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shizy01

Innocent buyer. Car has logbook Loan loans2go

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Hi Guys,

 

The story goes, purchased a car from Lincolnshire from a couple.

Paid in cash.

Did a HPi check (Basic one) and everything clear.

 

 

The couple signed receipt to say no finance etc.

HPi check done with cazana.

Car purchased March 2017.

No logbook received

 

 

i contacted the couple and it looked like they was playing games.

i applied for a logbook myself and came with 2 weeks.

 

Did a further HPi check with cazana.com in April 2017 as was getting worried why the logbook hasn't come and the HPi came back clear with no finance etc.

 

I sold the car on the 06/06/2017 on eBay and the buyer advised me he has done a HPi check and there is outstanding finance.

 

 

I then went back to the HPi I did with cazana.com and now it shows a 36-month agreement taken out on the 10/11/2016!

I have removed it from eBay and apologised to the buyer.

 

Contacted couple and the wife has advised me that she is no longer in contact with her husband and she can’t pay it off and is sorry they didn't tell me about the loan!

Today I get a letter from Loans2go saying the car belongs to them and there is a BOS.

Contacted HPi company who are looking into it.

 

 

Where do I stand here?

The couple duped me.

Such a disgusting thing to do to someone.

I have called Loans2go and asked for the BOS.

I’m so upset with all of this.

 

When I contacted the couple their mobile phones were dead

I managed to track them down on Facebook

to which at the start she was like don’t worry I will sort it out when I’m back from my holiday.

Such horrible people out there.

 

 

I’m a student and cannot afford such a loss,

it would mean I have to drop out of university for 1 year and work as I pay my own fee’s.

 

 

The lady is giving me a story that she cannot pay this loan as she is a single mother now with a disabled child. :(

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who him or her took out the loan?


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the logbook is on his name.

It was on her name prior to him.

She took out the Loan.

 

 

The logbook was transferred onto his name on 03/03/2017 and i purchased it on 23/03/2017.

They both said that they have got a Zafira now and for insurance purposes it had to be transferred onto the husbands name.

 

 

So far have only managed to track down the wife and not spoken to husband.

The wife says she is no longer in contact with him and doesn't know where he is.

I have the address and text messages from when i purchased the car of the couple.

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Thank you dx100uk. I have read that. Is this purely a civil matter? Am i able to report it to the Police?

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try it.

dx


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you can also ask the HPi info provider why it didnt show up on the original check as they have a liability f they are giving you incorrect or false information

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I have contacted them but i did not print off the HPi at the time that showed there was no outstanding finance etc now when i log into the cazana website, the HPi i carried out has been updated!

 

 

they are investigating this and are going to contact me back on the outcome. I don't know how truthful they will be to be honest!

 

Ive reported it to action fraud and i am now contacting the police to report it.

Also sending out a letter to seller.

Honestly sometimes you just want to name and shame such sellers.

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Police may restore your sense of justice, but that won't help you financially

 

Depending on their t&cs you may have a claim against cazana

You need to find out whether loans2go registered their interest promptly being CCTA members

 

From the CCTA code

 

5.1 Members shall award innocent purchasers of vehicles, that are subject to a Bill of Sale, the same protection as awaded under the Hire-Purchase Act 1964 Part III - ‘Title to Motor Vehicles on Hire-Purchase or Conditional Sale’, but only insofar as title shall transfer to the innocent purchaser in the event that the Member failed to register his interest in that vehicle with a relevant Asset Finance Register Company within 24 hours of execution of the agreement.

 

Find out if the sellers own a property or have secure employment

 

You would certainly have a against them

 

Failing all else you would have to come to an arrangement with loans2go

to repay the loan yourself in order to keep the car


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

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Thank you.

Ive done some checks and they do own a house and are working for RBS bank!

 

 

Ive asked for the BOS from Loans2go and the HPi company are investigating as to why it wasn't showing up on the HPi before and is now.

 

 

Will keep you guys informed.

 

 

Appreciate the help guys

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good so they've assets to file a court claim against

and will most certainly NOT want a Claim against them that might result in a CCJ as that will make them unemployable.

 

pers i'd threaten them with a claim in XX days if they do not immediately contact loans2go and make arrangements to settle the debt.

 

note I said a claim not court claim

wouldnt hurt to state you know they work in the finance industry and how bad this would look toward their employers should the word get out that a claim is being raised against them BOTH.

 

dx


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you mean wouldn't hurt OP but would hurt the seller dx :-)


We could do with some help from you.

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:lol::wink:

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Guys some advice wanted.

 

If i put forward a case to the claims court,

who would it be against the Husband or the wife or both?

 

The wife took out the loan and then put the car onto her husbands name, then i purchased it from both of them.

 

The wife is claiming her husband has not got anything to do with it.

 

I have the BOS and it has been stamped by the courts within 7 days!

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as post 11


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Thank you. Also if i was involved in a accident and the vehicle was written off, then where would i stand? Would i be held responsible to pay Loans2go?

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not if you get them to pay before


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i have done some research,

the BOS was registered with the court on the 18/11/2016

and the HPi company are now stating the finance was registered on the register on the 16/10/2016.

 

 

The BOS says it was made on the 16/11/2016.

 

 

i'm a bit confused as to why the HPi was registered apparently on the 16/10/2016 but the agreement made on the 16/11/2016.

 

 

Somethings not right!

I have attached the BOS and HPi.

Any ideas? Thanks

 

Also the Police have contacted me and the CID team advised me that the Loans company has been defrauded by the seller and the title of the vehicle belongs to you!

 

 

I don't think the CID officer knows what he is saying?

 

https://ibb.co/d5YXA5

https://ibb.co/mQYXA5

https://ibb.co/eC7Zq5

 

BOS attached and HPI. (I have blanked out sensitive information)

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can you attach those in one pdf

follow the upload


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then the BOS is invalid as it wasn't registered within 7 days of signing the agreement

they have no claim.

 

 

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


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So im going to be sending them this letter today, what do you think? Thanks

 

Dear Loans2Go,

 

The interest was registered with the register on the 16/10/2016. Therefore, the agreement between Loans2Go and "" took place then. Agreement reference "".

The Bill of sale was registered on 18/11/2016. Therefore, the Bill of sale is invalid as it wasn't registered within 7 days of signing the agreement. As mentioned in the Act:

“ Registration Requirements: s.8 of the 1882 Act requires that

The duly attested bill of sale must be registered within 7 days of its execution “.

I have also contacted and informed the CCTA of complaint.

 

Yours Sincerely,

 

""

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*Update* Not heard anything back from Loans2go. Put in a complaint with the CCTA and have had no reply. It has been more than 28 days. Basically Loans2go did not register the loan on the HPi.

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That's their problem now. All you can do is wait and see if and when they reply


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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going well


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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

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