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    • it a minimum of 10 mins NO max.   shame you appealed..why didn't you read cag FIRST. shot yourself in the foot now as you've I'D the driver.   pointless using Popla now.    
    • So you saying dx100uk that they have the right to fine me (my driver) for stopping Meyer in front of zebra crossing for like 30sec just because it’s they land ? 
    • yes you can: https://www.gov.uk/universal-credit/other-financial-support
    • thats the point of a LBL!!…. they DONT need any court approvement to enforce it..   as long as the bill of sale has been correctly registered  there is quite frankly stuff and all you can do to prevent losing your car. 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  
    • Can someone please help. I received a money claim and the trial is coming very soon. The claimants are the landlord, sent out a late payment warning letter in 2016, no warning letter has been received since.  I received a money claim against me in December 2018 without a letter before action.  The claimant is claiming breach of contract and they have submitted an agreement with their claim form that I think is invalid because it was created in 2015. We have a newer agreement that was signed in 2016 but the claimants have always denied this.  Today on their witness statement, they have attached this agreement date 2016. Would this make the 1st agreement invalid and would this be enough to get the claim thrown out of court? Any help would be greatly appreciated. Thank you! 
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Hestia10

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Back in 2008/2010 CAG pretty much saved my life - not joking! 

 

My story is fairly typical

- got into too much debt, lost job, got caught with all sorts of dirty tricks with debt recovery agencies

- found CAG, got help, fixed some things, more dirty tricks and bullying from debt collection agencies and then after issuing lots of SAR's things went quiet.

 

We managed to get agreement from our lender to rent the house while we tried to sell it and went to live with my mum and stepdad in Spain and try and re-start. 

We have managed to scrape by, (anyone who thinks running off to the sun is easy let me guarantee you are wrong!) I was chased by American Express who issued an RMA to bankrupt me but at the last minute didn't

 

one of the credit card companies managed to convert a credit card into a CCJ and then a second charge so when the house did sell that took the equity.

 

Another CCJ we made an arrangement with and paid off. 

 

Move forward to the present.

Stepfather has passed away, am in the process of finalising a divorce with my wife (trying to remain friends and mostly that's ok) and mum who is 83 has deteriorated in help and needs memory care among other things which is a challenge anywhere in the world but as a Brit in Spain more than it would be back home, so I have to come back so she can get additional medical help.

 

All that builds up to the following questions if anyone can help answer please I would be enormously grateful...

.I still have kept proof of posting etc for the SAR's.

 

Over the years, much too late to do much about, odd letters from agencies have popped up

- nothing for a few years now and might be invalid/statute barred anyway but I haven't attempted to reply.

I don't know what my credit file is like and of course when I come back to the UK I will need to fix a bank account etc.

 

Anyone who has been in trouble will understand the horrible bombardment of dozens of daily phone calls chasing debt, the dread of the postman, the sick feeling watching a stranger walk up the garden path....I am terrified of going back to that hell again even without a job, assets or a home for them to seize anything, I can't bear the thought of all the harrassment again.

 

Today I checked out whether I had CCJ's at my old and my mum's address using TrustOnline as it seemed to bypass the Credit Reference Agencies and was effectively straight to the source. No CCJ's were registered and there was a comforting little Green Box ticked in the pdf file they sent. But, I know the information on that report is quite limited when it comes to things like defaults etc.

 

My big question is, if I register with Experian or Equifax or some other agency will that 'Kick Off' notifications to credit companies and start me being persued again?

I do understand things are what they are but any thoughts or help

- guidance would be massively appreciated.  

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Hi and Welcome back 

 

All explained in the following link...the myths the truths warts and all.

 

 

 

Regards


Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Thank you Andy, I will read it now! Cheers

 

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Well, I took the plunge and entered mum's UK address which is my last registered address in the UK. Experian wouldn't open an account because they said information mismatch? Clearscore said that I did not have a credit file and should take up some credit to get started!!? Now I am really confused!!

 

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If anyone is interested in what happens next I am going to keep a record of who and what comes out of the woodwork over the next few months. For now I have re registered on the electoral roll. I will also try and open a bank account in a month or so. 

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you should never run from debt even if abroad

just write any tell them of your address

before you know it you'll have a string of backdoor CCJ's you know nothing about.

 

you should be ok now

how long ago were your last payments?

on those that didn't attain judgements etc?


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

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

 

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Hi, Last payments were around 2009. The last time any sort of letter showed up was about 3 years ago to my knowledge but only received by me a year after it was written as hung onto by my sister. 

 

I haven't managed to open a bank account yet but made progress in what they required so will try this week. 

 

Thanks for responding.

At the time maybe I should have gone bankrupt in hindsight but before I left it pretty much all stopped after asking for the SAR' s.

I had settled what I could prior to that. 

 

Then after a big gap I started to get random debt agencies picking up on a few, irrespective of saying there were outstanding SAR requests they came and went and I did inform them where I was living overseas which is why Amex went for the RMA and then suddenly stopped. 

 

You are of course right about running away.

Seriously the whole thing gave me real depression which is something I only thought happened to other people.

It has taken me all this time to get back to a place where I think I can take a deep breath and deal with it both for my sake and my mum. 

 

I will keep a log.

 

What happens might prove relevant to others and I can't see anyone else has kept one although a lot of people seem to have similar stories. 

 

Thanks again

 

 

 

 

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everything will be well statute barred now should any pop out the woodwork.

 

 


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

spreadsheets 

 

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