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    • yes you can: https://www.gov.uk/universal-credit/other-financial-support
    • thats the point of a LBL!!…. they DONT need any court approvement to enforce it..   as long as the bill of sale has been correctly registered  there is quite frankly stuff and all you can do to prevent losing your car. http://www.consumeractiongroup.co.uk/forum/showthread.php?452164-Log-Book-Loan-Guidance&p=4791345#post4791345 from my notes. [prob same as above! >>>>>>>>>>>>>>>>>> logbook loan repossessions are not always legal,  . if linked to a CCA agreement or if the BOS has not been registered with the high court. . If BOS registered then yes they can reposses,  but have to show registration and debt details. Registration  A bill of sale can only be enforced if it was properly registered.  Since this is an expensive and difficult process,  it is rare that this actually happens.  However, failure to register the bill of sale renders it void,  and so renders any security on goods void. .  Consequently, before allowing any creditor to gain possession of your goods,  ask to see a registered copy of the bill showing the supreme courts seal. .  You can also call the national debt line, and ask them how to search the registry yourself. .  Also a valid DN must be issued. . If linked to a CCA then can not reposses if on private property without a court order  ( but can if on public road and under a third has only been paid ). . Over a third, they need a court order wherever it is. . check for...[BOS] . Not Registered With The High Court In 7 Days not registered AT ALL!  . Credit Agreement Details Not On The Bill Of Sale You should also check that the name on the registration documents  matches the name of the person who signed the BOS On occasions these cars get sold on several times . how to check: . email:QBEnforcement@hmcts.gsi.g ov.uk.[no spaces] . ring:020 7947 7772  . write: QB Enforcement Section,  Room E15-E17,  Royal Courts of Justice,  Strand, London, WC2A ... . ideally you need the BOS number . however they can search by the Reg Number . ...............  also see: http://www.fca.org.uk/firms/firm-types/consumer-credit/consumer-credit-research/logbook-loans ..... Do you have a problem with a Logbook Loan?  With Citizens advice estimating that over 60,000 of these loans were taken out in 2014 alone  an increasing number a causing severe difficulty and distress for borrowers. .  In this guide we explain what a logbook loan is, and how they work.   What you can do if you have a repayment problem,  and what you can do if you have unknowingly bought a car with a logbook loan attached. .  Three golden rules for Logbbok Loans .  1)No matter how desperate you are to purchase a car, or raise cash,  NEVER consider this type of Finance  These loans are designed purely for the benefit of the lenders.  With APRs of 400+%, little consumer protection, and aggressive debt collectionicon practices  they should be avoided at all costs. .  2)When purchasing a used car from whatever source,private or trade,  ALWAYS do a FULL GENUINE HPI CHECK costing around £20,  these come with a guarantee against any form of existing finance, including lbl's .  3)If you have any problem with a Logbook Loan,  your first step is ALWAYS to check that the Bill Of Sale has been registered  with the High Court. You can do this here- .  to check if registered .  Contact Details .  QB Enforcement Section  Room E15-17  Royal Courts of Justice  Strand  London  WC2A 2LL  DX 44450 Strand .  Telephone: 020 7947 7772  Fax: 0870 324 0024  Email: QBEnforcement@hmcts.gsi.g ov.uk .  You may read on the internet that your BOSicon will be void if witnessed by your lbl lender .  Since the OFT( as was) lost the attestation case on appeal by 2 to1 this is NOT the case .  full details here http://www.bailii.org/cgi-bin/markup...method=boolean .  Logbook loans are a form of credit dating back to the Victorian era,  derived from the 1878/1882 Bills Of Sale Acts, with terms and conditions to match in many cases. .  Problems are many fold from extortionate charges by lenders for calling a customer,  to repossessions where owners have been left at the side of a busy road,  unable to get to work, and even sexual harassment via debt collection. .  Poor practices abound, unsurprising when there is no incentive for lenders  to ensure their customers understand the terms or can afford the repayments.  In fact the very nature of this form of finance could be seen to encourage bad behaviour  – why carry out affordability checks if a single missed payments means you get to keep   the money and takeaway the car? . .  How does it work? .  When you take out a logbook loan you will be asked to hand over your vehicle’s logbook  or vehicle registration document, which proves you are the registered keeper of the vehicle. .  You’ll also have to sign a credit agreement and a form called a ‘bill of sale’.  This means the lender now owns your vehicle on a temporary basis  but you are still able to use it so long as you meet all loan repayments.  . These documents are recognised by law in England, Wales and Northern Ireland  but are not used in Scotland. .  The law only recognises a bill of sale if the lender registers it with the High Court.  If it’s not registered, the lender must get a court’s approval to repossess your vehicle.  . You should check if the bill of sale is registered. .  What you should do if you have a repayment problem .  1) check your Bill Of Sale is registered as above .  2) the lender must send you a default notice which complies with the requirements of s87(1)cca1974 .  allowing you fourteen clear days to remedy any default (which can be after one missed payment) .  You should , if your lender will not negotiate a reduced payment, straight away on receipt of the dn .  look to take out a time order. This gains you the protection of the court, which can look into the overall loan-- https://www.nationaldebtline.org/EW/...t/Default.aspx .  What you can do if you have purchased a car with an existing logbook loan .  If you receive a letter threatening to repossess the car or an enforcement officer  turns up at your home to take it, you may not be able to stop them.  . •ask to see proof of their identity and their authorisation to take the car •ask to see the bill of sale document – they have to show you this if you ask for it •if you feel threatened by how an enforcement officer is behaving, call the polic •ask for written confirmation of what has been taken •get the contact details for the logbook loan company. . If the lender has taken your car, you can try to get it back  and reclaim your money from the seller.  However, this can be a costly and time-consuming process and is not guaranteed to succeed. .  If you want to get the car back, you could pay off the outstanding loan  and then take the person who sold you the car to court, to try to get your money back.  .  If you just want to get your money back, you can take the person who sold you the car to court.   Always get independent advice before you decide to take someone to court. .  Some lenders are members of the consumer credit Trade Association (CCTA),  which has a code of practice covering logbook loans.  The code of practice says the lender must register the logbook loan on a register,  so it will show up when you carry out a history check on the car.  It also says they must obey certain rules when they repossess a car. .  If you are unhappy with the way a logbook loan lender or its enforcement officers have behaved,  find out whether they are a member. If so, you can complain directly to the CCTA. However this code is regularly ignored . http://www.ccta.co.uk/content/our-code.aspx .  Finally both the Financial Conduct Authority and the Law Commission are investigating  Logbook Lending  and the associated legislation,  full details here-- . http://www.fca.org.uk/firms/firm-typ.../logbook-loans . http://lawcommission.justice.gov.uk/...ls-of-sale.htm . for anyones info, you must act immediately on receipt of a default notice . What you should do if you have a repayment problem .  1) check your Bill Of Sale is registered as above .  2) the lender must send you a default notice which complies with the requirements of s87(1)cca1974  allowing you fourteen clear days to remedy any default (which can be after one missed payment) .  You should , if your lender will not negotiate a reduced payment, straight away on receipt of the default notice look to take out a time order. This gains you the protection of the court, which can look into the overall loan-- . https://www.nationaldebtline.org/EW/...t/Default.aspx Bills of Sale Act does not apply in Scotland, just to reassure you from the Money Advice Service *Taking out a logbook loan in Scotland*   In Scotland, ‘bills of sale’ cannot be used as security and are not legally binding.   Lenders in Scotland are therefore likely to be operating under different credit arrangements.   If the logbook loan is a ‘hire-purchase agreement’ or a ‘conditional  sale’, your consumer rights and protection under the Consumer Credit Act  1974 will apply. . worth a read http://www.consumeractiongroup.co.uk/forum/showthread.php?472038-ACF-THe-funding-Corp-illegal-repo-now-DCA-Chasing-loan&p=4972172#post4972172 . dx  
    • Can someone please help. I received a money claim and the trial is coming very soon. The claimants are the landlord, sent out a late payment warning letter in 2016, no warning letter has been received since.  I received a money claim against me in December 2018 without a letter before action.  The claimant is claiming breach of contract and they have submitted an agreement with their claim form that I think is invalid because it was created in 2015. We have a newer agreement that was signed in 2016 but the claimants have always denied this.  Today on their witness statement, they have attached this agreement date 2016. Would this make the 1st agreement invalid and would this be enough to get the claim thrown out of court? Any help would be greatly appreciated. Thank you! 
    • Oh dear - Report it as stolen - You better give it to them or else... However if you can tell - I am being sarcastic...    So - Affordability is a prime concern but with LBL - Because they are secured - It is very hard to do a IRR Lending complaint unless they seriously overvalued the car.  What are the amounts they are talking to you about? (Figures)   I dont think there is much they can do apart from enforce through court proceedings for repossession. Thats the only way I think but dont quote me on that...  If there treatment of you has been detrimental and caused sever mental health issues then you can complain to the FOS and also you will be afforded time to come up with a repayment plan.    Where is the Vehicle stored at the moment?
    • I've received a cheque from CS for the loan PPI - £2,238.72. Banked and will give a CAG donation once it clears. Thanks guys.    Also received a reply to the Credit Card PPI that I had queried. 8 weeks since my letter and they have written that due to the high volume of complaints it's taking longer than expected to respond. They expect another 8 weeks to respond of close the complaint. 
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pinkpetal

Please Help - Urgent Advice needed

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Please can anyone offer advice.

 

We took a tenancy agreement through a letting agency on wednesday 18th february and now have several problems.

 

Went into the property on Thursday to find that the property has not been cleaned, carpets are very dirty and marked. cobwebs in every room. walls badly marked and paintwork dirty / dusty. Cooker is filthy and the isolation switch is broken. Cooker also trips out the electrics. Unable to get dishwasher to work and there is no instruction book. Curtains are mildewy and badly creased. Windows dirty with mildew.

 

Was given a copy of a check out agreement dated 16th february - appears to be from the previous tenant - we have been charged £144 for legal documentation and inventory - is this acceptable ?? Inventory did not reflect the cleanliness of property and many things not on it

 

Called the letting agent to the property on Thursday pm to see the state of property. They noted my issues and advised that they would speak to the landlord.

 

Phoned them on Friday to be told that, the landlord had been to the property on the Wednesday and was happy with the condition apart from a couple of shrubs in the garden which needed cutting back and because of this they would not agree to pay for cleaners to come in and sort it out and would have to get the previous tenants to agree for this to come out of thier deposit which could take a couple of weeks and even then may not be agreed.

 

Phoned them again on Friday and told them that this was unacceptable as these issues were not our problem and that the landlord must sort it out as we are unable to move our belongings into the property. They also made out that we had pushed to get keys which meant that they did not have time to check the property properly - we advised them in the first week of january that we wanted to take the tenancy from 15 Feb and we called a couple of weeks before that date to ask if we could change to 16th of Feb as 15th fell on the weekend !!!!

 

So Phoned them again this morning to be told that they were still waiting for a response - advised them that I wanted a response by close of business today. I advised them that I would arrange the cleaning myself, but would be billing them for time at current rates and any equipment and materials required to do this. Also advised that I would expect a rebate for rental for all the days that we have been unable to use the property.

 

Guess what .... still no further forward.

 

Does anyone have any ideas where we go from here ? Now have no choice but to make an office visit tomorrow and would really appreciate some ammo to take with me.

 

Thanks

Pink

X


PINKPETAL

 

Lloyds TSB (1) Statements received

LLoyds TSB (2) Statements Received

LLoyds TSB (3) Statements received

Halifax Credit Card (1) Statements received

Halifax Credit Card (2)

SARS request Sent

RBOS (Halifax) Credit Card (3) SARS has Elapsed, on 54 days now

Barclaycard - Goodwill offer of £264.00 :mad:

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bump !!


PINKPETAL

 

Lloyds TSB (1) Statements received

LLoyds TSB (2) Statements Received

LLoyds TSB (3) Statements received

Halifax Credit Card (1) Statements received

Halifax Credit Card (2)

SARS request Sent

RBOS (Halifax) Credit Card (3) SARS has Elapsed, on 54 days now

Barclaycard - Goodwill offer of £264.00 :mad:

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Are they an ARLA regulated agent?


started with first letter 17/07/07

 

LLoyds TSB.........Received letter from them, now on hold

Halifax Bank.......Received letter from them, now on hold

Capital one CC.....Received offer letter, rejection letter sent.

Citi CC.................Haven't herd a thing, 1st letter then LBA, 14 days are up N1 going in.

Halifax CC............Haven't herd a thing, 1st letter then LBA, 14 days are up N1 going in.

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yes they are members of ARLA.


PINKPETAL

 

Lloyds TSB (1) Statements received

LLoyds TSB (2) Statements Received

LLoyds TSB (3) Statements received

Halifax Credit Card (1) Statements received

Halifax Credit Card (2)

SARS request Sent

RBOS (Halifax) Credit Card (3) SARS has Elapsed, on 54 days now

Barclaycard - Goodwill offer of £264.00 :mad:

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Call ARLA first, then when you see the agent tell them that you will be complaining to ARLA in writing include photos, if they are a member of an ombudsman cc all letters to them too. The best form of action is through letter. Correct the inventory and initial the bottom of ALL the pages, copy and include it in your complaint letter, normally if the agent does not receive a signed inventory back you are agreeing to it , the thing is if it is not clean when you move in it doesn't have to be when you move out!


started with first letter 17/07/07

 

LLoyds TSB.........Received letter from them, now on hold

Halifax Bank.......Received letter from them, now on hold

Capital one CC.....Received offer letter, rejection letter sent.

Citi CC.................Haven't herd a thing, 1st letter then LBA, 14 days are up N1 going in.

Halifax CC............Haven't herd a thing, 1st letter then LBA, 14 days are up N1 going in.

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Thanks for that. I am really fed up with the whole situation. What do I do with regard to the electrics as one of the appliances they have supplied is tripping out the circuit - which means that something is wrong somewhere. Now I know that they do not legally have to provide an electrial testing cert, but is there anything about having to ensure that electrical installation and appliances being safe as there is also a broken isolation switch on the cooker.


PINKPETAL

 

Lloyds TSB (1) Statements received

LLoyds TSB (2) Statements Received

LLoyds TSB (3) Statements received

Halifax Credit Card (1) Statements received

Halifax Credit Card (2)

SARS request Sent

RBOS (Halifax) Credit Card (3) SARS has Elapsed, on 54 days now

Barclaycard - Goodwill offer of £264.00 :mad:

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If the appliance is on the inventory as working then it must work and be safe to use or its the landlords duty to replace it or get it repaired. Let the agent know that you are going to contact the council to get an environmental officer to inspect the electrics as you feel they are unsafe. ARLA is your best tool at the moment as agents don't like complaints going to them. Just remember photographical proof and copy all of your letters to them.

Send all letters to the agent recorded or signed for.


started with first letter 17/07/07

 

LLoyds TSB.........Received letter from them, now on hold

Halifax Bank.......Received letter from them, now on hold

Capital one CC.....Received offer letter, rejection letter sent.

Citi CC.................Haven't herd a thing, 1st letter then LBA, 14 days are up N1 going in.

Halifax CC............Haven't herd a thing, 1st letter then LBA, 14 days are up N1 going in.

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Just chipping in on thsi thread --Having just Let a property for the First time -- .. prior to any Let going ahead we have had to have Electrics Test - Energy and Gas --- so if the cooker is deemed as dangerous --check or ask landlord -for a copy of the Electric report. Cant help with the technical side though :-( But good luck

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