Log Book Loans Licence Revoked by OFT!!!!

[ims]

Hi trooper68, To be fair, the repo man from anglian, was at all times quite professional about the whole matter, or be it that he had is facts wrong in regards to what he was legally allowed to do, remembering that what the police said yesturday on the phone, they basically said they had no real knowledge of civil law and they are only trained in legal law, which apparently is hard enough, i explained to the chief officer the following:

 

1) the lender had a CONDITIONAL bill of sale for the loan, which was affectively used as a security against the car, in lamens terms, the bill of sale was there to protect their interest so as i as the owner could not sell or dispose of the car without their consent or the debt bieng cleared, and this is in conection with the consumer credit agreement, which is the legal document which i signed, therfore the lender has by law to follow the guidelines set out within the consumer credit act.

 

2) the bill of sale is void as it was not produced to high court within 7 days, this was confirmed by anglian at the time of the repossesion, however he did state that although it had been put into the court 9 DAYS later it made no difference as they only had to pay more for it??!!

 

3) Following the consumer credit act the lender MUST produce to me firstly a default notice, giving me at least 7 days to respond, followed by a termination notice, stating thier intention was to recover the vehicle to realise thier security, as this was not done, and i have not heard anything from the lender, the lender has breached the consumer credit act, and therfore has no right to terminate, making the repossesion illegal!

 

4) Anglian are only registered to collect debts, as at no time did the anglian agent ask me for an amount of money, he therefore had breached their credit licence, and was only interested in removing the vehicle, therefore he was acting as an agent on behalf of the lender, for removal of the vehicle to realise a security, therefore ha had to be licenced as a vehicle repossesion agent, which he wasnt, making the entire repossession illegal.

 

5) At no time as the LEGAL VEHICLE OWNER did i give consent for either the anglian agent or the recovery truck operator to remove or attempt to remove my vehicle from my possession, therefore this alone should constitute taking a motor vehicle without consent! (TWOC)

 

6) As the anglian agent has produced a reciept to me, which i of course refused to sign, clearly stating that the vehicle is to go to auction, this would show intent to permanently deprive me of the vehicle, and given that the lender, the agent or the recovery operator had consent to do so, this would constitute theft.

 

The officer after this replied with:

 

Your interpretation of the law may be correct, however, to make any of these legal matters stick, you must now prove that diception had taken place, or that either the lender, the agent or the recovery operator knew that they had no right to take the vehicle, and this would be very hard to do.

 

My question is simple, disregarding the fact the BOS is invalid, even if it was, the BOS is still part of a credit agreement, and therfore for the credit agreement to be valid, the lender must follow the consumer credit act, as i can prove they havent, and given the fact the OFT see's it fit to revoke their licence, why havent the police who may i add we pay thier wages and are duty bound to protect the public, have not, and are not willing to investigate this further??, from now on bugger the law, if i feel like i want the next door neighbours car, il lend them a cup of sugar and use thier £15k car as security, and when, even tho i havent asked for my cup of sugar back, will repossess thier car LEGALLY according to our police department, sell it and charge them 346% interest plus cost etc, and give them bugger all. Maybe this is the way forward??!!

[trooper68]

Hi trooper68, To be fair, the repo man from anglian, was at all times quite professional about the whole matter, or be it that he had is facts wrong in regards to what he was legally allowed to do, remembering that what the police said yesturday on the phone, they basically said they had no real knowledge of civil law and they are only trained in legal law, which apparently is hard enough, i explained to the chief officer the following:

 

1) the lender had a CONDITIONAL bill of sale for the loan, which was affectively used as a security against the car, in lamens terms, the bill of sale was there to protect their interest so as i as the owner could not sell or dispose of the car without their consent or the debt bieng cleared, and this is in conection with the consumer credit agreement, which is the legal document which i signed, therfore the lender has by law to follow the guidelines set out within the consumer credit act.

 

2) the bill of sale is void as it was not produced to high court within 7 days, this was confirmed by anglian at the time of the repossesion, however he did state that although it had been put into the court 9 DAYS later it made no difference as they only had to pay more for it??!!

 

3) Following the consumer credit act the lender MUST produce to me firstly a default notice, giving me at least 7 days to respond, followed by a termination notice, stating thier intention was to recover the vehicle to realise thier security, as this was not done, and i have not heard anything from the lender, the lender has breached the consumer credit act, and therfore has no right to terminate, making the repossesion illegal!

 

4) Anglian are only registered to collect debts, as at no time did the anglian agent ask me for an amount of money, he therefore had breached their credit licence, and was only interested in removing the vehicle, therefore he was acting as an agent on behalf of the lender, for removal of the vehicle to realise a security, therefore ha had to be licenced as a vehicle repossesion agent, which he wasnt, making the entire repossession illegal.

 

5) At no time as the LEGAL VEHICLE OWNER did i give consent for either the anglian agent or the recovery truck operator to remove or attempt to remove my vehicle from my possession, therefore this alone should constitute taking a motor vehicle without consent! (TWOC)

 

6) As the anglian agent has produced a reciept to me, which i of course refused to sign, clearly stating that the vehicle is to go to auction, this would show intent to permanently deprive me of the vehicle, and given that the lender, the agent or the recovery operator had consent to do so, this would constitute theft.

 

The officer after this replied with:

 

Your interpretation of the law may be correct, however, to make any of these legal matters stick, you must now prove that diception had taken place, or that either the lender, the agent or the recovery operator knew that they had no right to take the vehicle, and this would be very hard to do.

 

My question is simple, disregarding the fact the BOS is invalid, even if it was, the BOS is still part of a credit agreement, and therfore for the credit agreement to be valid, the lender must follow the consumer credit act, as i can prove they havent, and given the fact the OFT see's it fit to revoke their licence, why havent the police who may i add we pay thier wages and are duty bound to protect the public, have not, and are not willing to investigate this further??, from now on bugger the law, if i feel like i want the next door neighbours car, il lend them a cup of sugar and use thier £15k car as security, and when, even tho i havent asked for my cup of sugar back, will repossess thier car LEGALLY according to our police department, sell it and charge them 346% interest plus cost etc, and give them bugger all. Maybe this is the way forward??!!

 

 

Hi IMS

 

Agreed to the coppers statement to a point, as they are not aware of all of the facts in this case, they should have made a short equiry in to there claims at the time. A blanket statement of a Civil matter never washes with joe public. As the BoS was confirmed as you state is your void on that day by the agent, the Police should have halted the repo, i know that if a police officer attends a repo its usally prearranged and with a court order, just goes to prove that the attending officer has not or refused to do his duty.

 

In this case (yours) if I was you a Complain would be making its way to the Police.

 

Moving on, you are correct, even if the BoS is void, the CCA still is in effect, but knowing LBL that is proberly iffy as well.

 

Oh, check the BoS, who was the Sols? check the company to see if they actioned it, i think someone had a case where the sols named did not know anything about it, now that was fraud...

 

 

What is your next move?

 

trooper68

[ims]

hi trooper, with failing to get a response of help the all know nothing police, i contacted the OFT and placed a complaint with them, something big must be going on their as the woman i spoke to put me on hold twice then told me she cannot go any further and would transfer my case to local trading standards, who would phone me in 5 days, 10 mins later the trading standards have called me back, basically agreed to everything i said, and informed me i was right in saying it is a legal matter on the taking of the car, and that they are willing to help in anyway possible, now quickly passing all details to them. They said they will contact police on my behalf and inform them of the theft, as this is what has occured, they are also requesting BOS etc from LBL, Nine regions ltd and the high court, to see if there are any discrepencies, BOS has not been signed within the 7 days i know this, so that should be fun, nor have i had any correspondance from them in relation to account statements, defaults or even termination. Guessing Trading standards will find this an easy case.

 

Just for information though, found thison my extensive surf of the net! dont know if you all know about it?!

 

Welcome Financial Services Ltd v Nine Regions Ltd. (t/a Log Book Loans) [2010] EWHC B3 (Mercantile) (22 April 2010)

and this

MHAIRI NICOL v. NINE REGIONS LTD, 12 September 2008, Sheriff John N McCormick

 

guess everyone is getting sick of them?

[trooper68]

hi trooper, with failing to get a response of help the all know nothing police, i contacted the OFT and placed a complaint with them, something big must be going on their as the woman i spoke to put me on hold twice then told me she cannot go any further and would transfer my case to local trading standards, who would phone me in 5 days, 10 mins later the trading standards have called me back, basically agreed to everything i said, and informed me i was right in saying it is a legal matter on the taking of the car, and that they are willing to help in anyway possible, now quickly passing all details to them. They said they will contact police on my behalf and inform them of the theft, as this is what has occured, they are also requesting BOS etc from LBL, Nine regions ltd and the high court, to see if there are any discrepencies, BOS has not been signed within the 7 days i know this, so that should be fun, nor have i had any correspondance from them in relation to account statements, defaults or even termination. Guessing Trading standards will find this an easy case.

 

Just for information though, found thison my extensive surf of the net! dont know if you all know about it?!

 

Welcome Financial Services Ltd v Nine Regions Ltd. (t/a Log Book Loans) [2010] EWHC B3 (Mercantile) (22 April 2010)

and this

MHAIRI NICOL v. NINE REGIONS LTD, 12 September 2008, Sheriff John N McCormick

 

guess everyone is getting sick of them?

 

 

Cool, i'll check into the urls you found, I'm aware of the Trading standards taking on cases as i understand there is an or on going investigation.

 

Is there a Sol stamp on the BoS? Have you contacted the high court on the bos?

 

trooepr68

[ims]

just another quick find, anyone who has had their car repossessed recently, please go to this website place in the drop down boxes, all auctions, then put date from today, then date to 30/05/09 logbook loans has 3 cars there.

 

Login

[ims]

no im in the process of doing that now, will post all updates, just so i dont hack this thread, how do you post yourown thread?

[ims]

Subject: Action on account xxxxxxxxx – Forced Repossession of vehicle xxxxxxx

Dear Sir or Madam

Following attendance of your officer's yesterday at my home address, where they forcibly repossessed my vehicle, namely that of a Peugeot 307 SW HDI registration number xxxxxxx, I wish to draw your attention, as I did the officer on the day that this, and I can prove was an illegal repossession and has therefore constituted theft, and quiet possibly aggravated vehicle taking.

I give for your reference:

• The vehicle was subject to a loan with you clients Logbook loans Ltd, which was secured by a way of bill of sale and a consumer credit agreement.
  
• You client failed to inform you that the Bill of sale was deemed void for the following reasons:
  

1. The bill of sale was not registered with the high court within seven clear days of execution which contradicts section 8 of the bill of sale act 1878 and amended 1882.
   
2. At the time of the Bill of sale execution I was not the full and legal owner or the above mentioned vehicle, therefore contradicting section 5 of the bill of sale act 1878 and amended 1882.
   

• In connection the Bill of sale was to accompany a consumer credit agreement, Your client breached this agreement in the after mentioned ways, rendering this agreement unenforceable
  

1. Your client did not send out a default notice allowing 14 days to rectify, in contradiction to the consumer credit act 1974, section 87(1)
   
2. Your client did not abide by any of the regulations set out in section 87(1) of the consumer credit act 1974, nor have they sent any information regarding the account, what arrears were, or what the repercussions were should I not respond.
   

 

 

Not only am I in full possession of all associated documentation for the vehicle, and the keys, and given the above am the full and legal title owner of the vehicle you removed I now formerly request before action that the vehicle is returned to me forthwith, should you fail to comply with my request you will leave me with no alternative but to report the said vehicle stolen, and that You and your agents are the accused of such illegal activity, I also formerly request that all associated damage caused to this vehicle is rectified, as you recovery agent disengaged the rear park brake using bolt cutters, and dragged the vehicle using a winch secured to the front nearside alloy wheel, I will only except a proven receipt of making good any damage, or I will persue this matter through the small claims court, which will incur costs and the associated 8% interest.

May I also take this opportunity to bring to your attention that your company is on licensed as debt recovery agents, and not vehicle repossession as per you credit licence. Please see an abstract of your licence details listed:

Licence Number:0456673Licence Status:Current

Current Applicant / Licensee:

 

Business Name Company Registration Number Anglia (UK) Limited3541326

 

Categories:

 

Debt administration Debt collecting Provision of credit information services, excluding credit repair Provision of debt-counselling on a commercial basis

 

Right To Canvass Off Trade Premises:No

Given at no time did your agent request any money from myself I feel that you have contradicted your licence and will therefore be making the relevant complaints.

Just to clarify my standing on this matter, Your agent had no legal right to enter onto my private

property nor did he have a legal right to force ably remove my vehicle please see attached abstracts of the law:

92 Recovery of possession of goods or land

 

(1) Except under an order of the court, the creditor or owner shall not be entitled to enter any premises to take possession of goods subject to a regulated hire-purchase agreement, regulated conditional sale agreement or regulated consumer hire agreement.

Therefore I deem your agent as trespassing.

I hope this letter before action is dealt with swiftly and has brought to your attention some very costly over sights on your companies behalf.

 

 

 

Regards

 

 

letter i just sent to anglia the repo agents what do you think?

[ims]

also sent similar letter to nine regions and logbook, any comments?

[beyondhope]

Hi ims having a read now thanks for alerting me to this

[beyondhope]

no im in the process of doing that now, will post all updates, just so i dont hack this thread, how do you post yourown thread?

 

 

Click HERE scroll to new thread (under the top notices) and post away

[ims]

sorry for the hack apple, my thread to carry on this is:

http://www.consumeractiongroup.co.uk/forum/log-book-loans-bills/263125-illegal-repossesion-logbook-laons.html#post2972092

 

please follow using link above regards

[Kupcakeskerry]

Hello All,

 

I am a student nurse and I recently took out a logbook loan with nine regions ltd, Log book loans.

 

I am outstanded at thier poor service.

 

the loan aggreement started on april 10,

 

Nothing was explained to me about thier extortionate charges!.

 

They also got my address wrong, Therefore no letters were recieved by them.

I emailed them several times suggesting I had problems with making payment.

 

Today bailiffs to my car, they now want 1000 for the car back. withing 7 days.

 

The repo company is templar bespoke solutions. The guy wouldnt show me any Id or warrent/court order to repossess the vehicle. therefore I called the police.

When speaking with the Pc's All they could tell me was It was a civil matter and they could not report it stolen.

 

When speaking to logbook loans they inform me to speak to templar bespoke. When I ring templar bespoke they tell me to contact logbook loans.

 

I cant win ..

 

The loan sum was only for 2000 and they want half in 2 months?

 

I recently read that the company isnt registered with the oft and is not legally bound to give credit under the consumer credit act. Therefore all agreements are invalid?

 

I am new to this financial/credit/ loan stuff. and I am really worried I will never get my car back.

 

 

Can anyone help?

 

Thanks

[ims]

hi log book loans dont play by the rules, it depends on your payment history as to what your options are, have you made all the payments etc, have they sent defaults ect??

[mreyn37697]

HI everyone i am currently struggling to pay back my log book loan at present. and keeping the payments up on the fear of loosing my car has anyone heard any update on the OFT actions on revoking there consumer credit license? or if they are going to end up having to close down?

 

Matt

[ST220]

For anyone that's interested, LBL have an appeal hearing scheduled for the 8th and 9th of November!!

 

I would have posted a link to the information, but my post count is too low.

[ims]

For anyone that's interested, LBL have an appeal hearing scheduled for the 8th and 9th of November!!

 

I would have posted a link to the information, but my post count is too low.

 

hi st220 could you pm me the link

how did you find out about it? regards

[Hip_Hop]

Does anyone have any news what the outcome of the appeal was?

[Nicky Bodmin]

Hi Hip Hop,

 

It was only the first of the hearings for directions they dont have a hearing date yet long long way to go yet

[Hip_Hop]

You are absolutely spot on. What an idiot I am! It's just a directions hearing, isn't it. Mind you, why do they need 2 days for a directions hearing? Hmmmmmmm

[Nicky Bodmin]

its not a two day hearing did no one see the link I posted from the OFT it shows the High Court Listings

[Nicky Bodmin]

Our case will be heard by the First-tier Tribunal (Consumer Credit) ('the appeal tribunal') not by the High Court. If you go to:

http://www.consumercreditappeals.tribunals.gov.uk/Documents/RegisterFtT_ConsumerCredit_Oct10.pdf

which is Tribunal's website, this page will give you the date of preliminary hearing.

We don't have a date for the main hearing yet.

Jullita

this is part of a recent email from the OFT clck the link

[Nicky Bodmin]

I dont know where your info has come from but it is incorrect its all on the link.

[Hip_Hop]

I dont know where your info has come from but it is incorrect its all on the link.

 

Thanks Nicky. It wasn't my info but ST220 @ post #140 & repeated below

 

Originally Posted by ST220

For anyone that's interested, LBL have an appeal hearing scheduled for the 8th and 9th of November!!

 

I would have posted a link to the information, but my post count is too low.

 

And sorry, but yes, I missed your original link from the OFT that you posted.

[caro]

Must admit I missed your link too Nick. Well at least the preliminary hearing should have happened now. What a shame it's not enough to stop them doing "business" .......... YET!

[Nicky Bodmin]

Site Team can the link be put as a sticky because then we all can keep an eye on all the hearing dates from the site