Finance U Ltd Car Repossession letter received **Round 1 WON... Ding, ding... Round 2 now on**

[postggj]

hi mowayose

 

long time no see

 

let battle commence it seems

 

i will nail them to the wall this time

[nowayjose]

Hi Postie

It seems that Graham is not taking us to court this time, its David Michael Evans from LG Pritchards solicitors on behalf of Finance U. Also the default notice he has attached to the claim form was issued after the original court case, the one he made up in 29 Dec 2009.

[emanevs]

And this my friends will put our "FRIEND" Mr Humprhries in his place!!!!!

Nine Regions Ltd (Trading as Logbook Loans Ltd) v The Office of Fair Trade 2010 UKFTT643(GRC).

:lol::lol:

[nowayjose]

Sorry

Edited June 15, 2011 by nowayjose
Dont know what quite happened :)

[postggj]

And this my friends will put our "FRIEND" Mr Humprhries in his place!!!!!

Nine Regions Ltd (Trading as Logbook Loans Ltd) v The Office of Fair Trade 2010 UKFTT643(GRC).

:lol::lol:

 

care to elaborate emnevs please

 

And this my friends will put our "FRIEND" Mr Humprhries in his place!!!!!

[postggj]

your last post nowayjose is gobblegook

 

please repost

[debt4get]

yeah same for me looks like a computer printout.....total garbage..thought it was my pc

[emanevs]

??????????????????? whats all that gobblegook?

[car2403]

is this round 3, then?

[nowayjose]

This is the only default notice he has produced with his POC

 

 

[nowayjose]

Hi Emenevs

 

Ive read through most of your link, and from what I have read so far, are you suggesting that the ruling states that a witness of the Bill of Sale cannot be an employee i.e. B Sullivan, Clerk @ CPG (WALES)??

[emanevs]

what me?........................

:lol::lol::lol:

[postggj]

Nowayjose

 

can you post that link up please

 

 

 

and yes, i can confirm a witness cannot be an employee

 

IME ENGROSSED AS THIS IS A 2010 RULING

[emanevs]

goodbye Graham........

 

ha,ha

:lol:

 

and all of your bills?????

[emanevs]

why thank you!

[emanevs]

baaa baa Graham.......:lol:

[postggj]

There are a number of companies operating on the basis of loans secured on property, for example cars. These loans are often provided for relatively small amounts of money, with very high rates of APR (often, over 100, and cases of APR’s over 200% are not uncommon).

 

In many cases, the results of even minor infractions of the rules on these agreements are severe; resulting in the repossession of the goods, and charges that can often amount to hundreds of pounds, while the debtor remains liable for more than the original cost of the loan.

 

However, in almost all cases due to technical mistakes by the creditor, the securities offered by these agreements are null and void even if the underlying debt is not.

 

What is a bill of sale?

 

 

The definition is so broad that it includes any security on private goods (other than a house or land), but do not include any agreement where the goods automatically pass to the lender.

 

But a bill of sale is not a pawnbroking agreement, where the debtor parts from possession of the goods, and redeems them at the end of the contract, or a “sale and buyback” scheme, where the customer sells the goods to the creditor (who then owns them, and gains possession of them), with the “debtor” having an option to purchase the goods back after a period of time), or a hire purchase scheme.

 

for the formal definition look up http://www.statutelaw.gov.uk/content.aspx?LegType=All+ Legislation&title=bills+o f+sale&Year=1878&searchEn acted=0&extentMatchOnly=0 &confersPower=0&blanke tAm endment=0&sortAlpha=0&TYP E=QS&PageNumber=1&NavFrom =0&parentActiveTextDocId = 1054646&ActiveTextDocId=1 054652&filesize=4315

 

The statutory requirements for a bill of sale to be valid.

 

1. The bill of sale must be in the correct form and contain the prescribed information contained in the 1882 act.

 

2. The bill of sale must be registered.

 

If either requirement is not met, the bill of sale is void (that is, the security will not be enforceable, although the underlying debt may be).

 

Form and Content of a Bill of Sale.

 

The language for some of the wording is is archaic, which most ordinary people today wouldn’t understand. Nevertheless, if not in the prescribed form, it renders the bill of sale void.

 

It will be rendered void if it does not contain:

• The date of the bill
  
• The names and address of the parties
  
• A statement of Consideration
  
• An acknowledgement of the receipt of the advance
  
• An assignment by way of security of particular goods, capable of description
  
• Statements of the sum secured, the rate of interest, and the instalments by which repayments are made,
  
• Agreed terms for the maintenance of security
  
• A clause limiting the grounds of seizure to one of the following:
  
  • Default with the repayments or any covenant of the bill
    
  • Bankruptcy or seizure of the goods for rent, rates, or taxes.
    
  • If the granter fraudulently removes goods, or arranges for their removal
    
  • If execution has been levied against the goods
    

   

  [*]A schedule containing a description of the chattels

  [*]Execution (signature) by the granter (borrower)

  [*]A statement in the form of the 1882 act

  [*]Attestation by a witness not a party to the bill

  [*]Registration

The consideration is the amount the borrower receives for the bill of sale; NOT the sum secured by the bill (which would include interest and costs). For example, if the agreement is regulated by a consumer credit agreement, it would have to use the amount that was advanced to the borrower BEFORE charges, costs and interest.

 

he bill of sale must contain a statement in the form provided by the act. Here is the wording: http://www.statutelaw.gov.uk/content.aspx?LegType=All+ Legislation&title=bills+o f+sale&Year=1882&searchEn acted=0&extentMatchOnly=0 &confersPower=0&blanke tAm endment=0&sortAlpha=0&TYP E=QS&PageNumber=1&NavFrom =0&parentActiveTextDocId = 1055715&ActiveTextDocId=1 055738&filesize=2273 . This is often missing.

 

If a credit agreement regulated by the consumer credit act is secured on a bill of sale, and the bill of sale is void, the credit agreement may also void by virtue of the act, although the law on this is VERY unclear. I would recommend getting into contact with the national debt line on this issue.

 

So. You’ve got a copy of the bill of sale, and it is a rare bill of sale that complies in all respect with the acts.

 

Can it be enforced?

 

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.

 

Requirements of the consumer credit act

 

Most bills of sales are also regulated by the consumer credit act. Such a security will be no more valid than the consumer credit agreement. The requirements of the consumer credit act include:

• A description of the security should be included/embodied in the credit agreement
  
• The bills of sale must be presented to the debtor at the time the credit agreement was signed
  
• The creditor will normally have to issue a default notice before calling in the debt.
  
• The terms of the bills of sale must be consistent with the credit agreement.
  
• The agreement must not be extortionate ( if made before 2007) or constitute an unfair relationship(after 2007)
  

All the other, normal requirements of the consumer credit act apply. It is also possible to apply for a time order to prevent the repossession of goods under the consumer credit act 1974.

 

Enforcement of Bills of sale

 

Before you are required to give up your property, they must (if you ask for it) provide a valid bill of sale exists, that bears the stamp of the Supreme Court.

 

However, repossession does not need to be carried out by a certified or professional “enforcement officer” given this, the professional conduct of those actually repossessing goods is of serious question, AND I ADVISE ANYBODY when presented by a bill of sale to call the police immediately, informing them that you are afraid of a breach of the peace and asking for their attendance

 

many thanks tomterm for the research

[emanevs]

i think our "FRIEND" NEEDS TO RETHINK BILLS OF SALE!!!!

:lol:

 

and his baillifs!!!!!!

[postggj]

So i think with you permission nowayjose we will string this out a bit

 

not only application costs, allocation questionnaire fees and our costs should make a tidy sum

 

but its your thread and ill abide by your decision

 

WE ARE ALSO MOVING INTO THE REALMS OF UNLAWFUL REPO AND S.92 OF THE CCA 1974 ALSO AS THE BOS IS VOID

[nowayjose]

Yes definately Postggj, lets do it

[postggj]

we have 14 days to acknowledge the claim

 

we will use it

 

same routine as before and ill work on the defence

[emanevs]

you carry on guys.....

 

he will cave in shortly......

 

trust me.....

:lol:

[postggj]

ANYWAY

 

SAME AS LAST TIME

 

IF THIS GOES TO TRIAL

 

IS WELSH LAMB STILL ON THE MENUE:lol:

[nowayjose]

Of course...

[postggj]

IME REALLY STARTING TO ENJOY THIS NOW

 

LAMB IS JUST TO EXPENSIVE AT THE MOMENT:smile: