Jump to content


  • Tweets

  • Posts

    • Hi Looking for help to write a letter to the courts, following agreement by the other party (claimant) to allow an extension so that i can formalise my defence.    
    • So I will plead guilty and attend court. When they ask me if I have any further thing to say, I'm planning to write it down, bring it with me so that I don't get freak out. Could you help me review it?   Dear your Honor and the TfL team,   My name is [...]. I have been studying in the UK for nearly 9 years, currently holding a Tier 4 Student Visa.   I am attending the court today for fare evasion charges that I have committed and feel ashamed for what I did. What I did was not appropriate and has caused trouble for TfL and the public purse themselves; therefore, please consider my most sincere apologies. This is my first and my last ever offence that I will ever committed.   Over the course since this happened, I have been considering on how to get back on track and be a better person for the society and for myself. I have been obeying TfL policy ever since and do not plan to repeat my crime ever again. I also want you to please consider my mitigation circumstances upon my punishment, I have been in the country for a long time for my academic research and planning to apply for a leave to remain after my study finishes, this can affect largely to my application. I am half way to my Doctorate research and I really hope that I can continue to finish my research. If there is a conviction on my record, there is a chance that my university will reconsider and postpone my research which will be devastating for my academic development which my parents have heavily invested in. Moreover, because I have been spending all my time in the country, if I then come back to my country ,I will be more lost because I have developed into the custom. My parents are now all retired and I hope after finishing my studies,I can get a good job to support them, with this conviction on my record, it will be more difficult for myself to find a good job in order to repay for what my parents have done for me.   I hope you can please consider my plea, I will be more than grateful to pay for all the unpaid fare and administration cost for the court and TfL.   Once again, thank you for listening and I apologise for my behaviour 
    • I said I want to start a change back, I said it was fraud, passed to 2 departments, and they said nothing could be done. They wish they could.   Don't use your mobile one handed and push up the screen with out thinking a cash grab is at work.
    • I think it's certainly snake oil, and may just be an enormous bluff. Cireco is not registered with ICO, nor is it named as a trading name of RLP (which it should if they claim it's under their registration).  They can't process data without consent, and I don't think their silly 'shoplifting register' falls under the data processing exemption for crime prevention or legal reasons, since all are just unsubstantiated allegations.   
    • have to I guess or it goes to court! and what a waste of everyones time  
  • Our picks

Sunny13

Log book nightmare Mobile Money

style="text-align:center;"> Please note that this topic has not had any new posts for the last 792 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi Guys,

 

Im new to the forum and was looking for some advice.

 

I foolishly took out a log book loan out on my car in May 2014 with Mobile Money.

The original amount was for £2800 with a monthly payment of £358.

 

 

I ran into problems health wise and I lost my job..

.I made a series of payment arrangements with them

but still found the payments hard to keep up and I got into arrears,

 

 

A default notice was issued for £2200 in arrears

but I couldn't afford it and they wouldn't let me pay a smaller amount it had to be in full or theyd repossess my car,

 

 

I have in total paid them over £9000 and they still say I owe them £1300 on top of the arrears.

 

 

They have repossesd my car and to get it back I have to pay them the full £2200 for the arrears plus repo fees and then I still have another £1200 to clear the loan.

Is there anything I can do?

 

 

thanks in advance

Share this post


Link to post
Share on other sites
Loan was for £2800, with a monthly payment of £358?

How many months?

 

The fact that you have paid close to 4 times that is terrible. Let me know lets see what we can do..

 

36 months ...... I fell into arrears a couple of times and the debt kept mounting up..... they've taken my car now and have said they'll auction it off and Ithen will set up a payment plan for me to pay off the rest coz my car isn't worth more than 500

Share this post


Link to post
Share on other sites

Thank you.

I have a statement at home.

I shall dig it out later.

 

 

Would my best bet to go to the ombudsman's regarding this?

 

 

Even tho they've repossess the car?

Share this post


Link to post
Share on other sites

Sorry to ask Im not very clued up on all these matters.

 

 

What would I say in my complaint?

That I think they have charged me unfairly?

That the amount paid is almost 4 times the amount if the initial amount lent?

 

 

I'm not sure how I'd word this.

...any pointers appreciated x

Share this post


Link to post
Share on other sites

if they've been charging arrears fees and at their interest too

that's unlawful and they had no legal authority to repo the car.

 

 

if you've paid more than 1/3rd of the original payments then that repo is unlawful and so is the repo fee too anyway.

 

 

go demand your car back.

 

 

did you sign a bill of sale?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

Yes I signed bill of sale when I gave them my logbook when I took the loan out x

Share this post


Link to post
Share on other sites

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: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

.

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

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: QBEnforcement@hmcts.gsi.g 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 many fold 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 credit 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.

.

worth a read

http://www.consumeractiongroup.co.uk/forum/showthread.php?472038-ACF-THe-funding-Corp-illegal-repo-now-DCA-Chasing-loan&p=4972172#post4972172

 

.

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

Thank you so much. Looks like I'll be doing some reading later. Much appreciated. x

Share this post


Link to post
Share on other sites

let us know what fits your situation and where the car was when repo'd and what previous letters they've sent


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

Full SAR to the OC, have a good read of the CCTA Logbook Loan Code of practice

Then written Formal Complaint time

Then the FOS if you get rejected


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.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...