but be very concise, don’t waffle they will reject it all anyway you flesh it out at the FOS
  4. Sadly once a valid dn has been issued and expired and not been remedied they can and will lift off a private drive, provided no damage is caused to the private property Annoyingly the Government decided to reject the Law Commissions findings regarding LBLs which leaves the DN as your only protection However, the FOS has beefed up its attitude to LBLs (been lent on imo) (see the link in the sticky, and read the sample case study) So your plan of action is Send a SAR to gather all the required information Read the FOS link and the CCTA guide from 4.7 onwards Compile a Formal Complaint Post it up prior to submission IMO you have a strong affordability case, and just look at the outcome in the FOS case study!!!
  5. I would send a SAR to both the broker and Moneybarn You are going to have to gather all the evidence that you can to be successful at the FOS if Moneybarn refuse to play ball
  6. Illegal? No, Corrupt? No, In breach of PRIN and the CCTA code? Possibly, dependant on your correspondence and arrangements with them - send a SAR What people have to realise is once you sign a BOS the car is no longer yours You have permission to use it whilst you comply with the loan agreement Your protection is the Default Notice should you get into arrears It is prior to or on receipt of this that you need to converse with the lender don't ignore it
  7. What was the exact agreement total? How much to the penny have you paid including any deposit ( or px allowance as deposit ) plus any extra payments you may have made? The number of monthly payments made is immaterial it's the total paid that matters
  8. Before you dismiss bringing a Formal Complaint .... I suggest you read this link from the FOS It requires time and effort to do your research but the financial reward can be substantial , not to mention putting you in a strong position for negotiation https://www.financial-ombudsman.org.uk/businesses/complaints-deal/consumer-credit/logbook-loans
  9. You say the dn was issued in August, so you received a copy then? Have CCP sent a final response to any of your complaints inviting you to go to the FOS?
  10. They can't refuse your SAR request In order to repossess their car if they have a signed, stamped and registered bos plus a valid expired dn that is all they need You really need to negotiate a settlement or consider a time order , yes If the negotiating is via a professional debt advisor they must allow 30 days for the negotiation
  11. Absolutely the right way to go Yes it hurts to pay them more But an irl claim will likely get this back and a lot more You have reduced the interest rate on your loan, saved the cost and worry of a time order, and can now relax over your car Just remember you are now in control, the same can be achieved with all such creditors /dca's with time and effort Well done on getting this far
  12. They have made an offer Remind them in no uncertain terms that under CONC they are responsible for the conduct of their agents , (research and quote this) and negotiate a payment plan of their offer As dx says we really need all the details to understand the full picture
  13. The ideal would be a negotiated discounted settlement The cards in your hand are that you would most certainly win an irl complaint via the fos And the behaviour of Burlington Im not so certain that you would win on unfair treatment given that for a LBL company they have been pretty accommodating for the best part of a year If they don't agree to negotiate on a monthly payment of the 1500 then straight off to the fos Only if things get dicey consider a time order due to your other debt a t/o could get messy
  14. You have several grounds for complaints But getting a bos struck out once registered with the high court is of the upmost difficulty You would need either a very experienced pro bono or very deep pockets If you lost you are liable for the lenders costs Impossible to do yourself
  15. Yes you are going to have to put payplan in the picture Agree with dx that they are unlikely to try anything then whilst the matter is being addressed On the bright side here is an outcome of a complaint to the fos that may interest you https://www.financial-ombudsman.org.uk/decisions-case-studies/case-studies/my-lender-has-said-itll-take-my-car-because-i-cant-afford-to-repay-my-logbook-loan
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