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car cash point - Log book loan help


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hi i dont know if someone will reply

but if the agent who is the witness on the bill of sale uses the company address

as their address on the bill of sale is this void or not please help

 

they turned up to take car but as i had paid an amount a few days prior they did not take it

as phoned company and asked whats going on

 

 

firstly the person i phoned giggled and said i bet you were scared and that they forgot to cancel the repossession

also the day before the people turned up for the car

i had come to an arrangement with the same lady who i spoke to on the phone

and i still had no idea that the next day they planned to repossess as i never received a default at all.

 

 

Also the agent who was the witness on the bill of sale used the address of the company and their own is this allowed please

 

1) can the agent who is the witness on the bill of sale use the company address as their address.

As i read somewhere that it must be their home address as they dont live at the company.

 

2) Secondly the people turned up to take car and i did not have a clue this was happening

i did not receive any default letters but as i borrowed some money to clear some debt as i had lost my job no fault of my own

 

 

i phoned the company asking what is going on in which the person giggled and said bet you were scared

i was in utter despair getting laid off work and found this comment was a punch in the heart.

 

 

this same person said sorry we forgot to cancel the repossess order so they never took car

but over a three day period prior to the people turning up i had been making arrangements with the same person

who giggled at my distress

 

 

we had made arrangement which were accepted but i was made to pay over half my income

now being jobseekers allowance which is paid fortnightly of £143 in which they wanted a fortnightly payment of £76

 

 

i begged for some compassion because this amount i am expected to pay is set up for me to fail as i was going without food sometimes

but this amount is taking food from my children they didnt care

 

3) when i was first laid of i sought help from citizens advice who phoned the company a

nd to lower my payment which thy did for a month

 

 

my adviser asked if i could pay £20 per week in which they wanted £25 but still in same situation im now forced to £38 per week.

Even though prior to getting the loan a manager made me feel so secured in getting the loan including how they would help me if a financial situation did happen

which i now feel was false information just so i take the loan

 

4) it also states in the contract to allow 30 days to get over the shock of a loss in finance which when my advisor from citizens advice

was not informed about no one offered me any offer of a 30 day hold on payment.

 

i am now in a constant state of worry that my car will just disappear if i do not manage these payments

in other words take food of myself and children.

i really need my car for job interviews children to school help take are of ill nana.

 

i would not of got the loan if the manager hadnt have been so reassuring in how much help they would give people

and i did not know i would be laid of my job which is not my fault please help

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yes they can read this:

 

 

from my notes.

>>>>>>>>>>>>>>>>>>

logbook loan repossessions are not always legal,

.

if linked to a CCA agreement or if the BOS has not been registered with the high court.

.

If BOS registered then yes they can reposses,

but have to show registration and debt details.

Registration

A bill of sale can only be enforced if it was properly registered.

Since this is an expensive and difficult process,

it is rare that this actually happens.

However, failure to register the bill of sale renders it void,

and so renders any security on goods void.

.

Consequently, before allowing any creditor to gain possession of your goods,

ask to see a registered copy of the bill showing the supreme courts seal.

.

You can also call the national debt line, and ask them how to search the registry yourself.

.

Also a valid DN must be issued.

.

If linked to a CCA then can not reposses if on private property without a court order

( but can if on public road and under a third has only been paid ).

.

Over a third, they need a court order wherever it is.

.

check for...[bOS]

.

No Independant signature

No Independant Witness

Not Registered With The High Court In 7 Days

not registered AT ALL!

.

Credit Agreement Details Not On The Bill Of Sale

.

how to check:

.

email:[email protected] 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

.

...............

also see:

http://www.fca.org.uk/firms/firm-types/consumer-credit/consumer-credit-research/logbook-loans

.....

Do you have a problem with a Logbook Loan?

With Citizens advice estimating that over 60,000 of these loans were taken out in 2014 alone

an increasing number a causing severe difficulty and distress for borrowers.

.

In this guide we explain what a logbook loan is, and how they work.

What you can do if you have a repayment problem,

and what you can do if you have unknowingly bought a car with a logbook loan attached.

.

Three golden rules for Logbbok Loans

.

1)No matter how desperate you are to purchase a car, or raise cash,

NEVER consider this type of Finance

These loans are designed purely for the benefit of the lenders.

With APRs of 400+%, little consumer protection, and aggressive debt collectionicon practices

they should be avoided at all costs.

.

2)When purchasing a used car from whatever source,private or trade,

ALWAYS do a FULL GENUINE HPI CHECK costing around £20,

these come with a guarantee against any form of existing finance, including lbl's

.

3)If you have any problem with a Logbook Loan,

your first step is ALWAYS to check that the Bill Of Sale has been registered

with the High Court. You can do this here-

.

to check if registered

.

Contact Details

.

QB Enforcement Section

Room E15-17

Royal Courts of Justice

Strand

London

WC2A 2LL

DX 44450 Strand

.

Telephone: 020 7947 7772

Fax: 0870 324 0024

Email: [email protected] ov.uk

.

You may read on the internet that your BOSicon will be void if witnessed by your lbl lender

.

Since the OFT( as was) lost the attestation case on appeal by 2 to1 this is NOT the case

.

full details here http://www.bailii.org/cgi-bin/markup...method=boolean

.

Logbook loans are a form of credit dating back to the Victorian era,

derived from the 1878/1882 Bills Of Sale Acts, with terms and conditions to match in many cases.

.

Problems are manyfold from extortionate charges by lenders for calling a customer,

to repossessions where owners have been left at the side of a busy road,

unable to get to work, and even sexual harassment via debt collection.

.

Poor practices abound, unsurprising when there is no incentive for lenders

to ensure their customers understand the terms or can afford the repayments.

In fact the very nature of this form of finance could be seen to encourage bad behaviour

– why carry out affordability checks if a single missed payments means you get to keep

the money and takeaway the car?

.

.

How does it work?

.

When you take out a logbook loan you will be asked to hand over your vehicle’s logbook

or vehicle registration document, which proves you are the registered keeper of the vehicle.

.

You’ll also have to sign a credit agreement and a form called a ‘bill of sale’.

This means the lender now owns your vehicle on a temporary basis

but you are still able to use it so long as you meet all loan repayments.

.

These documents are recognised by law in England, Wales and Northern Ireland

but are not used in Scotland.

.

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.

.

What you should do if you have a repayment problem

.

1) check your Bill Of Sale is registered as above

.

2) the lender must send you a default notice which complies with the requirements of s87(1)cca1974

.

allowing you fourteen clear days to remedy any default (which can be after one missed payment)

.

You should , if your lender will not negotiate a reduced payment, straight away on receipt of the dn

.

look to take out a time order. This gains you the protection of the court, which can look into the overall loan--

https://www.nationaldebtline.org/EW/...t/Default.aspx

.

What you can do if you have purchased a car with an existing logbook loan

.

If you receive a letter threatening to repossess the car or an enforcement officer

turns up at your home to take it, you may not be able to stop them.

.

•ask to see proof of their identity and their authorisation to take the car

•ask to see the bill of sale document – they have to show you this if you ask for it

•if you feel threatened by how an enforcement officer is behaving, call the polic

•ask for written confirmation of what has been taken

•get the contact details for the logbook loan company.

.

If the lender has taken your car, you can try to get it back

and reclaim your money from the seller.

However, this can be a costly and time-consuming process and is not guaranteed to succeed.

.

If you want to get the car back, you could pay off the outstanding loan

and then take the person who sold you the car to court, to try to get your money back.

.

If you just want to get your money back, you can take the person who sold you the car to court.

Always get independent advice before you decide to take someone to court.

.

Some lenders are members of the consumer crediticon Trade Association (CCTA),

which has a code of practice covering logbook loans.

The code of practice says the lender must register the logbook loan on a register,

so it will show up when you carry out a history check on the car.

It also says they must obey certain rules when they repossess a car.

.

If you are unhappy with the way a logbook loan lender or its enforcement officers have behaved,

find out whether they are a member. If so, you can complain directly to the CCTA.

However this code is regularly ignored

.

http://www.ccta.co.uk/content/our-code.aspx

.

Finally both the Financial Conduct Authority and the Law Commission are investigating

Logbook Lending and the associated legislation,

full details here--

.

http://www.fca.org.uk/firms/firm-typ.../logbook-loans

.

http://lawcommission.justice.gov.uk/...ls-of-sale.htm

.

for anyones info, you must act immediately on receipt of a default notice

.

What you should do if you have a repayment problem

.

1) check your Bill Of Sale is registered as above

.

2) the lender must send you a default notice which complies with the requirements of s87(1)cca1974

allowing you fourteen clear days to remedy any default (which can be after one missed payment)

.

You should , if your lender will not negotiate a reduced payment, straight away on receipt of the default notice look to take out a time order. This gains you the protection of the court, which can look into the overall loan--

.

https://www.nationaldebtline.org/EW/...t/Default.aspx

.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes my advisor asked me to get them to send the courts stamp which was registered in the 7 days

 

 

i have to do as they say or lose car so unfair i didnt ask to be laid off gutted

 

i have complained to the company about all the above as they did not follow what's stated in the contract such as the 30 day freeze

and the fact of no default was issued

 

 

the treatment i received no compassion etc but

 

 

i am guessing nothing will come of it

 

 

also i live in accent housing flats and when you enter the carpark it says private carpark are they still allowed to clamp cars

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who is the company please and how much have you paid..more than 1/3rd?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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car cash point

 

 

i had one loan which i have defo paid 1/3

 

 

i still owed money to the first loan being £700 dd

the £60 for agent £760

 

 

i got a second one in january only because the mot cost was £350

i got a £400 the second time well £460 with the cost for the agent added to get the money from mot

 

 

so im not sure what i have paid on the second one

 

 

but still have a debt outstanding for £274 in total

 

 

i do not have a clue what i owe in total or what i have paid

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sar time to car cash point then.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Also i emailed my complaint to them on the 19th July but not heard anything

 

what is the process of complaints anyone know

 

i went on their site and left a message about a week ago asking for the complaints process and still no one has replied

 

also though out ive been emailing a certain person i sometimes tagged the manager in them and not once has he replied to them

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Yes get all the statements

 

Not sure on this £60 agents feemind

 

DX

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

i was asked if i wanted to pay the £60 to the agent

which obviously if i had £60 lying around i wouldnt need a loan so they added the £60 on as the the loan

 

so in reality im paying their agent to come to my house and then paying interest as its added to the loan being £760 instead of just £700

 

same with the second car loan £400 but paying agent totally loan is £460 i was shocked at the £60 i had to pay their agent shocking

 

Also i emailed my complaint to them on the 19th July but not heard anything what is the process of complaints anyone know i went on their site and left a message about a week ago asking for the complaints process and still no one has replied also though out ive been emailing a certain person i sometimes tagged the manager in them and not once has he replied to them

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What is this £60 agents fee?

Is it in their t&c's....

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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just gone through paper work

 

the agent had a form with him states that agent visit fee for completion and sign up of loan agreement £60 and i give car ash point to deduct the 360 from my loan advance as payment for home visit.

 

so because i wnted £400 they issued me with £460 so they can then pay me £400 and give the agent £60 so its another way they can add more interest because the loan contract is actually for £460 even thugh i only got £400 in the bank shocking. Do you know the complaints time process x

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terms and conditions please

I do not think they are allowed to add int for any arrangement fees

 

Is it stated on the signed agreement itts covered by the consumer credit act 1974?

 

Complaints process is 56 days

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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hi is they anyway i can attach the documents so you can look at them

 

i cannot see any where in the terms and conditions any mention of a £60 payment

it just looks like the amount of credit is £460 and the interest £1656.92 total owed £2116.92

no mention of a payment of £60 in terms and conditions just the seperate on i mentioned earlier xx

 

also in the witnesses of deeds where the line says in the presence of : that is blank is this allowed to be left blank

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follow the UPLOAD

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I'm worried that you're only receiving JSA at the moment - if you have children you should also be receiving child benefit and child tax credit for them.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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hi

i get child tax credits and child benefit for one child

but due to borrowing money to pay a lump sum to pay some of the debt to car cash point

 

im using these to pay back this debt weekly

also i pay £15 a month to car tax aswell

as car insurance per month

and thats why im left with on job seekers allowance

 

car cash point are making me pay £38 per week the same amount due when i was working

 

if i had known i was going to be laid off i would not have got a car loan but my work closed unexpectedly sreducing my income

 

they still want me to pay the same weekly amount and im also going to college

interviews job centre

child to school

look after my ill nan

 

i really need my car

i got in total £1100 loan and am paying £4000 back

and what ever else they bang on top

 

the manager prior to getting loan made me feel so reassured that they will be helpful blah blah i fell for it but

 

since getting the loan every email i have sent to manager never gets replied too

 

its like he got what he wanted me getting a loan but now he cannot be bothered with me probably moving onto next poor person who will fall for his speil

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£4000 for £1100???

 

I think you need to get some advice from a debt specialist on this - you're paying far more than you can afford to keep your car, but you need the car.

 

It sounds like they feel they have you over a barrel - you don't pay and they take the car, which is probably their aim anyway.

 

What is your car worth?

 

A debt specialist would be able to look at your contract, look at your income and expenditure and other debts and some may be able to act on your behalf (but only go to someone reputable and accredited), for instance at a welfare rights organisation or cab.

 

http://www.stepchange.org/Debtinformationandadvice/Typesofdebt/Logbookloandebt.aspx

 

national debtline: Free Helpline: 0808 808 4000

 

https://www.citizensadvice.org.uk/about-us/campaigns/current_campaigns/recent-campaigns/logbook-loans-campaign/

 

You have only two choices - pay up and not be able to cope financially, or lose your car and be able to feed your children.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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car cost me £6000 in 2011

 

i already got citizens advice advice they called car cash and i sent in my income and outcome and it was minus £160

they let me pay £25.00 for four week then reviewed

 

i begged them for a bit of compassion to let me pay £20 but they will only except £38 for four weeks in which the email says il have to pay more to clear some of the arrears.

 

they also sent some men out to repossess

they clamped my wheel

came in house so i could phone car cash as three days before i had paid £300 of debt

 

the lady on the phone giggled and said bet you were scared and that she should of cancelled them repossessing

so they did not take it but

they never even sent me a default notice in the first place informing me that them men were turning up to repossess

 

i was shocked now i am constantly worried that my car will vanish one day

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Why could you not GOTO another lender like your bank?

 

Did these chaps force their way in your house

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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