urgent help 8 year rule for court action

[desperate44]

I am desperately trying to find the relevant law to quote in a court application to have BOS declared void as my car was over 8 years old when I first took out a logbook loan. Stupidly I did not realise I was "selling the car" ! Can anyone tell me what to quote. Also I assume I have to supply copy of BOS at the application but I don't have anything only the CCA forms - I have read there is something with stamps on that the judge would need to see - I am so confused.

I have renewed the loan 4 times because eac time I could not come up with all of the final payment (I'm self-employed with recession problems) and now they issued a notice saying the agreement would expire if I did not pay a certain amount by the end of August - I did not know about time orders. I know I will need to repay the money but I can't work without the car. HELP please.

[desperate44]

By the way this is a MObile Money loan.

[cctv engineer]

By the way this is a MObile Money loan.

 

 

Hi you need to see trading standards. if all 4 loans have been put against your car then this has made your bill of sale void. you first loan would have been bos and CA. under a bill of sale no loan can be taken out on the car till first has been paid. so if they have given you money against your car without you doing a new bill of sale there is a problem

[desperate44]

HI would you please specify where it says no loan can be taken out until the first loan is paid - which section of Act - I need to state specifics in the court papers and I can't afford a lawyer - I have to do it myself.

Tthanks

[cctv engineer]

HI would you please specify where it says no loan can be taken out until the first loan is paid - which section of Act - I need to state specifics in the court papers and I can't afford a lawyer - I have to do it myself.

Tthanks

 

 

 

Avoidance of certain duplicate bills of sale

Where a subsequent bill of sale is executed within or on the expiration of seven days after the execution of a prior unregistered bill of sale, and comprises all or any part of the personal chattels comprised in such prior bill of sale, then, if such subsequent bill of sale is given as a security for the same debt as is secured by the prior bill of sale, or for any part of such debt, it shall, to extent to which it is a security for the same debt or part thereof, and so far as respects the personal chattels or part thereof comprised in the prior bill, be absolutely void, unless it is proved to the satisfaction of the court having cognizance of the case that the subsequent bill of sale was bona fide given for the purpose of correcting some material error in the prior bill of sale, and not for the purpose of evading this Act.

[desperate44]

thanks for the response but this refers to an "unregistered bill of sale". So if the BOS was registered does that mean I don't have a remedy here?

[applecart]

thanks for the response but this refers to an "unregistered bill of sale". So if the BOS was registered does that mean I don't have a remedy here?

 

Hi Desparate44

 

Hope this is not too late for you.........?

 

I believe CCTV is making reference to the Encyclopedia of the Laws of England (I seem to be quoting this book a lot tonight....) or it could be the Queens Bench Guide 2006. (the encyclopedia gives more indepth meanings)...

 

The fact of the matter is that when there is already a Bill of Sale assigned as a security for a loan - the 'Laws of England' advise that the lender is prevented from making out another Bill of Sale for the same 'commodity' (in a lot of cases the 'commodity' is the vehicle) regardless as to whether they offer you more money and you accept it - it will be the original Bill of Sale that will be recognised in a court of law for the loan amount that it specifically secures - if that makes sense?

 

If you are looking to defend yourself - you will need to access a copy of the CCA 1974, The Bill of Sale Acts of 1878 and 1882 as a minimum.

 

I'm unaware of the '8 year rule' and have found no legislation to support it.

 

But the Acts I have quoted will give you a good basis upon which to make a claim if and where relevant.

 

Apple : )

[applecart]

thanks for the response but this refers to an "unregistered bill of sale". So if the BOS was registered does that mean I don't have a remedy here?

 

 

Hi Ya

 

Get a copy of the Bill of sale (if not already done) the quote given by CCTV refers to 'duplicate bills of sale' (it would appear) - the quote refers to a section of the Law that is there to prevent lenders from creating 'duplicate bills of sale' in the event that they realise that the original is not registered correctly - (which some of them will do - this is so that if you are not aware of the protection available to you - you may unwittingly allow a lender to bring a claim against you using a 'duplicate' bill of sale - where, if the original was available - they could not rely on it)

 

Add to this - that the HCJ clerks do not have to check the validity of registered Bills of Sale - so if you lose sight of the date the agreement was taken out - you could lose sight of which detail to ask the HCJ to supply you with - A way around this is that when you make a request for a copy of a Bill - Always ask for copies of 'ALL' bills of sale in such and such a name at such and such an address.......

 

Hope this helps for now?

 

Apple