Assaulted by Bailliff

[Hacked_Off]

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[JustinWales]

Yes Just as i thought, I was not expecting miracles from the police, But i was expecting some justice. i dont know if i mentioned it earlier but all this happened in front of my 8 year old daughter. who is still asking questions about that day. And still ive had no reply from the police following my statement.

 

I still cant get it in to my head how you can be assaulted on your own property in front of your children, and it be a totally acceptable thing!!

[quackquack]

go through ur local directory first or the yellow pages and find a solicitor in law and on the adverts it should say you can phone them for free advice for up to an hour

[Ibsys]

Do you have an address on their letter heading? I have heard of them and if its the same mob they are debt collectors not bailiffs.If this is correct and I emphasis

the "if" then you are in a totally differant ball game and the police MUST take action immediately for they do not have the power to repossess your car.If everything seems confusing at the moment it is because caggers are short on facts but it will all come together eventually I promise.

 

WD

 

If they are Debt Collectors and not bailiffs, then the car has clearly been "stolen" which could prompt this being brought to the attention of the Police. If the company then say the car was taken as a lien, the Police would then issue a form to them saying they could not sell it if they do not return it. Look up "lien" in law. As there was no court order then the whole event was unlawful, the assault in Common Law, the repo as "demanding monies with menace" (loose description). Certainly is a Police matter. Contact the Chief Constable's Office.

[Ibsys]

Hi there, looking at the paperwork now i see that it does say bill of sale, at the time i had the loan i had to sign about 20 times and the paperwork was like a novel, also it was done inside my local cash generator store at 5pm.

 

I have just found this one one of the sheets

"The consumer credit act 1974 lays down certain requirements for your protection which should have been complied with when

this agreement was made. If they were not, we cannot enforce this agreement without getting a court order."

What does this mean

 

This means if you own more than 1/3 of the car, then a court order is required.

[Ibsys]

Heres the receipt.[ATTACH=CONFIG]29722[/ATTACH]

 

Name & Registered Office:LOG BOOK LOANS LIMITEDBRIDGE STUDIOS 34A DEODAR ROAD PUTNEY LONDON SW15 2NN Company No. 03636230 Is this the Company?

[sequenci]

This means if you own more than 1/3 of the car, then a court order is required.

 

Sadly, not with a Bill of Sale.

 

The 1/3 rule only covers Hire-purchase/conditional sale agreements.

[Ibsys]

Sadly, not with a Bill of Sale.

 

The 1/3 rule only covers Hire-purchase/conditional sale agreements.

 

Unfortunately this is how they do it then. This whole thing is disgraceful.

[sequenci]

Unfortunately this is how they do it then. This whole thing is disgraceful.

 

I totally agree with you.

[Ibsys]

Ive just been on their website now and found this

 

"There are, however, certain complaints that cannot be dealt with by the association. These include where:

 

They include an allegation of violence, or other criminal act – any allegation of violence, or other criminal act, must be referred to the police for investigation".

 

 

I also replied to the letter from logbook loans telling them the statement was a joke, iand im far from happy with their outcome on the matter. and to see if we can come to some sort of arrangement on the £1300 i had to pay as i could not afford this sum of money.

She replied 5 minutes later with:

Dear Mr xxxxx,

 

Thank you for your recent e-mail to us regarding your account.

 

Your correspondence has been passed to the Professional Standards Department for a full investigation and response. We aim to respond to all formal complaints within 14 days of receipt. Should you have any queries about your account in the interim please direct them to the repossessions department on 0844 209 0052.

 

 

Kind Regards

 

xxxxxxxxxxxxxxx

Professional Standards Officer

Log Book Loans

 

Now this is no good to me as i only have 6 days left to get the car back.. and they know that!!!

Im now thinking of cutting my losses and letting the car go, but i will fight till my last breath to make sure this thug gets what he deserves.

 

Demanding money with menaces, unlawfull. Look at the links to law and the inserted information..............................The harrassment Act 1997.................................http://www.legislation.gov.uk/ukpga/1997/40/section/1...............................ANDhttp://www.legislation.gov.uk/ukpga/1997/40/section/4..................................Section 4Putting people in fear of violence.(1)A person whose course of conduct causes another to fear, on at least two occasions, that violence will be used against him is guilty of an offence if he knows or ought to know that his course of conduct will cause the other so to fear on each of those occasions.(2)For the purposes of this section, the person whose course of conduct is in question ought to know that it will cause another to fear that violence will be used against him on any occasion if a reasonable person in possession of the same information would think the course of conduct would cause the other so to fear on that occasion.(3)It is a defence for a person charged with an offence under this section to show that—(a)his course of conduct was pursued for the purpose of preventing or detecting crime,(b)his course of conduct was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or©the pursuit of his course of conduct was reasonable for the protection of himself or another or for the protection of his or another’s property.(4)A person guilty of an offence under this section is liable—(a)on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both, or(b)on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both.(5)If on the trial on indictment of a person charged with an offence under this section the jury find him not guilty of the offence charged, they may find him guilty of an offence under section 2.(6)The Crown Court has the same powers and duties in relation to a person who is by virtue of subsection (5) convicted before it of an offence under section 2 as a magistrates’ court would have on convicting him of the offence.

[old bill]

Demanding money with menaces, unlawfull. Look at the links to law and the inserted information..............................The harrassment Act 1997.................................http://www.legislation.gov.uk/ukpga/1997/40/section/1...............................ANDhttp://www.legislation.gov.uk/ukpga/1997/40/section/4..................................Section 4Putting people in fear of violence.(1)A person whose course of conduct causes another to fear, on at least two occasions, that violence will be used against him is guilty of an offence if he knows or ought to know that his course of conduct will cause the other so to fear on each of those occasions.(2)For the purposes of this section, the person whose course of conduct is in question ought to know that it will cause another to fear that violence will be used against him on any occasion if a reasonable person in possession of the same information would think the course of conduct would cause the other so to fear on that occasion.(3)It is a defence for a person charged with an offence under this section to show that—(a)his course of conduct was pursued for the purpose of preventing or detecting crime,(b)his course of conduct was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or©the pursuit of his course of conduct was reasonable for the protection of himself or another or for the protection of his or another’s property.(4)A person guilty of an offence under this section is liable—(a)on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both, or(b)on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both.(5)If on the trial on indictment of a person charged with an offence under this section the jury find him not guilty of the offence charged, they may find him guilty of an offence under section 2.(6)The Crown Court has the same powers and duties in relation to a person who is by virtue of subsection (5) convicted before it of an offence under section 2 as a magistrates’ court would have on convicting him of the offence.

 

The way this numpty behaved sounds more like Robbery or Assault With Intent to Rob, rather than Blackmail or Harassment, as violence was used in order to take possession of the car. If he and Logbook Loans had no right in law to take possession of the car, the numpty is in very serious trouble indeed and so are Logbook Loans.