Log Book Loans - Bailiff issue not my debt, but its my problem

[Louisa B]

Hello,

 

I have been impressed by all the assistance and advice given on this forum so am hoping someone might be able to help me please.

 

Getting to the point, i bought a motorbike ten months ago from a private seller paying cash (credit card audit trail exists for withdrawl). How dodgy did it sound, "I have not got the log book as i am awaiting its return after change of address". Stolen i thought, steer well clear. But it was a great deal and i rang the DVLA to see if a full V5 could be issued with the slip he provided and they confirmed it was that keeper and no problem. I even got the guy to sign a declaration to state clearly what he had told me about the change of address and sign it.

 

We did the compulsory vehicle check and thought we had every base covered it was not stolen. Then last night a bailiff arrived at night to tell me he was going to take my bike as it was not mine i was only the keeper and it belonged to log book loans. On closer inspection my Gold package vehicle check didnt include financial checks despite stating that "we hold no adverse information for this registration at this time clearly accross the front of the report. (Mycarcheck.com) I thought it was a joke at first but the paperwork was produced and i was stunned this had happened to me. I have been issued with the BOS and am desperately trying to find any void areas to help my case but i am confused by the criteria i am looking for.

 

After a couple of hours a night sleep i am at my wits end, nobody out there on the consumer side thinks i have a hope in helll and shoud get a fair price agreed and pay over the additional money. I cannot afford to buy the bike back and will be £2K out of pocket it feels like someone is trying to walk into my house and fill their pockets with my stuff and i cannot do a thing about it.

 

Please can anyone offer me some advice, i have already removed the bike to another location and its not going anywhere, its mine. If i have to hand it over legally, they can have the frame and no more in a 2" square cube. The bailiff has not seen the bike to know its condition.

 

Damsel in distress

 

Louisa

[postggj]

I can help

 

the bill of sale needs to be linked to a credit agreement

 

can you get hold of this agreenet (copy) from log book loans

 

there has just been a recent high court case in which a judge has decided that log book loan bll of sales are invalid as the person who did the loan also signed the credit agreement and bill of sale as well

 

thats how log book loans do business

 

i take it you still have the bike (hidden)

 

its called assestation

 

can you post up a copy of the bill of sale with the personal bits removed

[Louisa B]

Thank you.

 

there has just been a recent high court case in which a judge has decided that log book loan bll of sales are invalid as the person who did the loan also signed the credit agreement and bill of sale as well

 

thats how log book loans do business

 

The credit agreement i have but i have not made enough posts to be able to put a copy in my thread. Bare with me.

 

 

Yes i still have the bike at a safe house, i told the bailiff that i had put additional parts on the bike and i would have to remove them so he couldnt have it there and then.

[postggj]

Is the same name on the bill of sale as on the witness for the creditor on the credit agreement

 

it should be just after where the borrower has signed on the credit agreement

[Louisa B]

Sorry postggl. I have a letter of authority and the BOS as below, i will need to get a copy of the credit agreement as these are the only two documents they gave. Will it be detrimental to my case to contact them fot it?

 

 

The BOS is displayed below:

 

 

 

[postggj]

You need to be a bit underhand

 

demand to see the credit agreement as you need to see authority that there is infact a credit agreement

 

then see who has signed it for log book loans

 

contact them and ask for a copy or for an agent to let you see iT

[Louisa B]

postggj I am on the case i will start with an e-mail request and follow up with a phone call and post back when received.

[Louisa B]

postggj,

 

I have a problem, LBL will not let me have a copy of the credit agreement because they said "

Under the Data Protection Act we are unable to send you a copy of the Consumer Credit Agreement as you are an unauthorized third party on this account. If you have previously been given a copy of the Bill of Sale this is because this is a public document. "

Is there any way round this?

[postggj]

i would be contacting your local trading standards and inform them of what i have stated in post 4

[Louisa B]

Is the same name on the bill of sale as on the witness for the creditor on the credit agreement

 

it should be just after where the borrower has signed on the credit agreement

 

Sorry, i am not clear, please can you confirm, i need to contact trading standards and informing them of what?

[postggj]

The recent judgement in that if a witness who signs the bill of sale and the credit agreement invalidates the bill of sale so log book loans have no security over the vehicle

[Louisa B]

Postggl,

 

I have sent out a letter but also rang trading standards yesterday.

 

I contacted trading standards they said I need to write to Logbook loans formally recorded delivery and request the credit agreement. She said someone would call me back in the next five days and advised I talk to the national debt helpline about the bailiffs.

I spoke to the national debt helpline they explained that they would have to take me to court in order to enforce removal of the vehicle. They said in this case I would required legal representation and have to be prepared to defend myself. They also stated that the debt collection agency should not persue me and should be told to go away if they turned up again. He said the other people who could help would be Trading Standards, OFT and Financial Ombundsman.

I spoke to the OFT who passed me over to consumer direct who stated the item was not his to sell and we should take him to court over the sale of goods act as he didn’t have title to the property. She suggested I spoke to the information commission about gaining copy of the credit agreement.

I rang the information commission and the lady confirmed that under data protection the credit agreement couldn’t be released unless we took them to court and the judge deemed that the data controller should provide it. They said there are some exceptions but also a court ruling would be required in order for this information to be requested.

I am not sure where to go next to move forward with this, i am locking myself in the house at the moment, when i am home alone as i dont feel safe if the debt collectors could turn up at any time.

[Louisa B]

Postggl,

 

Update - no response from LBL on issuing a copy of the credit agreement, do I have to just wait for them to take me to court and then refer to the recent judgement?

 

Trading standards - advise from them was that i have to hand the bike over and take the seller to court for fraud. Are they all completely loopy? I have to pay to go to court and ask a man with no money to pay his CCJ to pay me too.

 

Regards

 

Louisa

[Louisa B]

I think we finally have made some progress, i have the credit agreement, dont ask me how i got it, what is the next step please?

 

Regards

 

Louisa

[Louisa B]

P.s both the witness signatures match

[dasholme]

Hi,

 

I have been reading this with interest. I have been stung too. I purchased a car in September last year privately for a very good price, did a HPI check at the time and nothing came up. I kept the car for a few months, but then decided to sell on for a smaller car - I sold the car to a friend of mine a few months ago who has since spent around £2k on it and a lot of time and effort getting it up to his standard.

 

This weekend he had a van and trailer pull up outside his house using threatening behaviour and demanding the car saying he was from 'log book loans' and that the car was theirs, unless my friend payed up the cash that was outstanding on the loan! which of course he has because his wife and him were terrified of what they would do and now has come onto me for the cash. I felt it only right that because he is my friend, that I have to now pay him back, which I am very angry about having to pay someone else's loan off!!!!

 

He has described the Bill of Sale etc as you have posted here. Any suggestions on what I can do? I'm distraught at what to do

 

Thank you

[dasholme]

P.s both the witness signatures match

 

Hi Louisa

 

What has happened since this post? I am really interested to know, as I am pursuing a similar thing

 

thank you

[Louisa B]

Hi,

 

I have been reading this with interest. I have been stung too. I purchased a car in September last year privately for a very good price, did a HPI check at the time and nothing came up. I kept the car for a few months, but then decided to sell on for a smaller car - I sold the car to a friend of mine a few months ago who has since spent around £2k on it and a lot of time and effort getting it up to his standard.

 

This weekend he had a van and trailer pull up outside his house using threatening behaviour and demanding the car saying he was from 'log book loans' and that the car was theirs, unless my friend payed up the cash that was outstanding on the loan! which of course he has because his wife and him were terrified of what they would do and now has come onto me for the cash. I felt it only right that because he is my friend, that I have to now pay him back, which I am very angry about having to pay someone else's loan off!!!!

 

He has described the Bill of Sale etc as you have posted here. Any suggestions on what I can do? I'm distraught at what to do

 

Thank you

 

Sadly the respondant to my post stopped responding so i was on my own again on this one. I have sent a letter to LBL stating the situation with the inaccuracies in their paperwork and am awaiting a response. We had a second visit from a bailiff last week but they didnt knock, just poked some paper through the door.

 

It is a weaker position to be in when the cash has already been handed over. Everyone tells you to go for the seller for fraudulently selling the vehicle in the first place and this is still a last resort. You need to look at the 13th of July ruling against the OFT.

[OliviaJ]

I do not have any dealing with log book loans myself, my experience in borrowing is limited by cash loans online, but I have dealt with them on behalf of third parties. My advice would be to hide the car, state that you call the police and bring harassment charges, trespass and possible criminal damage. In one day I recieved over 4 calls and I was shouting at them not to pester my parents who did not have an account them. Another example of their behaviour would be to attend at my parents', late at night around 9pm with four men. This was frightening for my parents' in light of their age, and their rural enviroment.