Log Book Loans - default notice and BoS

[mcuth]

Hi all

 

I'm about to launch a claim against LBL for the return of letter charges. Whilst I'm doing so, I thought I would add a request for the Judge to make a ruling on whether the agreement is an "extortionate credit bargain" (CCA1974), or alternatively if there's an unfair relationship (CCA2006).

 

I've also seen references to the agreement being unenforceable, and/or the Bill of Sale being incorrect.

 

Has anyone got any pointers to help me draft my PoC please?

 

TIA

 

Cheers

Michael

[mcuth]

Hi All

 

I'm in a bit of a time-sensitive pickle with this lot - leaving aside the daftness of getting involved in the first place (original loan was a while back, then it's been re-loaned a few times since I can never seem to completely pay them off), I've managed to get myself behind by a month. Whilst my car's not worth a lot, my plans to by a new car this month have been scuppered by a cloned debit card - otherwise I'd have just got a new cheap runabout and let them take the car.

 

Reading on here, I see that the Bill of Sale could well be invalid - I don't think their Default Notice is what's required either (let's leave aside the credit agreement at the moment!):

 

Default notice (which is for a different date of agreement - states 21st Aug 07 whereas the agreement was dated 20th Aug 07):

 

Now, reading the Bill of Sale, whilst it does have a lot of words in () it doesn't appear to have the mandatory form as laid out in the schedule of section 9 of the Bills of Sale Act (1878) Amendment Act 1882 (c.43) (here: Bills of Sale Act (1878) Amendment Act 1882 (c.43) - Statute Law Database).

 

It starts off with "This Bill of sale made this 20 August 2007" rather than "This Indenture made the day of ", and whilst the wording goes on, it's not the same as the form laid out (I can scan it in tonight if that'll help?)

 

It's also witnessed by the guy who gave me the loan, who has put his address as "Log Book Loans" - that doesn't seem to me to be an attestation by a witness not party to the bill

 

I'll be asking LBL to provide the sealed copy of the BoS as I can't afford £40 to do a search at the High Court (not to mention I'm pushed on time as the default notice expires on Tuesday next week!)

 

Question is, once I've determined that the BoS is invalid, what do I do then?

 

Cheers

Michael

[mcuth]

Ok, here's the Bill of Sale:

 

Page 1

 

Page 2

 

And here's the credit agreement:

 

Page 1

Page 2

 

Anyone offer any advice quickly please?

 

Thanks

 

Cheers

Michael

[mcuth]

Faxed LBL this morning, requesting a copy of the sealed BoS.

 

Cheers

Michael

[genipuss]

Hi Michael Just seen your post. First thing to do is hide the car. Second thing is to contact stephen solicitors in manchester xx

[mcuth]

Hi Michael Just seen your post. First thing to do is hide the car. Second thing is to contact stephen solicitors in manchester xx

 

Thanks for that Have done 2nd thing (though I think it might be a little late in the day) Am not sure about 1st thing - what do I do when they turn up to collect?

 

Cheers

Michael

[havinastella]

Apr 403.1%

 

Jesus H Christ

 

I thought my credit rating was bad

 

JOgs

[mcuth]

Faxed LBL this morning, requesting a copy of the sealed BoS.

 

Funnily enough, not received anything from them as yet....

 

Cheers

Michael

[daKlone]

Are you not already in default, according to your notice?

 

I wouldn't have thought the fact that you have requested a copy of the BoS will make any difference to the default date.

 

Did you talk to them about your circumstances and inform them that you may not be able to meet the demands of the default notice?

[mcuth]

Are you not already in default, according to your notice?

 

Yup, though I suspect that the notice doesn't comply with the requirements of the CCA.

 

I wouldn't have thought the fact that you have requested a copy of the BoS will make any difference to the default date.

 

That's not the aim at all - the aim is to check that the sealed BoS is valid and complies with the relevant legislation, since that's the object they rely upon to gain possession of the vehicle.

 

Did you talk to them about your circumstances and inform them that you may not be able to meet the demands of the default notice?

 

Nope - I don't think that would serve any point at all, I've had the old circular conversations with LBL many times before and now avoid speaking to them on the phone. In any event, I now have solicitors on the case investigating the legalities...

 

Cheers

Michael

[daKlone]

OK. Best of luck with it.

[mcuth]

Since posting earlier, I've opened today's post and LBL have sent the sealed copy of the BoS.....very interesting.

 

To add to my doubts over the validity in terms of the attestation & wording, the seal states that it was sealed by the Supreme Court on..... 30th August 2007, some 10 days after the BoS was made & signed - s8 Bills of Sale Act (1878) Amendment Act 1882 (c.43) states:

 

8.Every bill of sale shall be duly attested, and shall be registered under the principal Act within seven clear days after the execution thereof, or if it is executed in any place out of England then within seven clear days after the time at which it would in the ordinary course of post arrive in England if posted immediately after the execution thereof; and shall truly set forth the consideration for which it was given; otherwise such bill of sale shall be void in respect of the personal chattels comprised therein.

 

Bingo, methinks!

 

Also got the solicitor's instructions pack

 

Cheers

Michael