Bill of Sale registration

[Blown up]

Hi

Have been helping a friend with this as she is very depressed about her car been taken and alot of money still owing.

 

The Bill of Sale date 13th November 2007.

 

 

Just heard back from the high court they did not receive it until the 23rd November 2007 and was actually registered on the 26th November.

 

 

Is it 7 working days or just seven days as this would make a difference .

 

 

They also advised her to seek legal advice on this matter.

 

 

She signed her credit agreement on the 14th November has all payment details on this but the Bill of sale actually only reads the amount secured and the rate of interest . Please help:confused:

 

Bump

[sequenci]

Hello there.

 

In accordance with the Bills of sale Act 1878(!) the registration needs to be within seven clear days of it being signed. I'm not sure that they have registered it properly.

 

Bills of Sale Act 1878 (c.31) - Statute Law Database

[Blown up]

Thank you for your help , just trying to define what exactly is clear days , working days or just full days , looks to me the bill of sale was not registered in time , has anyone got any thought on this please ?

[sequenci]

Thank you for your help , just trying to define what exactly is clear days , working days or just full days , looks to me the bill of sale was not registered in time , has anyone got any thought on this please ?

 

My understanding is that it's clear days (e.g. not working days).

[Blown up]

Thank you Sequenci

So if the Bill of Sale was not registered in time do you think this would make the agreement void as both documents are linked ?

[postggj]

most of the info on the bill of sale needs to be the same as on the credit agreement.

 

you are correct

one tarnish the other

 

if the bos has not been registered corectly and they have taken the car, demand its return or a claim will be started for its replacement or value

 

as tyhe bos has been registered outside the perscribed period, the vehicle is not secured on it so its nothing more than theft

[sequenci]

one tarnish the other

 

not always. you can have a bill which is void but the credit agremeent could still be in tact. It just means that the security is void which means (as you have mentioned) that if a car has been taken you could be entitled to it back or a replacement

[postggj]

hi sequenci

 

people are of the opinion that if the bill of sale is void, there is no security but it then falls onto the credit agreement

 

me and johnchris have been through this by an indepth investigation and have it confirmed that if one is tarnished, they both are

 

i have this from the oft

 

 

our finding are to be released in due course

[sequenci]

hi sequenci

 

people are of the opinion that if the bill of sale is void, there is no security but it then falls onto the credit agreement

 

me and johnchris have been through this by an indepth investigation and have it confirmed that if one is tarnished, they both are

 

i have this from the oft

 

 

our finding are to be released in due course

 

Please do, it will help a lot of people if it is to be the case as it would go against the opinion of many firms high up within the debt advice world

[hammyhound]

I have been reading up on Bills of Sale recently and I do know that an application can be made if the Bill of Sale is not registered within 7 days.

 

 

The company applies via a court order and witness statement to the high court to explain why the bill of sale is registered late together with a further fee of £40.00.

 

 

I believe that what will have happened is that they tried to register the bill of sale,

it got knocked back because it was out of time

and they had to ask for the court to order that the bill of sale be registered out of time

- does that make sense.

 

I dont know if this helps but I think in this instance the bill was registered late.

Cant help about enforceability though that one is over my head.

 

I will try and dig out the relevant sections.

 

HH

[Blown up]

Do you think it is worth writing to the OFT about this to get their opinion ,

as yes the bill of sale wasn't registered in time in my opinion and has hardly any figures on the bill of sale but has most of the financial figures in the agreement

 

.Not to mention it was witnessed by someone from Log Book Loans .

 

Can anyone help me compose a letter please ?

Edited July 25, 2009 by Blown up

[boocoo]

Hi,

as previous post

as long as the notice of late registration is complete and LBL paid the £40

(which they would have done, the courts wont accept it back and register it otherwise,

it would have just come back to you as unfound)

then its the same as within the 7 days.

 

 

The fact it was late doesnt count a jot in terms of it being enforcable or not.

 

 

The bill of sale is the key document that makes the loan enforceable.

 

 

If its signed and registered then Im afraid LBL have acted totally within the framework of the OFT an the loan is legally binding.

[postggj]

Interesting Comment Boocoo

 

Beg To Differ

 

Please Explain

 

By The Way

 

I Am Savvy On Bos

[sequenci]

Interesting Comment Boocoo

 

Beg To Differ

 

Please Explain

 

By The Way

 

I Am Savvy On Bos

 

+ 1

[boocoo]

I think my issue is that everyone seems obsessed with the BOS and that being the route to get their agreement overturned with LBL.

 

 

Let’s look at the facts,

LBL have been going 10 years,

are not some tin pot firm but are the UKs largest provider of loans secured against cars,

have over 100's of employees and know their stuff.

 

 

This site is littered with people who are about to take LBL to court,

destroy the company and champion their downfall.

 

 

The reality LBL haven’t lost a single court case as their BOS’s are well constructed from a legal point.

 

 

The OFT approved them and helped draft them for god sake so why anymore who expect them to overturn them purely based on their structure is beyond me!

 

I appreciate the issue here is when they are registered and the 7 day rule. 999 out of 1000 will be registered on time.

 

Look there’s nothing wrong with people exploring every avenue,

just be realistic,

you may think you were miss sold,

you may think they are sharks,

but they know their job and the amount of loans that will be overturned based on the BOS is minimal.

Well let’s face it zero in their ten years of existence.

 

 

Maybe the mis selling route is more realistic and will get more of a hearing from the OFT,

90% of the energy used on the site on LBL’s is on the BOS and that just seems a dead end

Edited January 22, 2010 by boocoo
wrong word

[postggj]

have not lost a single case

what about the cases trading standards have taken to court

now i know

 

ive delt woth three threads where lbl have withdrawn

 

or do you take withdrawing a case as not lost

 

last comment on this

 

BUSTED

 

you work for log book

[postggj]

For Your Info

 

Not With Lbl But Ive Had A Bos Overturned In Court Myself

[boocoo]

LOL believe me I don’t work for logbook and wouldn’t,

it’s against my principles,

they prey on those who can’t get credit elsewhere.

 

 

Yes their customers know how much they will pay back and no, noone has a god given right to walk away from a loan just because they don’t fancy paying back,

 

 

but people who take these loans out are desperate and most don’t want to or are incapable of looking at the long term commitment and that’s LBLs market and that’s why they cause so much mess.

Edited January 22, 2010 by boocoo

[postggj]

Cant FreezE The Loan

Come On

 

Putting It Into Dispute Let Alone Court Action, Freezes The Loan While The Dispute Continues

 

Have You Read The Consumer Credit Act

[boocoo]

ok guys I’m going to stop posting on this one.

As I stated I’m trying to focus people on where there is hope not get bogged down in all the legal chat side of it which is largely made up of legal sharks taking people for a ride and fellow victims starting little more than Chinese whispers

Good luck with all your court cases guys but just keep in mind the when the legal side breaks down

Edited January 22, 2010 by boocoo

[sequenci]

ok guys I’m going to stop posting on this one. As I stated I’m trying to focus people on where there is hope not get bogged down in all the legal chat side of it which is largely made up of legal sharks taking people for a ride and fellow victims starting little more than Chinese whispers and generating a cult mentality of “if we say it enough times it might be true”. Just step away from the forum where other people in the same position hoping to convince each other there is hope and ask why don’t any of these posts end with “guess what I had my loan with LBL overturned today” I mean it’s not as if they haven’t been going on a while is it, some date years, all just fizzling out or dragging on.

My uncle was diagnosed with lung cancer 3 years ago. Lung cancer is a baddie and the odds were against him. He survived 12 months which is ok but I don’t see what good it would have done him to spend his time on a website where people were saying its fine and he will probably live for years. Sometimes the truth isn’t pleasant, isn’t what people want to hear but guess what, it’s the truth. Come on an OFT approved document written by top contract lawyers and tested in the courts time after time vs. people so depressed with their situation they will listen to anything they are told?

Good luck with all your court cases guys but just keep in mind the phrase” miss sold” when the legal side breaks down because I honestly think thats where people have a chance of stopping these loans being enforceable. You know their reps where selling not explaining.. now prove it and you’ve got them.

 

I've seen many, many, many log book loans which have been drawn up incorrectly. I work within the industry and can assure you that badly drawn up logbook loans are commonplace. Two words: Document Fee

[IS IT ME?]

Oh I think another employee has gone walkies again, why do they do it.

I

Edited December 8, 2009 by IS IT ME?

[boocoo]

Now look, I’ve replied when I said I wouldn’t see!

 

It really insulting to say I work for anyone like these guys.

I had a loan with MM and got my loan annulled through proving it was mis sold.

 

All I’m saying is despite what seems good advice,

just link me one thread out of the 100’s going back years,

show me one case on the OFT or justice courts web sites,

name one person who has won a case based on their standard documents being unenforceable

and then yes I’ll put my hands up and say this is the way.

There isn’t any!

 

 

If that makes me an employee then fine,

to me it makes me a realist who is trying to say there is a way of winning these cases with the OFT’s help.

 

 

Not saying everyone who has took a loan out should do it.

Taking out a loan and trying to get away with not paying it back is called fraud,

but I was mis informed about how much I would pay if I paid back early,

they gave me wrong information when they sold me the loan.

 

 

I proved it and they cancelled the loan!

I don’t know the law that well, I don’t pretend to.

I know they do and I know no one can or will prove their documents are wrong.

 

 

What I do know is that if you were given a loan you know you shouldn’t have been,

were told wrong facts,

not told the full facts then YOU are right and they are wrong,

 

 

but this is not pretending to wade through their paperwork picking up on what you think is non legally binding text.

 

 

Its about proving they didn’t give you the full picture!

Edited January 22, 2010 by boocoo

[Blown up]

Thank you for your interest boocoo.Will be writing to the OFT to see if they have an opionion on this

[IS IT ME?]

some one looking!!!!!!!!!!!!!!!

Edited December 8, 2009 by IS IT ME?