missed varooma payment - now my taxi's gone missing

[bestmummy15]

Hi all.

 

I stupidly took out a 12 month loan on my taxi on 4th july 2015 of £800 and I agreed to pay £113 per month.

I have paid 11 payments and then I had card fraud which resulted in my card being cancelled so my last payment wasn't sent.

 

I was completely unaware of this until I had a knock on the door from a man claiming to be from wrights recoveries.

He said he had come to repossess my car but because it was my taxi and only source of income

he said he would leave it and that I had to contact varooma to sort things out.

 

 

I immediately contacted varooma who told me that I now didn't owe £113 it was now £976!!

I was obviously horrified and explained that I couldn't pay all at once

and so they asked me to make an offer of repayment that I could pay per month which I did

they said they would ring me when a decision was made and if it wasn't enough (£150) per month we would go from there.

 

imagine my surprise on friday when my car disappeared from outside my house.

My purse, bank cards, medication and other personal things are still in the taxi as I only parked up to walk my dogs.

 

 

I immediately rang varooma who said they hadn't taken my car???

I have since rang them a further 8 times which I've recorded and they're still saying theu don't have it.

No business card, letter or anything has been left at my house

so because of this I have reported it as stolen which I have informed varooma about.

 

The thing is I don't believe them that they don't have it and neither do the police

who have also spoken to varooma and been told the same thing.

 

My question is

what happens if it turns out they do have my car?

Can they be in trouble for lying?

More to the point why would they lie? I'm so confused!

 

If my car turns up am I entitled to collect my belongings?

How do I get my taxi back because I can't go to work?

 

Just to say as well I have the only key and ny car was locked

so I can't imagine joe bloggs stealing it in broad daylight.

 

Any help or advice you can give will be greatly appreciated. Tia

[dx100uk]

where was your car on a private drive or the road?

 

if they have taken it

you can take them to the cleaners totally.

 

as for what theyt have added to the loan, that's prob repo fees etc etc.

all reclaimable.

 

you do realise the repo guys have no legal powers whatsoever

they ARE NOT BAILIFFS.

 

they have totally no legal right to repo a tool of the trade either under any circumstances.

 

 

and the fact it was as a result of fraud is even more disheartening.

they should be understanding upon such problems

 

 

FOS time or even FCA time me thinks

[bestmummy15]

My car was on a sideroad outside of my house.

 

 

If they aren't allowed to take it then how come they have?

 

 

I'm so angry because I'm in limbo and haven't been able to get access to money all weekend

and I've had to get money from my parents.

It's all such a nightmare! !

 

Can the police not get my car back?

 

 

I realise it's classed as a civil matter but I feel like they have stolen it.

 

Well that's if aliens haven't beamed it up

[dx100uk]

aw a shame it wasn't on your drive.

 

 

but they still cant charge a repo fee.

 

 

if its them that have gotten it.

 

 

have you the agreement please and have you a bill of sale

or is it a conditional agreement?

 

 

let me go investigate a few things

 

 

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

You should also check that the name on the registration documents

matches the name of the person who signed the BOS

On occasions these cars get sold on several times

.

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

.

I'm not sure if they need a default notice and a court order if you've paid more than 1/3rd

 

 

There are specific circumstances in which a finance company must obtain a court order in advance in order to be able

to repossess your car.

.

For example, if the car was repossessed by virtue of a hire purchase agreement

and you have paid more than one third of the total price of the car under the agreement

then this means that the car becomes protected goods.

.

The consequence of this is that a lender is required to obtain a court order to repossess the car

– if they do not then you may well have a valid compensation claim as a result.

.

Where the value of the car is less than one third paid

or if you gave valid consent for the car to be taken

then this protection may not be available to you.

.

The relevant section of the legislation is section 90 of the consumer crediticon Act 1974

and this applies to repossessions that have taken place within the last six years.

.

In addition to being able to claim compensation for an unlawful car repossession,

where a car has been taken without a court order in circumstances that require one

.

then you might also be able to obtain a release from the liability in the contract

(for example the hire purchase agreement), which effectively means that the debt ceases to exist.

.

Compensation can include the amount you have already made in hire purchase payments to the finance company,

as well as the cash received by the finance company if the car was sold on after it was repossessed.

[bestmummy15]

Hi

Thankyou for your detailed advice

 

 

can I just ask why they have taken it without even speaking to me or without giving me the opportunity to get my personal belongings out of the car.

 

 

Surely this must be illegal?

 

 

Also what about the fact that myself and the police have been told they don't have it?

 

 

If it turns up tomorrow can they get into trouble for lying?

 

 

I wish I knew where it was because I would go and get it back!!

[dx100uk]

they can take it because you stupidly took a loan out against it ..sadly end of.

have you your paperwork please

 

 

WE NEED TO SEE IT

follow the upload

 

 

was there a bill of sale signed by you?

 

 

dx

[bestmummy15]

Hi.

 

Surprise surprise the loan company found my car this morning in a car compound. Funny that isn't it?

 

I've paid the outstanding debt on it so I could get my taxi back.

 

 

Disgusting how I've been treated but they have you over a barrel and they know it.

 

I checked with QB enforcement this morning and the BOS was registered within 7 days so I knew I was just ffighting a losing battle.

 

 

The repo company have also cracked my bumper and grill but according to them they haven't so I suppose it's just one more thing they can sting me for!!

 

Thanks for you advice though and have a nice Christmas x

[theoldrouge]

I would send a Formal Complaint in writing to varooma over your treatment, which is certainly in breach of the FCA guidance PRIN (Principle6)

 

which could then be forwarded to the fos, when they reject it

It would also pay to include a request to refund any charges that they have added to your account as a result of the repo, missed payment etc

 

Did you receive a valid default notice under s87 cca1974, prior to the repo?