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    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. . .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]  
    • Hello   Thank you for your response, I think I have done this right. My responses are in bold    Name of the Claimant ?  Merligen Investments LTD    Date of issue –   12/11/2019        Particulars of Claim     What is the claim for –  1. The defendant owes the claimant £209.79 under the a regulated agreement with Studio Retails T/A Ace dated 16/10/2015 and which was assigned to the claimant on 19/07/2017 (debt)   2. Despite formal demand for payment of the debt the defendant has failed to pay   and the claimant claims £209.79 and further claims interest thereon pursuant to section 69 of the county courtact 1984 Limited to one year to the date hereof at the rate ot 8.00% per annum amounting to £16.78    What is the total value of the claim? £301.57     Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No    Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No    Did you inform the claimant of your change of address? no    Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? cat debt    When did you enter into the original agreement before or after April 2007 ? no   Do you recall how you entered into the agreement...On line /In branch/By post ? Online     Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No    Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  Debt purchaser    Were you aware the account had been assigned – did you receive a Notice of Assignment? No not received any correspondence apart from a couple of recent Text messages and in all honesty I thought it was a [problem]    Did you receive a Default Notice from the original creditor? No     Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No Nothing     Why did you cease payments?  About 3 years ago     What was the date of your last payment? Can’t remember     Was there a dispute with the original creditor that remains unresolved? No dispute     Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  no          
    • stick to letters.   look in the debt collection section of our library there is a pro rata letter   send that to everyone.   if they don't agree then we'll deal as and when those that do or do not reply. pay what you say when you said it to show good faith. use BACS transfer via online internerweb portal of your bank ...not DD>   dx  
    • Well I received a reply to my email and I have to say that I'm quite surprised. Maybe Halfords have been taken over by PC World/Currys.     Can we confirm that I understand that you put in all the correct details onto their website and they made the recommendation of a particular set of tyres which you were later told were not suitable for your vehicle?   Can we confirm that you have gone back to the website and you have put in the same details and has come up with the same tyres   What make is your car?
    • Hi @BankFodder and Dx100 thanks for your replies. Well nothing has defaulted yet as I had been able to make payments up until this month for everything. This/next month is when this going to start hitting the fan and I want to  The livelend loan is about a year old.  Bamboo is like a month and I've made one payment Likely a couple of months and I've made two payments.   Aqua credit card I've had for a few years and it started with a smallish limit and they kept increasing it. Say it went to up to 1600 at some point and I used it and paid it back and didn't use it and they increased it a couple of times.   I had always paid it off and had it sitting there doing nothing so they were quite happy I guess. Interestingly they actually cut the limit by 300 to just under 4000 and I got a letter saying after a review they were doing that (I don't know what triggered them to do this). It was only in June that they increased it significantly from approx 2.5k or 3000 to 4100.    Capital One credit card I think they increased it once and again I only used it once and cleared it and then they increased it slightly and I've utilised it all now. I have probably had it a year or so. Paypal credit they just offered me 2.5k limit and I used it for buying things. It was probably opened 18 months ago. I missed payment last month but paid it since. Barclays I've been with for years and am actually premier (lol) and have had loads of money going through my account but never sitting in there for long and I actually don't have to pay anything for my overdraft.   Santander I have had the account for a few years but never really used it too much, it was more of a backup current account and I used it for work once where I needed to keep some things separate. They only recently let me have an overdraft and I it up the wall this month.   @dx100uk Thinking about it I didn't have any real credit for a fairly long time aside from payday loans which I got into a trap with but paid off.    The only thing that was a major negative on my credit file was the closed Halifax account with a balance of between -£3.7k or -£5.2k depending on when they looked at it.   So what I'm saying is I don't think it was shot (though it certainly wasn't good enough to get many "normal" low-interest products.   Bamboo and likely loans are, I imagine, high risk lenders in that they will give them to people with not great credit but with that comes high interest. I think one is 60% and the other 70%! These were used to try and gamble my way out . Nobody sane would take out such loans but as I've admitted I'm deluded. Livelend they were more reasonable around 13%   I feel like I could have a chance with bamboo and likely about irresponsible lending and it doesn't hurt to ask. With everyone else (the credit cards) I think I should just write and offer them £1 a month and say I will review in 6 months (or is it 3? I forget the standard practice).   I didn't realise that considering DRO or BR was "stupid"; The amount I owe feels insurmountable and hence this is why I was considering those options...    Is it better to approach them now or wait for things to default? I don't mind if they pass them off to DCAs but I would prefer to get them to agree to freeze interest so the number owed doesn't rack up.   As I've read countless times DCAs are powerless and have to work with what I offer (which, currently, is basically nothing). I still want to bury my head in the sand but I think for my mental health it would be better to get ahead of things. I guess I shouldn't care about my credit rating now. There's no reason I need to get in this position again. I know that I need to do things in writing and refuse to talk over the phone. Are emails suitable in this day and age or do I need to stick to physical letters? I think that recorded delivery isn't necessary just proof of postage?   Sorry for the long post and I hope I have got my thoughts across.  Thanks again      
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Logbook loan Co took my car - no warning

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Hi please can some advice me on a log book loan they have taken my car no warning and belongings and are demanding keys thesr people are awful to deal with

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for people to help you they do require a bit more information.

 

you took out a log book loan yes or no

 

then apparently you must of missed a payment yes or no

 

someone else will be able to help you a bit more later

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Yes took a loan out and yes missed a few payments paid a payment in october

 

i moved address well was no fixed abode for a few months and then they wouldnt help what so ever took car without letting me know

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Missed a few payments?

 

When did you take out the Loan?

 

How many payments have you missed?

 

How much did you pay in October? (A token amount, a full monthly payment or more?)

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I take it you didn't notify the log book loan company your change of address, or lack of one.

You missed payments and they will of wrote to you at your last known address.

 

Unfortunately they don't have to let you know after you've defaulted.

They are the legal owners of the car.

The only good thing Is you have 14 days to pay them off before they sell the car, auction costs and recovery costs can be added.

If the vehicle sale does not cover all of this they can come after you for the shortfall.

 

Best advice is either pay them off to get car back or let it go.

 

 

 

Tho is froma quick search on internet for log book loans.

 

Logbook loan repossession

 

If a logbook loan has defaulted, the creditor can repossess your car. They must wait a minimum of five days after the account has defaulted before they can take the vehicle away. They don’t need to take you to court to do this.

 

They’ll usually tow away the vehicle. There are no limits on the time they can do this, so they may arrive late at night or very early in the morning. This is normally done by specialist debt collectors or bailiffs (enforcement agents), and they can use force to repossess the vehicle.

 

Extra charges will usually be added to your debt to cover the costs of removal.

 

After the logbook loan company has taken your vehicle they’ll auction it. If the sale price at auction isn’t enough to cover the whole debt, you’ll have to pay the ‘shortfall’. You can treat this like any other non-priority debt, like credit cards and personal loans, and offer to pay it back in instalments at an amount you can afford.

 

If the sale price of the vehicle is more than the total you owe, the difference must be paid back to you.

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Did you inform log book loan company of your change/lack of address?

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No as i was of no fixed abode

 

But my previous address was giving me my mail

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Also may i add i never received a default notice either

 

Given that you were of no fixed abode, what is more relevant is if they sent the DN to the address they held for you. If they did that and you didn’t receive it because you hadn’t given them an address at which you could have received it, they’ll have met their obligations.

 

But my previous address was giving me my mail

 

My prediction; if you ask them for details of any DN : they’ll note it was sent out to the address they held for you. By all means ask (Just in case they didn’t issue a DN!), but don’t hold your breath.

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No as i was of no fixed abode

 

 

So you didn't inform them.

Why?

 

Maybe because you didn't want them to find out that their car is now no longer attached to the address they hold for you and your in default.

 

Its of little consequence anyway.

They wrote to you at the last known /given address.

They have fulfilled thir obligations.

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But my previous address was giving me my mail

 

 

 

Where were they giving you the mail?

Were you living in their car?

You could of put a royal mail redirection in place.

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Hi i was just sofa surfing until i got back on my feet and i never got a dn from them and i couldnt afford royal mail rederection at the time car was laid up as well

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Where were they giving you the mail?

Were you living in their car?

You could of put a royal mail redirection in place.

 

Redirect mail to for example Ford fiesta AAA666Y parked on High Street anytown?

 

Come on sgtbush Royal Fail wouldn't accept that, OP was Homeless. But yes if they sent DN to old address they the have fulfilled obligations. Op needs to negotiate to get back personal property in the car if possible before it is sold if cannot afford to pay .

 

If someone is living in the car, or a traveller in a camper/caravan bieng chased for a CTax LO from their home before they were evicted or left it to go travelling then it is usually exempt from bailiff seizure, not sure about Logbook loans though


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They were 3 separate questions!

But I get your point.

 

Unfortunately yes, the lbl have gone thru their obligations and will be selling the vehicle.

 

To the op.

What date was the vehicle removed?

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Well I'm afraid that's all the time they have to keep it before auction.

How much is the outstanding balance on the loan and how much is the car worth?

 

Remember auctions are very much cheaper place to buy the car so dont rely on retail price.

 

I'm just worried that they will come after you I their is any shortfall.

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They said 2865 pounds but have put charges on this the is worth around 6000 i still was not given a dn though

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so where was the car when they repo'd it?

well they didn't a powerless repo firm did.

 

left on the road or a drive unroadworthy ?


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Dx, you need to read up on this, they are not powerless. Extract from a simple tinternet search.

 

Logbook loan repossession

 

If a logbook loan has defaulted, the creditor can repossess your car. They must wait a minimum of five days after the account has defaulted before they can take the vehicle away. They don’t need to take you to court to do this.

 

They’ll usually tow away the vehicle. There are no limits on the time they can do this, so they may arrive late at night or very early in the morning. This is normally done by specialist debt collectors or bailiffs (enforcement agents), and they can use force to repossess the vehicle

 

 

Extract from stepchange charity.

 

 

The last bit is the killer.

 

What make/model/year of car as if you thnk its worth 6k, it wont be anyways near that at auction unfortunately.

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repo agents are powerless they are not bailiffs and have ZERO legal powers

 

bailiffs don't do LBL repos unless ordered by a court.

 

please stop scaring people and placing false statements on CAG

its getting beyond a joke.


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Its not.

The extrct is from stepchange chariy.

 

Here is the link

https://www.stepchange.org/debt-info/logbook-loan-debt.aspx

 

Please read it or better still, provide a link disputing what I have said.

 

If you think that not knowing the full picture and consequences is "a joke"

I dont sugar coat replys because forewarned is forearmed.

 

What I dont want to happen to the op is the lbl say there I a shortfall and they come after them again

Edited by Andyorch
edited

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Hi it was outside my sisters house

 

Dx, you need to read up on this, they are not powerless. Extract from a simple tinternet search.

 

Logbook loan repossession

 

If a logbook loan has defaulted, the creditor can repossess your car. They must wait a minimum of five days after the account has defaulted before they can take the vehicle away. They don’t need to take you to court to do this.

 

They’ll usually tow away the vehicle. There are no limits on the time they can do this, so they may arrive late at night or very early in the morning. This is normally done by specialist debt collectors or bailiffs (enforcement agents), and they can use force to repossess the vehicle

 

 

Extract from stepchange charity.

 

 

The last bit is the killer.

 

What make/model/year of car as if you thnk its worth 6k, it wont be anyways near that at auction unfortunately.

 

Honda civic 12 plate 2.2 deisel idtec

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then you couldn't have prevented the repo if it was on the road and not gated and/or locked away on private land

 

if you want the car back your only option would be a time order and as this is 2 weeks old already you need to be very quick with it


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From a quick search your car I prob worth around what you say.

Bear in mind auction prices are lower than retail but from what you Say you owe to the value at auction of your car I think it should cover it and you wont be chased for a shortfall.

I know that its not the easiest thing to go through but at least your going to come out the other side not owing them money.

Chalk it down to experience, re group and get yourself another car when you can.

Save for it, dont get finance if you can help.it.

 

Also Stay away from log book loans. Changes in legislation are coming but until they do they are no better than loan sharks in my opinion.

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