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PublicDefender

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  1. Have they issued a Default Notice yet? if not then hand the car back to them and it will clear the debit, they have to accept thats it in the CCA code of conduct. Okay you lose your car but you have no debt and its not going to get any worse especially if the job front is not getting any better
  2. Have you seen the Adverts? Have you read the small print? There just a front for Loans 2 Go, they only recommend loans for 2 companies Loans 2 Go and Log Book Loans both companies are owned by the same company. Seems anyone can set themselves up as a broker, there website(S) yes there are several all point to these 2 companies I am sure they could be done for false advertising saying they will find the best loan for you when they only recommend these 2 companies. Dont be fooled, stay clear
  3. Stay away, no matter how high the intrest seems on your current lending its going to be less than a Log book loan, only loans that are higher is payday lenders
  4. They can apply charges if they are have outline them at the start of the agreement, I would ask them to prove they have sent the letters, msg, calls they are charging for - no proof - no charge is what i say, also the late payment charge should only be applicable once per month, not onc every 7 days, unless your agreement is a weekly payment plan not monthly - If they wont budge contact the financial obudsman
  5. You could try and surrender the car and full and final settlement, to do that you need to hand the key to the loan company, its upto them then to try and get the car back, problem is the garage may then take you to court for the outstanding bill, also the loan company may not let you surrender the car as its broken but you have a good chance, speak to the CCTA if the loan company is a member, also see my other post against yours - good luck
  6. It is very unscruperlous (I know I cant spell) for them to try and repo the car from a Garage. As I understand it and I am nowhere near 100% on this. If its secured on a BOS the repo guys can repo it from anywhere they can, this includes entering your property to do so, that being said the Garage is not your property and in doing so they would be trespassing against the Garage if they gained access. Now the S87 should be issued before any action can be taken to recover the car, it gives you 14 days to settle the outstanding amount, then they should terminate and give you 7 days to pay the account in full. Problem is if they are prepared to break the rules to get the car then your going to be landed with the legal costs of fighting it. The garage has a duty of care to look after the car while its in there possession, that includes not handing it over to a 3rd party but be warned, in siging a BOS you have signed over ownership to the loan company while the loan is outstanding so your not the legal owner
  7. Correction, they cannot be inluded in an IVA but I am unsure about a DRO, that may be possible but DRO have very critical conditions, one being if memory serves the value of a car being less that £1000, you need a better man than me to figure that one out
  8. No they cant, they are secured debts and as such cannot be included
  9. Thats right, court order not needed, as soon as they terminate the agreement due to a breech in the T&Cs then they could send a chimp to take the car. On another point to the guy who did not sign a Bill of Sale, your quids in, the loan cannot be enforced by possession of the car. For the BOS to enforceable they need to have had it signed by you, witnessed by the person who saw you sign it and then witnessed again by a solicitor, it then needs to be registered at the high court withing 7 days. There also needs to be a HPI finance registration, dont count on the cheapo alternatives always check with HPI
  10. If the logbook loan company has done their job they should have registered a financial interest within 24 hours of you signing the loan, if not then you have grounds to get the contract voided, difficult and costly. If you apply for a new V5 they would not be aware of it however if you then sold it a keeper change would be flagged and the loan company would know its been sold. They at that time can do two things, if the loans being paid they may elect to do nothing or they could repo the car. If the loan is not being paid then they will repo the car.
  11. Did the car sell for more than you owe? if yes then they owe you the different, if not then you still own them the difference.
  12. The debt is with the original person who took the loan out on the car so the debt remains with them but a BOS effectivly transfers ownership to the loan company.
  13. Sorry but they are correct, they charges should have been explained to you at the start, dispute them and take the matter up with the CCTA and Financial Obudsman
  14. The loan company can ask for the car back but if they are a member of the CCTA they should treat the new owner sympathticly but thats open to interpretation. Legally the car is owned by the loan compay so you dont have much of a leg to stand on. The plus side is that the debt is not yours so if the car should disapear into a lock up and accidently fall appart and parts appear on a well known auction site then whos going to find out.
  15. The loan remains secured even if the car disapears, it cannot be added to a debt managment plan. Be aware the company can apply to the courts to get a charging order against you if you own your own house or an attachment of earnings.
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