Log Book Loans - Can anyone help???

[nellie75]

in the first instance ask them clearly to make all correspondence to you by writing, so you have evidence and refuse any phone calls.

Try letting them know about a few laws which are on your side, which include putting a stop to their phone calls if they try and start that business again, as it is in breach of the administration of justice act 1970, in that they are inended to cause alarm and distress to the recipient. the phone calls can also fall under a criminal offence if they do not stop once you have asked them to, under section 127 of the communications act 2003.

Since the car is in your mothers name, if they take it, that is tantamount to theft as it is no longer you property, so they cannot take it, if they do, report them to the local cop shop asap for theft. Consumer direct have been really helpful to me, phone them, they will contact trading standards on your behalf, also let the FSA know. let us know how you get on.

 

Hi Blubata

 

Thanks for your advice, only problem I have at the moment is that they have actually stoped 'chasing' me altogether which is making me nervous!! I wrote to them threatning them with counter court claims, negitive press and media, reporting to every athority i could think of! Even said I had copied letter to Trading standards, local paper, OFT, FST police and even ITV watchdog!!! Since then not heard one word and was getting 10 calls a day most days so I am really on edge as wot their plan of attack is next!!!

 

I will contact consumer direct, thanks for that info, will keep you posted ;-)

[nellie75]

The personal registration number doesn't even have to be transferred to another member of the family. All that has to be done is to arrange with DVLA to have a normal registration number allocated to the vehicle and place the personal plate on retention with DVLA. The number plate is nothing to do with the car and they won't be able to touch it.

 

Thanks Rob S

 

I have started the ball rolling with having number plate transferred onto retention, with the number plate being worth more than the car, keeps it safe

 

Will keep you posted - thanks again

[nellie75]

Hi All

 

I am in a big mess over a loan I took out with "Logbook Loans" I have a thread under vehicle retailers section title Logbook Loans - Can anyone help???? Its a bit of a novel!!

 

I now face problems specifically with the balliffs that were 'threatning' to take the car and wondered if anyone could advise of the methods they use to remove a vehicle and their tactics.

 

I am currently hiding the car away from the house following great advice on my thread. What I need to know is do they often deploy people to follow you to get around this?

 

Should they locate the car at my house or elsewhere, and it is locked with handbrake on, do they need the keys to take it or do they have methods of towing a car without wheels actually moving - sorry if silly question!

 

If they asked us for keys we are ready to call police straightaway and have told them that.

 

I have thought on these security items for the car, Stearing lock (can they brake these once towed?) Wheel clamps and also the metal ballards you can have erected behind where you park. Would any of these be helpfull or can they get round this???

 

We are panicking and would be so gratefull for any advice, there are questions whether the "logbook loan" agreement is unenforsable but time is against me

 

Thank you in advance for any help:)

[rambo]

In my experience they will take the car as soon as they can get thier greedy hands on it.

I had a car on finance and the bailiffs took it over a parking ticket, they dragged it of my drive and put it on a low loader.

Every car I buy now I put in my friends name.

Can you sell the car to a friend?. They can't take what is not yours.

[mutzi]

I've read your thread through quickly, they sound evil. Can't think of a nicer word

 

Best advice is to scan/photograph the agreement (blur out personal details) and let those who know around here pick it apart. Failing that you'll just have to type out any bits you think might be relevant. Best case is you owe them nothing, worst is you go to court and a judge forces a reasonable settlement (I can't imagine anyone seeing their APR as reasonable) over a period you can afford.

 

They will try to get your car by whatever means they can, legal or not. I can imagine them trying to cut the brake cable or forcing a slight gap in the window with one of those inflatable things the AA or RAC use when you lock the keys inside. Have you considered swapping your car with someone close to you until this is over? Not sure about how you would sort out insurance but it'll make it very very hard for them to find.

 

The balliffs have been harrassing you, don't hesitate to report them to the police and then sue them for it. Showing them you know your rights is a good start, use them they'll back right off.

 

Also regarding phone calls, with BT you can block the last incoming number. Not sure about other companies but worth investigating.

 

If I think of anything else useful I'll post on your other thread.

 

Good luck with your baby and don't let these bullies get to you. With help from the people around here and a little patience you'll win. Don't panic.

[mutzi]

Here's a some rather weak OFT intervention: Log Book Loans (Informal Undertaking Obtained effective 23/02/2006)

[nellie75]

I'll answer this thus, First off had you paid at least 1/3rd of the total amount of the loan that being 10K they would not be able to take the vehicle without a court order and/or warrant,the advantage of that scenario would be you would be able to attend any court hearing to defend there claim and state your case.

 

It would also be advantageous for yourself as there case would have to be presented with full documentation, the judge would then have to decide as to whether the agreement is enforceable and/or any other T&C 's of there claim, if not they would be unable legally to repossess the vehicle. You would then be able to file your defense & counter claim.

 

Also the other documents would also then have to filed and presented known as discovery, there second attack (The first being the agreement) upon yourself would then be i suspect the Bill of sale/Lien upon the vehicle would possibly fail as any lien has to actioned in the high court to be a legal and binding document.

 

I obviously cant advise you to move the vehicle or otherwise, but signing over to your mother in the same household is a no go?, this is where the legality of the bill of sale/lien comes in,it doesn't matter the lien is upon the vehicle not the registered keeper V5's are proof of registered keeper not the owner.

 

If the vehicle's not there or anywhere in the immediate area it's safe to a point if locked away somewhere until the legalities are sorted and or a defense and counter claim is filed, if without a court order the vehicle is repossessed (That being at least 1/3rd has been paid) and they force entry to wherever they think it is it would then be criminal damage & theft.

 

Be aware that these cr*t*ns will attempt to ascertain as to where the vehicle is especially some of the more persistent one's will even follow you in a hope to find what there looking for.

 

If as you say the plate is worth 22K remove it as it was not the original that was assigned to the vehicle it is private registration?.

 

Well there you go i hope some it helps you, and remember no claimants like full defense's & counter claims especially Lbl Ltd which included extortionate credit bargain amongst other matters when i filed mine it ran to 102 pages and it never got to court?.

 

Thanks for that

 

I think I will try and pay off a 1/3 of the agreement so this applys, giving more amo

[v_j_r]

@nellie75:

 

Seriously though you will have to act a bit more quickly at this stage of your problem, remember for every week that go's by another payment is potentially added according to the T&C's of the purported agreement!.

 

Have you paid anything since this became a problem? sometimes a token payment is favorable? or better still advise them that all payments are being deposited in an account pending a potential challenge to there or any enforcement actions!.

 

At present they have the upper hand in that the amounts paid are minimal and do not need any court orders to repossess the vehicle,and in any case how are you going to argue that a repossession is unlawful if a "Term" is unfulfilled the one third term.:?

 

Regards.

[nellie75]

@nellie75:

 

Seriously though you will have to act a bit more quickly at this stage of your problem, remember for every week that go's by another payment is potentially added according to the T&C's of the purported agreement!.

 

Have you paid anything since this became a problem? sometimes a token payment is favorable? or better still advise them that all payments are being deposited in an account pending a potential challenge to there or any enforcement actions!.

 

At present they have the upper hand in that the amounts paid are minimal and do not need any court orders to repossess the vehicle,and in any case how are you going to argue that a repossession is unlawful if a "Term" is unfulfilled the one third term.

 

Regards.

 

Thanks for your reply and continued help

 

Yes I agree there is an urgent problem. I have paid £2000 so far to the agreement and was only a week in arrears when they started threatning me with repossesion. I just couldn't afford £225 a week, or £900 a month and offered lower payments but they were not interested and would not hold action on any payment lower than agreed. My house sale had fell through and i was 7 months pregnant and not able to work (self employed). I offered £100 a week and paid twice on time but as they told me they wouldn't hold action and passed it to balliffs anyway. I just couldn't reason with them and i thought if i was going to lose my car anyway why keep paying them

 

I did get another buyer for my house and I am more than willing to pay the original settlement figure of 14k which I have told them. However, they have told me they want 44k or they will reposess, I asked them if I paid 14k would they still go ahead, they said yes and basically its 44k or bye bye car

 

In echo to my sentiments throughout this thread I truely believe they make their money on the sales of repossesed cars and rely on people not being able to keep up with their massive repayments and interest. I only took out the loan as i fully expected to repay it within 4 weeks but then things went wrong, and they started making my life a misery.

 

If I pay 14k that cover 10k loan (6k interest inc wot i have already paid) and hopefully i will be covered by 1/3 rule. But do i really want to send them my money if i lose my car anyway :? For moral reasons they will get back what they gave me, pity they don't work on the same principle

 

I really do appreciate all advice I have received from everyone on here, will keep you posted x

[nellie75]

P.s Will write to them saying I am keeping money in an account like you said - thanks

[nellie75]

Here's a some rather weak OFT intervention: Log Book Loans (Informal Undertaking Obtained effective 23/02/2006)

 

Hiya Matzi, I agree a little weak but very helpfull thankyou, have you had any trouble with them?

[tsvakayi66]

Hi Everyone

 

Could anyone offer any advice on "logbook loans"

 

Last year i was facing debt problems and decided to remortgage my house because things were getting worse to the point i had balliffs from 3 different companies calling at the house. Remortgage was approved but was told it would take about 6 weeks to complete. The thought of dealing with the debts for that time was unbearable, none of them would lay off when i told them i would pay when money came through. I was 6 months pregnant and needed cash quick to stop the pressure. Because i had run into difficulty with my debts due to extreame pregnancy sickness and being unable to work (I am self employed) my credit rating went down the pan therefore i was unable to get cash quicker by way of an unsecured loan.

 

In a moment of madness i contacted a company called "Logbook Loans". I owned my car and it is worth about 16k, i also have a number plate on it which is worth 22k, sounds flash i know but it was my dream number plate and i paid for it over 5 years and that ended last year. They were offering me 10k secured on my car and i was to give them my V5 logbook as security. I talked it over with my husband and because the remortgage had all been agreed and i was told it would be about 6 weeks untill we received the cash it seemed like the best solution to take out the loan, pay off the debts and pay loan back when cash came through. They said they would also give me 5 weeks untill the first payment was due so it sounded perfect. Somebody came out same day with paperwork which i signed, they put a tracker on the car and took my V5 logbook. I felt so relieved when i was able to pay off the balliffs and try to enjoy my preganancy dispite being ill, i was very gratefull to logbook loans for helping me dispite my credit rating and their prompt service. Was just a case of waiting for remortgage to come through or so i thought.

 

About 6 weeks later as expected the remortgage was ready to complete then i got a call from the remortgage company with the devistating news that my mortgage company had refused consent of the secured loan due to recent mortgage arrears. I called them and explained reasons for the arrears but they would not budge and said i needed 3 months clear payments before they would consider the loan. I did think this was fair enough and they were acting as sensible lenders by protecting themselves but i went into a blind panick. By this time i was recieving income support, my business was ticking over and just making enough to pay the mortgage after i brought it up to date with the loan, but what about everything else????

 

I contacted logbook loans straightaway to explain situation, i calulated first payment would be due end of that week. I needed a bit more time to sort something out, i had to do something or my business would go down the pan and we would lose everything. Then they dropped a bombshell, they said i was nearly 6 weeks in arrears and they had already started procedures to take my car. I explained about the 5 week first payment agreement and they said they had no record of it and did not even offer that service!!! I was in shock, not only was there no "payment holiday" included, i had not received any notification whatsoever to say i was in arrears let alone they were going to take the car. By this time i was beside myself but the best was yet to come, i decided not to continue arguing so i said i would try and get the money together, the repayments where £220 per month so i asked if i sent that, could they stop action to take my car? Then they dropped another bombshell, they said i was over a thousand pounds in arrears, What???????!!!!! They said the repayments were £220 a WEEK not a month!!!!! I said there must be a mistake because the girl definately said a month and i was sure that was the agreement. The loan was over 3 years, who would take out a loan for 10k and pay £1000 a month for 3 years, they said that was what it was and because i had defaulted i had to pay back £44k !!!!! I could not believe what was happening. On top of all the shocks they were being very uncaring and abrupt with me on the phone and talking to me as if i was a piece of dirt saying i had to pay up or the car would be taken and it was my own fault etc etc.

 

The next week or so is a bit of a blur, constant telephone calls everywhere searching for a solution, i tried everything, even borrowed money from my parents but money got swallowed up by my oferdraft when the bank cancelled facility because i was 18 pence over my limit (but thats another story). The phonecalls from Logbook loans were constant and threatning and still had not received any correspondence at all untill i got letter from balliffs. It was then that my frustration and dispair turned to intense anger, these people were making my life a misery, i wasn't sleeping or eating and crying constantly, bearing in mind i was due to give birth at anytime. I was getting to the stage of begging rude, unhelpfull and arrogent people and felt like a criminal. I had enough and decided to take action to protect myself, my husband and my children from these people. I phoned DVLA asked for a replacement V5 logbook and as soon as i got it, i signed the car over to my parents. I didn't care what happened to me or wether it was legal to do it, i would rather give car away than let them take it but obviously my parents still consider it to be my car and i have full use of it.

 

Following advice from a debt councilling service, i wrote them an email saying i would not stand any more harrassment from them otherwise i would go to police, press, TV etc. I asked them if they were regulated by cunsumer credit act and i would report them to office of fair trading. I said any atempt to enter my house was illegal without a warrant and if they applied for one i would defend the claim on grounds of misleading and unaccurate advice prior to taking out the loan (can't remember the name of the law now). Also my first husband was killed and was an ex-serviceman so i am still protected by them regarding debt issues (only for advice - but didn't tell them that) I did not tell them i had signed car over to my parents either.

 

Its so scary how this company operates, they prey on people who are in trouble, knowing full well nobody can afford the repayments. Anyone who had £220 a week to spare certainly wouldn't need their services or accept the rate of interest. I struggle to see how anyone but them can win at the end of the day and i am astonished i have never heard any complaints about them before. I truely believe there sole business objective is to "steal" cars and sell them on and i want to let everybody know what kind of people they are dealing with if considering this type of loan. Some websites doing these loans actually advertise cars for sale - its totally sick.

 

The current situation and the reason for this posting is what i do now??, since i sent the email I have not heard from them once and was receiving calls 5 times a day at one point. Them being so quiet makes me nervous and that is mainly because i have no idea whatsoever how i stand legally with this type of loan because nobody seems to know. The car is in my mums name, was it legal what i did or can they still take it? If they take the car will they have rights to my number plate also which i mentioned previously?. To be completely honest i don't want to give them a penny for what they have put me through, i had a baby in the middle of all this and it ruined that experience for me. I know i will have to pay them back but if i could find out were i stand i can face them again. To raise the money we needed my parents are buying my house from me untill things improve and we hope to buy it back, i have about 40k equity and sale going through in next week or so.

 

Well if you are still awake reading this i would be gratefull for any advice!! Or if somebody can point me in the right direction that would be great.

 

Kind Regards

 

Nellie75

 

Contact [email protected], or on 0845 307 4000 or 01992 822800 send your post as you have written it here, but you may need to be a member, though they can give advice, you will need to hear what they say first. Generally they are very good, but most people do not know how much help they can be, this is first hand information I am giving you...

 

See below what the law says, log Book Loans are aware of this and they know where it can land them if they persist. The law is very clear on misselling, they could end up paying you for stress during your pregnancy. I know you are being responsible, you want to pay them back but I would not have just sat there and let my wife be subjected to such trash because I owe money. Try using a solicitor you may be entitled to compensation for stress.

 

READ THESE STATEMENTS

 

Creditors / Collections

It feels like my creditors are harassing me, what are my rights?

It is often difficult to know what to do when you feel a creditor is not dealing with your account fairly. If you do not pay, your creditors are allowed to keep reminding you from time to time but they must not act illegally. Many activities could be classed as harassment but this is often difficult to prove. It is important to note that 'anything done by a person which is reasonable' when trying to recover a debt, is not considered to be harassment.

Guidelines have been put together by The Office Of Fair Trading giving guidance on what activities may be considered as harassment and should therefore be avoided by creditors.

Creditors are warned by the Office Of Fair Trading that they should not: -

• Bring unreasonable pressure to bear on you in default of payment

• Falsely claim that criminal proceedings can be brought for non-payment

• Falsely imply that they may legally seize property or take other action without going to Court

• Impersonate a Court or any other official person, by letter or by telephone

• Make nuisance visits and phone calls, or use abusive or threatening language in person, by letter or by telephone

• Leave messages for you to contact someone urgently with no explanation

• Contact you at work, or the customer's employer with intent to create embarrassment and create fear of dismissal

• Wait outside work on payday

• Park outside your door in a vehicle marked 'debt collectors'

• Call on the neighbours, pretending to believe the neighbour is you

• Send insufficiently addressed postcards

You cannot be prosecuted in the Criminal Court because you have not paid a consumer debt, but some creditors may try to make you think you can, this is also illegal.

If you feel you are being harassed, you may take the following action:

The first step is to write to the creditor and outline your concerns regarding the company's behaviour. Inform them that you are familiar with the terms of Section 40 of the Administration of Justice Act and ask that the creditor take steps to avoid similar occurrences in the future. Make suggestions as to how youwould prefer to be contacted by the creditor and ask that they confirm their agreement to this in writing.

However if you do feel the need to make an official complaint regarding a creditor, this should firstly be made to your local Trading Standards Officer. If Trading Standards will not act it may be worth contacting the Office of Fair Trading.

[JonCris]

Thanks joncris

 

I am still trying to work out best thing to do, we left the car in a street in the village last night and same tonight but I have just got a question, sorry if its a silly one but nobody here seems to have answer in my family. When a car is parked and locked with handbrake on, how do they actually move the car? With a towtruck do they not need the wheels to move to actually move it?? or do they have means of picking it up or can they drag it?

 

You are probably thinking ' do wot the heck you like then'!!

 

I would imagine they need a big truck and in a quiet cul-de-sack and a barking mad beagle dog in our house I can't imagine how they would do it without us knowing. I plan to hold my husband back and dial 999 in front of them. Point I am trying to make is that when the car was not here last night I was more nervous about it being taken than in our drive, I am going to start a thread on the balliffs section about this as I have heard some balliffs will follow you to find cars and i think i am dealing with sneaky type!!.

 

Thanks again and will keep you posted

 

They will probably have had a key supplied using the details on the reg docs.

[meggyweggy]

That depends as i had to get a new key for an old car of mine went to dealer and they say you have to prove you are the legal owner of the car for example provide them with a V5 for the car and they will check that it is the most current one and as well as the V5 I had to show proof of who i was with proof of address especailly if the key is a remote central locking one and is coded.

[JonCris]

Thats if your a member of the public.

 

Finance companies get keys supplied by dealers & manufactures all the time & even if they don't have a key there are many other ways of getting in

[meggyweggy]

Surely though if they Force entry or cause any damage to the car they would be legally obligated to have made good

[Boobaby]

Surely though if they Force entry or cause any damage to the car they would be legally obligated to have made good

 

They're not going to damage a vehicle that they see as potential readies are they? These are not nice people you are dealing with here and as Joncris said they have their ways believe you me they will stop at nothing !!

[meggyweggy]

Yeah there is that. As i am having conflict with these people my self think the best thing to do is to just call the police if they turn up, request there baliff registartion and a copy of the court repossion and contact the court direct to confirm they did issue one. I am within my rights doing all that arn't i.

[Boobaby]

Yeah there is that. As i am having conflict with these people my self think the best thing to do is to just call the police if they turn up, request there baliff registartion and a copy of the court repossion and contact the court direct to confirm they did issue one. I am within my rights doing all that arn't i.

Hi Meggweggy do you have a thread of your own on this crew?

[meggyweggy]

Yeah i have posted about them under log book loans LTD just below this thread

[nellie75]

Hi All

 

I have had major problems with Logbook Loans as discussed in Logbook Loans - Can anyone help??? Thread.

 

Because of my problems I have posted on a few sites and somebody else who I have been corrisponding with is also having a real nightmare. I told her about the site and she has tried to register but is having problems doing so. She is battered and bruised and on verge of giving up so I said I would ask advice on her behalf because she really has been stiched up and everyone been so helpfull to me. Spent all of last night trying to help her but i wasn't sure about few things.

 

She is on the other side in a way, in that she doesn't owe Logbook Loans any money but she bought a car in good faith not knowing the previous owner had taken out a loan with them.

 

Out of the blue a balliff litterally ran her husband off the road after balliff 'spotted' him driving along in the car, he pulled up very suddenly in front of him. The balliff came to the window of car, did not identify himself and snached the keys from ignition. Her husband called 999 in a panic and police did not come out but spoke on phone with both him and the balliff. Police told her husband that balliff needed a warrant otherwise he couldn't take it. Balliff then told police there was a warrant but it was back at the office and he would fax it to the police (he had previously said he didn't need one - don't know if 1/3 applies?. Police gave him permission to take the car, balliff laughed in their faces and started whistling as he loaded car and went.

 

This only happened on Friday, she has been trawling the internet all weekend and is exhaused, she has 2 small children and has not slept since it happened, I am now in telephone contact with her.

 

Where does she stand? I know that as an innocent purchaser she is entitled to car under consumer credit act. But as we all know these cowboys don't play by the rules and I am scared my advice is going to come too late.

 

Situation at the moment is that a policeman came around today and said he wasn't sure what will happen but he was back on duty on wednesday and would look into it!!!!!!! He said previous owner could be done for deception but i know thats not the case.

 

I know she needs to get legal advice and quick but she really is shattered and can't think straight.

 

Anyone know what I can tell her to reassure her, or do you think Logbook loans are in the clear?????

 

Thanks so much in advance

 

Nellie75

[nellie75]

P.s Policeman who came was a community officer and didn't seem to know much about any of it - I couldn't believe it considering they called 999.

 

Police has spoken to balliff and told them they where a 'proper' firm because he had looked on their website???!! - Gemini International private balliffs?? Balliff then changed his mind and said they didn't have a court order as such but relevant documents??? He was faxing them over to policeman on Wednesday.

[nellie75]

Hi All

 

I am still fighting my case with these cowboys. Have car in cousins garage untill I get things sorted - thanks for advice everyone.

 

I have been away and got back friday and ended up in 5 hour conversation with somebody who has had first hand experience of Logbook loans balliffs and ended up on phone with her - scary stuff. Have started thread on her behalf

 

Will keep you posted on my fight with them.

[meggyweggy]

This sounds very irresonsable ofthe police to ell the Baliff on the phone he could take the car without seeing any sort of documents. Did they get any sort of reciept or something like that for the car being removed. Was the car bought provate or through a trader

[v_j_r]

I had a forum user "liamarkfin" who had suffered a similar loss of his car by Lbl's so called bailiffs (repossessed for the same reason), his vehicle was subject to a loan taken out by using apparently his ID and with log book loans albeit not by himself thats scary stuff.:o

 

His vehicle value was approx £8,500 after advice from myself he is at last (a week ago) well on his way to getting his car back and more?.

 

I know it's a different situation but i can see this going one way only at present but can you advise the below please.

 

What is the age of the car? and approx value? please meggyweggy, no i dont want proof just some figures on here's fine.