Finance U aka Corner Park Garage - claim form***Claim Dismissed***

[dx100uk]

sounds like your old advantage finance debacle.

 

there was no dn issued so they repo'd unlawfully

off you go

exactly the same as before.

car and all the moneyback please

 

dx

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?278867-Advantage-Finance-repro-claim-***i-won-amp-judge-orders-all-payments-returned**

[dx100uk]

Notice of Default?

[dx100uk]

as with your advantage thread then..

 

no notice of default

then the repo was unlawful.

[dx100uk]

This article explains well--

- Motor finance is an area which often requires an additional consideration when contemplating debt recovery action,

because the relevant credit agreement may be a hire-purchase or conditional sale agreement.

In these cases, where the debtor (or hirer) has paid over one third of the total amount payable,

the vehicle is provided with the special status of ‘protected goods’ under section 90 of the Act.

This means that it cannot be taken from the debtor without either a court order or his consent.

If a vehicle is taken in the absence of either of these,

then it could become an expensive and time-consuming exercise for the lender that entirely defeats

the purpose of seeking to recover the asset in the first place.

This is because section 91 provides that where section 90 is breached,

the debtor is released from all liability under the agreement,

but he retains a right to recover damages equal to all payments made.

These payments may even include the value of a part exchange vehicle.

The first issue to be addressed

– in common with all credit agreements

– is that of bringing the contract to an end through default and termination.

In the event that this is not done correctly,

then there is no basis upon which to take the vehicle,

and instead the debtor will retain his contractual right to possession under the terms of the agreement.

Assuming that the agreement has been brought to an end correctly,

then the contractual right to possession will terminate alongside the agreement.

But that is not the end of the story

– if the hirer has statutory protection against the owner

repossessing the vehicle under section 90,

then, in view of the consequences,

it means the lender will have to approach the matter with a certain degree of care.

In theory the easiest method of repossessing a protected vehicle is for the lender to obtain the debtor’s consent to take the vehicle from him.

This approach also has a commercial logic in minimising costs when ultimately they may not be recovered.

It is important to remember that the consent must be genuine and given voluntarily,

and, therefore, lenders should make sure that where third party recovery agents are used to repossess protected vehicles,

the processes that they adopt are reliable in this regard.

Practices involving either coercion or misrepresentation could cause licensing issues

when considered under the OFT Irresponsible Lending Guidance.

As a minimum,

the lender should obtain from the debtor a signed mandate at the time of the repossession,

stating clearly and unequivocally that the consent is given freely.

The mandate should also provide full details including the debtor’s name, address, vehicle description and related agreement number.

It is useful too if the mandate includes a declaration to this effect,

together with a comment on the fact that the keys and logbook have been provided

– such an approach is likely to indicate informed consent and so reduce the risk of any future claim under section 90.

If consent to repossess the protected vehicle cannot be obtained from the debtor,

the only option available to the lender is to obtain an order from the court for its return.

As ever, the process of issuing proceedings inevitably involves risk, additional costs

and may cause delay in recovering the vehicle because attendance at a hearing is likely to be necessary.

[dx100uk]

You may read on the internet that your BOS 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

 

any chance you could fill this out

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

and copy up your defence and DQ/ws

[suitably redacted ofcourse!]

.

[dx100uk]

not sure about the link

i'll find out later

just that what you quoted is now old hat.

 

 

dx

[dx100uk]

go get 'em!!

 

 

dx

[dx100uk]

upload

[dx100uk]

the above is from 2007..just be aware a lot of those old requirements were relaxed.

esp the independent witness.

 

 

dx

[dx100uk]

BOS being registered after 7 days is fatal surely

and so are altered dates on docs.

 

 

its all under CCA so a fixed sum loan IS a credit agreement

 

 

however

updated BOS stuff fom my notes:

http://www.consumeractiongroup.co.uk/forum/showthread.php?452164-Log-Book-Loan-Guidance&p=4791345#post4791345

from my notes. [prob same as above!

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

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]

.

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

Bills of Sale Act does not apply in Scotland,

just to reassure you from the Money Advice Service *Taking out a logbook loan in Scotland*

In Scotland, ‘bills of sale’ cannot be used as security and are not legally binding.

Lenders in Scotland are therefore likely to be operating under different credit arrangements.

If the logbook loan is a ‘hire-purchase agreement’ or a ‘conditional sale’, your consumer rights and protection under the Consumer Credit Act 1974 will apply.

 

.

dx

[dx100uk]

check a few things properly...

The credit ag and BOS cant be different amounts, are they?

has the BOS been registered within 7 days.?

 

 

if the agreements have dates changed on them in pen and hand written...they cant be relied upon or enforced..

 

 

dx

[dx100uk]

CCA request to the claimant

CPR 31:14 to the sols

 

 

click the links

 

 

read all the posts of each thread

don't sign anything

 

 

leave the £1PO blank and uncrossed

[dx100uk]

no cpr the claimant too then

 

 

dx

[dx100uk]

I wouldn't change it

as the claimant will have a copy anyway

and might well get it thrown out if you start any unnecessary silly antics.

 

as for the CPR

its a request and unlike the CCA they dont have to reply to CPR..

 

doesnt bode well mind and you can always bring this to the judges attention

but didn't you do this in your defence etc anyway?

[dx100uk]

:whoo:

[dx100uk]

That doc is incredible!!!

What rip off merchants

[dx100uk]

point 10 their WS

[dx100uk]

no, they'd need to apply later and you can object.

 

 

sounds to me they are trying all the tricks in the book to spoof you into folding...

I wonder why....?

[dx100uk]

there you go RCT

thanks andy.

 

 

dx

[dx100uk]

all sounds like intimidation by the claimant to me

[dx100uk]

IMHO yes and off you go RCT

you've done it once already...and WON

[dx100uk]

can you get a transcript?

[dx100uk]

sadly sometimes its the only way..