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    • Dear xxxxx   complaint about Logbook Money Limited   The complaint Xxxxxx took out a logbook loan with Logbook Money. Xxxx told us Logbook Money didn’t carry out any affordability checks prior to the loan. Xxx said they have missed information on requesting evidence i.e. payslips and they have conflicting information about a utility bill xxxx provided them.   Xxxxxx told us xxxxx had several large payday loans which all had defaulted including a large guarantor loan to amigo, and Logbook Money should have seen this when carrying out a soft credit checks as told. Xxxxxxxx also told us Logbook Money have applied £884 in charges to an initial loan of £1000.     Details of the agreements (Logbook Loans)   Loan number Start date Capital amount Total repayable Weekly repayment Duration 31 August 2019 £1,000 £2,800.20 £35.90 18months   My understanding is the loan isn’t settled yet. Findings Our approach to considering complaints about unaffordable and irresponsible lending is set out on our website. I’ve had this approach in mind when considering what’s fair and reasonable in the circumstances of this complaint.   Did Logbook Money complete reasonable and proportionate checks to satisfy itself that xxxxxxx would be able to repay the agreement in a sustainable way?   Logbook Money have provided us with the documents they have relied on which includes customer information, income, and outgoings, driving licence, copy of the agreement and bill of sale. They told us they used xxxxxx bank statement to complete the income and expenditure at the time, however due to the lapse of time they don’t hold the statement any longer.   The income and expenditure from the time of sale shows net income was around £2,300, this includes private rent, child tax credit and DWP and her monthly expenditure was £764. This left xxxxx with a disposable income of £1,536 of which she would be expected to make a weekly payment of £35.90.     Considering everything, I think Logbook Money completed reasonable and proportionate checks based on the size of the loan, the interest charged, the monthly repayments and length of the agreement.   Did Logbook Money make a fair lending decision?   As I think Logbook Money carried out a reasonable and proportionate checks, I have gone onto consider whether it made a fair lending decision based on the information it obtained about xxxxxxx circumstances at the time.   Since Logbook Money said they don’t hold the bank statements any longer, I asked xxxxxxx to provide me with the statements. From what I’ve seen, xxxx monthly income across the xxxxx and xxxxxxx account appear to broadly support her income of £2,333 which reflects in the income and expenditure from the time. However, the bank statement I received from xxxxxxx shows outgoings were higher at around £1,344, which indicated a monthly disposal income of around £937 from which xxxxxxx would be expected to make the £35.90 weekly loan repayment. This indicates xxxx still had enough disposable income to be able to sustainably afford the monthly payments towards the agreement.   The screen shot of the credit report xxxxxxxxx sent to me shows Vodaphone, Three and Vanquis account has worsened in August 2019, however this information isn’t enough for me to understand what the credit report reflected at the time -  for e.g. if there were any large balances outstanding, defaults, CCJ’s, accounts in arrears, or missed payments   I asked for further information on 17 November 2021 – a full credit report from the time, including the statement of the account number xxxxxx and statements for all other active account +/-3months the loan start date. Since I haven’t receive the information, I can’t say what this would’ve looked like.   I don’t think there was anything in the information Logbook Money gathered that ought to have highlighted any concerns about xxxxxxx being able to sustainably afford the agreement. I therefore don’t think Logbook Money acted unfairly in approving the finance.   Did business act unfairly in any other way   Xxxxxx told Logbook Money xxxx is unhappy the way the vehicle was repossessed and how the debt was pursued. Logbook Money told us there were two attempts made to repossess the car prior to the actual repossession on 1 August 2021. The first attempt was made on 10 June and the second one was on 5 July 2021, however both attempts were unsuccessful. This would mean xxxxxxx was aware that the vehicle was at risk of repossession. Logbook Money provided us a copy of the default notice that was sent to xxxxxx in December 2020, which outlines the importance of clearing any arrears outstanding and the risk of repossession.   From the information Logbook Money provided us, it shows the vehicle was released to xxxxxxx after xxxxx made a payment.   Regarding the personal belongings xxxxxx said she had in the car at the time the vehicle was repossessed - Logbook Money told us the recovery agent left a message for xxxxxx to contact them to arrange to collect belongings.   In reviewing this case I’ve thought very carefully about the way the business pursued the outstanding debt and considered whether I felt that business fell short of its obligations in responding to xxxxxxx situation.   While I’m sure that this situation may have caused distress and/or inconvenience, I don’t think that this stemmed from Logbook Money making a mistake or acting unfairly or unreasonably. So, I haven’t made any recommendation in relation to this.  Next steps I think this is a fair outcome in the circumstances, for the reasons I’ve explained. But if xxxxxx decides that xxx doesn't accept what I’ve said, then please let me know by 10 December 2021. If I can’t resolve things then an ombudsman here can look at everything again and make a final decision. If I don’t hear from you by that date we might not be able to look at xxxxxxxxx 
    • god this is frustrating for you.   i'll ping @Andyorch p'haps he has an idea, not one of our past history strengths that i can find.   dx  
    • In 2015 I invested £45,200 in a SIPP operated by Guinness Mahon, which is linked to Dolphin, later German Property Group. GPG went into administration to Feb 2020. My SIPP was due to mature in April 2020.   I first took my claim to FSCS. They rejected my claim, I appealed and still got rejected. Their reason was that Wellington CFS signatures were involved in my pension transfer into the SIPP. This was a surprise to me.    I then emailed and called Wellington, several times, eventually receiving an email stating I did not exist in their records.   I then opened a case with FOS. My case has not yet been assigned a case handler.  From what I learned from others caught up in GPG. Wellington are stating their signatures were used fraudulently. Yet there is evidence of them taking fees.    If you want to read more there is a GPG creditors association Facebook site. You will find others on there in the same position. I did write to Wellington CFS and never got a reply.   If you call their Ireland number you get an answer machine. Their office in Devon, does pick up but this is just a receptionist, takes a message and alas no one gets back to you.   I also heard Wellington CFS is linked to Spain. I think the best outcome is that Wellington go into administration, at this point FSCS will be the last resort. 
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Recently moved from England and unsure about Scottish system for CC collection


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I've recently moved from England and mailny thanks to this site have become familliar with the English ballif system and council tax collection. I have arrears from England and was paying the council direct but have been out of work so had to stop paying. I've always ignored Balliffs and never paid anything above the fees they are emtitled to and have never let them into the property. This was made easier by the fact they always called when I was out at work.

 

I have found some part time work so will be able to pay something off the arrere soon.

 

What i'd like to know is can an English Liability order be enforced in Scotland?

 

What are the Scottish equivilant of Balliffs?

 

Is the law up here the same i.e if I refuse them entry they cannot gain access to my property or levy on any goods. They can only charge for 2 visits and nothing more.

 

Thanks in advance for your help.

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Completly different systems.

 

 

Have you lived in Scotland for more than 3 months?

 

WE do not have bailiffs, we have sheriff officers.

 

Rather than attending to remove goods they will apply for a wages/bank arrestment, if you ignore their letters.

 

Ida x

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yes it can be..........

 

How long have you been up here?

 

 

what bailiff company is it?

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I've been up here just 3 days.

 

There is no Ba;;if action as yet but with me stopping payments for 3 months there may well be. I'm just trying to get clued up on the law up here and how things work so that I know my rights etc.

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Ok well then it would be transferred to a sheriff officer up here to serve a charge for payment.

 

http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/185249-have-you-received-charge.html

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Just some more info about enforcing liability orders in Scotland:

 

LIABILITY ORDERS: ENFORCEMENT THROUGHOUT UNITED KINGDOM

 

 

HC Deb 18 July 1991 vol 195 cc526-7

 

—(1) The Secretary of State may by regulations provide for—

  1. (a) any liability order made by a court in England and Wales; or
  2. (b) any corresponding order made by a court in Northern Ireland,

to be enforced in Scotland as if it had been made by the sheriff.

 

 

 

What probably will happen is that you will either receive a letter or visit from the sheriff officers. You shouldn't be intimidated by them and they can only come in if you invite them in - so don't. In fact don't even speak to them if you don't feel like it.

 

They would only be able to force entry after a special attachment order had been granted by the sheriff, which they won't have obtained. There would need to be a court hearing to obtain this of which you would be notified as you have the right to contest the application.

 

You say you work part time so I assume your income is fairly low. The following link is a table of the amounts that could be legally be arrested from your earnings in Scotland and it's useful to be aware of these amounts when requesting time to pay or simply coming to an out of court agreement with the sheriff officers Earnings Arrestment Tables

 

Just remember that if you are going to make an offer of payment to put it in writing and keep a copy :)

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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