Jump to content


  • Tweets

  • Posts

    • If a DCA supplies a reconstituted copy of the CCA what would be the next step. It seems that a reconstituted copy must be a " true copy " of the executed agreement, it must contain the Prescribed Terms. But given that there is no copy of the applicants signature surely it could be an agreement form with the details filled in. How can it be assumed that this " copy " represents a true copy that the claimant has supposed to have signed. Cabot have demonstrated a bit of sabre rattling when they say "Until we're able to provide this information , your account is unenforceable. This means we're not permitted to obtain a County Court judgement against you . Whilst we cannot pursue legal action, your balance remains outstanding ". I looked up a case... Cabot UK Ltd  v  Bachellier (2010) which might help, but it's tough reading, I'd prefer to plough through War and Peace. This particular case with Cabot is not huge , approx' £140, but the only other worry that I have is also with Cabot...£2100. They may try to make a point with lesser case.        
    • you'll never find a court open on a w/end MB. all courts are closed Good Friday and Bank Holiday Monday. However as Andy points out, that does NOT mean you get 2 extra days to file, you get one, same as xmas/new Year. UKPC have not filed their, so no rush on yours as dave says.  
    • Top US magazine slams Britain after 14 years of Tory ‘psychodrama’ The New Yorker’s excoriating report on the state of the UK lays bare how Britain’s withdrawal from the European Union (EU) “catalysed some of the worst tendencies in British politics”. “The only way to think about it is as a psychodrama enacted, for the most part, by a small group of middle-aged men who went to élite private schools, studied at the University of Oxford, and have been climbing and chucking one another off the ladder of British public life" Top US magazine slams Britain after 14 years of Tory ‘psychodrama’ WWW.INDEPENDENT.CO.UK The New Yorker’s excoriating report on the state of the UK lays bare how Britain’s withdrawal from the European Union (EU) “catalysed...  
    • UK travellers are being caught out by post-Brexit passport rules.   When do I renew my UK passport and what is the 10-year rule? WWW.BBC.COM UK travellers have been turned away at airports because their passports are not valid for EU travel.                                   
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Log book loan help needed


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3424 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi,

 

 

I stupidly have a Log Book Loan, which was taken out 3 years ago, due to personal circumstance. I am still trying to pay this.

 

Unfortunately I have falllen behind with my payments,

 

 

I have always been in contact with them trying to explain the situation,

they have before managed to take my car although I did get it back after lending the money.

 

My repayments then went up.

 

I have tried to negotiate a lower repayment, but the lowest they say they will accept is £100 per week.

 

A couple of weeks ago one of the management team contacted me with a full and final offer,

which i would love to accept to finally get them off my back.

 

I asked if they could possibly extend the offer until the end of the month to which they agreed

but demanded £300 immediately or they will instruct a debt recovery agency.

 

I have read alot about BOS,

I do not have a copy of this,

and I cannot find my original agreement.

 

I do remember signing and an employee coming to my house and signing.

 

Could someone please advise as to my next move.

 

Thank you

Link to post
Share on other sites

we really need more details, but general advice would be

 

first check if your bos has been correctly registered,you will need the vehicle reg

how to check:

.

email:QBEnforcement@hmcts .gsi.g ov.uk.[no spaces]

.

ring:020 7947 7772

.

write:

QB Enforcement Section,

Room E15-E17,

Royal Courts of Justice,

Strand, London, WC2A

...

.

ideally you need the BOS number

.

however

they can search by the Reg Number

http://www.justice.gov.uk/courts/rcj-rolls-building/queens-bench/enforcement

 

they cannot repo your vehicle without first sending you a default notice under s87cca 1974

 

with 14 clear days to remedy

 

You could also consider a time order if you are having repayment problems

https://www.nationaldebtline.org/EW/factsheets/Pages/06A%20EW%20Time%20order%20on%20an%20unsecured%20credit%20agreement/Default.aspx

 

I would suggest a sar to the lbl co to gather all the information

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

Link to post
Share on other sites

Thank you for your reply.

Do I have to pay any fee for the search?

I will also send a SAR to request all the information.

 

The Bill of Sale must be witnessed and registered at the Royal Courts of Justice, in the time and manner set out in the BSA, otherwise it will be void and cannot be treated as a licence to take possession. You can check if this has been carried out by making a written request to the Court and paying £5 or visiting there in person and searching the register for free. To search you need to know the name of the borrower, their address and the year of registration. The entries in the register are made alphabetically in the name of the borrower.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

Link to post
Share on other sites

(a) Buying a car under a bill of sale will be a regulated consumer credit agreement – unless the credit is for more than £25k

 

(b) The goods will not become ‘protected’ in the same way as for hire-purchase agreements (for which section 90 CCA provides that if the consumer has paid one-third or more of the total price of the goods, the creditor cannot recover possession except by judicial proceedings or consent).

 

© However, the creditor will not be able to enforce the security unless he has first served a default notice under section 87 CCA and this has expired (after not less than fourteen days) without remedy or the debtor applying to the court for relief.

 

(d) If the creditor repossesses without a valid default notice, the consumer may apply for an injunction or a time order, or seek damages for breach of contract.

 

On this basis, whilst the consumer will have less protection under a bill of sale than under a hire-purchase agreement, he will not be completely unprotected, and the creditor will be at risk of licensing action if he acts unfairly.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...