Baliffs,logbookloan repo help needed !!

[Chookie D]

Hi all

 

Gettin desperate now garage has been contacted by Easylog book and they are looking at settling the invoice to recover the car. The baliffs have contacted them but they are agents of Easylogbookloans.

 

Been in touch with garage bottom line is they are a business but could help if I have documentation to prove wrongful or incorrect documentation.

 

Bill of sale was signed by agent who called and witnessed by the same.

 

No default notice was served under s87 since last payment was due

 

On JSA informed loan company asking for advice on what do I do re repaying loan no response

 

No offer to return car as settlement.

 

want to pay dues but strugling till new job starts 03/06

 

baliffs knocked door but told situation.

 

car in garage due to mechanical breakdown not malicious damage.

 

Questions Can they reposess the car from the garage and as the loancompany are the temporary owners of the vehicle is the garage allowed to release it ?

 

Can they legally pay the garage invoice and then charge me without my consent and can they legally slap this on top of the loan amount

 

Is there anything whilst on JSA I can do to stop this bearing in mind the failure to provide a default notice, bill of sale signatures etc

 

PLEASE PLEASE CAN SOMEONE HELP I AM GOING TO NEED MY CAR WITHIN THE NEXT 2 MONTHS AND CAN AFFORD THE GARAGE FEES AFTER 3 WEEKS WORKING

[caledfwlch]

Is there a Bill of Sale registered with the High Court?

 

As, from other threads, a Repossession would be illegal without the above being done.

[brassnecked]

Is there a Bill of Sale registered with the High Court?

 

As, from other threads, a Repossession would be illegal without the above being done.

Agreed caled, no registration no legality, didn't the Repo Man from channel 4 do illegal repos on non registered loans?

[sgtbush]

If a car is subject to a logbook loan, also called a bill of sale,

the loan company is the legal owner of the car until the loan is paid off in full.

 

If you buy a car that has a logbook loan on it and the person you bought the car from stops paying the money back,

the finance company can repossess the car and keep it until the debt is paid in full.

This applies even if you bought the car in good faith and did not know it had a logbook loan.

 

The loan company does not need a court order to repossess the car.

 

this is from the CAB website

 

http://www.adviceguide.org.uk/england/consumer_e/consumer_cars_and_other_vehicles_e/consumer_problems_with_the_car_you_bought_e/consumer_the_vehicle_you_bought_doesnt_match_its_description_e/you_have_bought_a_car_that_has_a_logbook_loan.htm

[caledfwlch]

Agreed caled, no registration no legality, didn't the Repo Man from channel 4 do illegal repos on non registered loans?

 

Likely every repossession shown was unlawful in some way.

 

If the OP has not yet told them, then he really needs to NOT tell any of the organisations involved at which Garage the vehicle is at.

 

If there is no bill of sale, then the OP could perhaps also make a criminal complaint to the Police that whichever organisation is involved is threatening to steal the car, which would be TWOC a criminal offence. Print out as much information as possible in order to explain to the Police Officer why this is not a civil matter, and that without a BOS registered at the high court, then the Loan company has given just that, a loan, and has no rights of reposession, thus removing the car would be theft.

[caledfwlch]

If a car is subject to a logbook loan, also called a bill of sale, the loan company is the legal owner of the car until the loan is paid off in full. If you buy a car that has a logbook loan on it and the person you bought the car from stops paying the money back, the finance company can repossess the car and keep it until the debt is paid in full. This applies even if you bought the car in good faith and did not know it had a logbook loan. The loan company does not need a court order to repossess the car.

 

this is from the CAB website

 

http://www.adviceguide.org.uk/england/consumer_e/consumer_cars_and_other_vehicles_e/consumer_problems_with_the_car_you_bought_e/consumer_the_vehicle_you_bought_doesnt_match_its_description_e/you_have_bought_a_car_that_has_a_logbook_loan.htm

 

The Bill of Sale though needs to be in a specific format and registered with the High Court afaik.

 

I suspect this is a very grey area in terms of seizing the cars off people who did not take out the loan but innocently bought it.

[caledfwlch]

https://www.moneyadviceservice.org.uk/en/articles/logbook-loans

 

The law only recognises a bill of sale if the lender registers it with the High Court. If it’s not registered, the lender must get a court’s approval to repossess your vehicle. You should check if the bill of sale is registered

 

Presumably registering costs money which of course eats into profits, so I bet a good many are not, I suspect the firms running these types of loans only make the effort to register if its a really decent car.

 

What strikes me as a potential weak spot where an innocent 3rd party has bought a car which turns out to be subject to a logbook loan - they are claiming the new owner is liable, yet there is no contractual relationship between the company and that new owner, and they have certainly not received the benefit of any contract.

 

I would suspect that where the BOS has not been registered with the High Court, the new owner certainly has no obligation to the finance company, and I would think it unlikely that a court would authorise a seizure.

 

There seems to be some "guidelines" (so as much use as a chocolate teapot) to protect new owners under way.

[sgtbush]

https://www.moneyadviceservice.org.uk/en/articles/logbook-loans

 

 

 

What strikes me as a potential weak spot where an innocent 3rd party has bought a car which turns out to be subject to a logbook loan - they are claiming the new owner is liable, yet there is no contractual relationship between the company and that new owner, and they have certainly not received the benefit of any contract.

 

.

 

the person who sold the car had no right to, as the car tech belongs to the logbook loan company

the same way if you buy a stolen car it is returned to the original owner

[caledfwlch]

the person who sold the car had no right to, as the car tech belongs to the logbook loan company

the same way if you buy a stolen car it is returned to the original owner

 

NOT if the Bill of Sale has not been registered with the High Court. In which case, it is effectively just a normal loan, and the finance company would need to go to court to try and gain permission to take the vehicle back. That would also apply to the person who has taken finance - if the BOS has not been registered, then there is no lawful way to reposess without going to court.

[caledfwlch]

For the OP, and any other Caggers/guests looking for Logbook Loans help, I have found this CAG Thread on the process for finding out if a Bill of Sale has been registered with the High Court, and thus whether a car can legally be reposessed.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?283362-Have-you-signed-a-Bill-of-Sale-Take-These-Steps-to-find-out-if-Your-Bill-of-Sale-is-Registered

[Chookie D]

Hi all

To clarify I stupidly got the logbbook loan out fell out off work and on JSA till 03/06 I didn buy it with the loan.

 

Tried to come to attangement with loan co given JSA situation but they ignored my emails missed ayment 10/05 no default notice issued just agents/baliffs on behalf of loan co.

 

Balliffs went to garage and company now loking at repo car from garage and paying repair bill to do so and charge me on top o loan, yes BOS was registered but agent wh came to give oan signed as witness.

 

can garage legally release car or is repo illegal given the S87 ruling