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carterboro

my car is gone

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my car is gone

 

whats my next move?

 

Hi Carterboro...

 

Hopefully you are spending a bit of time looking through the various threads on the forum???

 

But there is an interesting piece of information that may assist you and others...

 

Hip hop posted a link to the Encyclopedia of the Laws of England;

It makes reference to the situation where a car is sold by the lender where the Bill of Sale may be unenforceable due to Section 9 of the Bill of Sales Act 1882:

 

It read:

 

'Section 9 avoids a Bill of Sale in toto, so that the grantee cannot even sue on the covenent for payment. He can only recover the money actually advanced with interest at 5% on an implied agreement (Davies v Rees 1886, 17 Q B D 408'

So, you question 'how does this help me?'

 

If you can show your bill of sale is unenforceable - and you can show that the Bill of Sale does not comply with section 9 (form of a bill of sale) - then you can sue them for more than just taking your car - in fact if by any slither of their imagination they believe they can take you to court for the money outstanding under the agreement - you can advise the Judge that the max they can claim is the amount orignally loaned plus 5% (this is useful - if you have paid them that amount prior to them taking the car).

 

Hope this helps?

 

Apple : )


[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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