car cash point LBL - Burlington/Marstons wants car _ Live in NI

[dx100uk]

go try this number

 if they are still open

 

you want to check a bill of sale has been registered.

 

Royal Courts of Justice, Belfast

Contact details for the Royal Courts of Justice where the High Court and the Court of Appeal sit.

 

Chichester Street

Belfast

BT1 3JF

Phone: 0300 200 7812

[Melissa2574]

Thanks so much for all your help to date. 
I have had no response to either yet to letter of complaint. I thought I may have received an acknowledgement today.

I did tell them they could not go forward with repossession at this time. 
I will call that number now.

[Melissa2574]

Couldn’t get through to anyone but sent an email to central office 

[dx100uk]

Going by what i'm finding. CCP rarely get their BOS's registered.

now im a bit puzzled at how Burlington s are involved here.

As i suspect there has been no court case im gonna bet that burs are only acting as a powerless dca here and have zero powers to do anything.

have you any written comms from them ?

i bet not!!

 

as you have paid more than 1/3rd under the cca (read the agreement) your car is deemed protected goods so if they do snatch it its voids everything and you'd be entitled to all your payments back and keep the car foc or monetary equiv

 

Dx

[Melissa2574]

just testing as all my replies aren’t posting 

 

Never been a court case.

 

There was a payment plan agreed for 8 weeks beginning in round 12th December for 80 per week. I paid this and missed the next few weeks. This was due to deaths

 

I just didn’t bother myself even checking my bank or transferring from one to another as I would always do. I missed a few things over that few weeks.

 

I heard nothing more until Monday evening when got a call from a random man on a mobile number. I only found out it was Burlington when made a complaint about him the next morning to car cash point.

 

I checked my emails at that stage and there was an email from CCP on 5th January saying I must contact them within 24 hours or the account was being passed to.debt recovery agency. 

[dx100uk]

I guessed right then

A powerless dca should ...have come here 1st before responding

But its not hurt you

Just youve been late telling us.

 

Next time put the phone down stating writing only 

 

You ideally should also be telling ccp writing only from now now  on ..no texts,calls,emails as i can fast see you having a good case with the FOS later

 

I'd be firing off that irl complaint now

[Melissa2574]

I put formal complaint in letter format today and emailed them with it both to the collections manager who emails me and their complaints manager. Told them I had taken legal advice and was pursuing a complaint with Financial Conduct authority for the way they handled this and to the Financial Ombudsman for the unjust fees and charges etc. 

I also said at the bottom of that complaint that my legal advisors were shocked at the fact I ever got accepted for a loan and have advised me to pursue a complaint based on irresponsible lending and that I would be doing that immediately also. 

[dx100uk]

well they wont do anything till you expire the OC's complaints procedure

which is why to date if you mean us by your advisors haven't said to do that.

 

you need to walk before you can run.

slowly slowly catchy monkey.

else it makes you look stupid and exposes you don't know what your are doing.

 

[Melissa2574]

But have I not followed correct procedure?

I have put in the complaint re their handling of the situation and explained I will be putting in another re ir. 

I am going to send another letter in the morning re irresponsible lending.

I will wait until I have a final outcome letter from them re both matters and then open my case with FOS.

I had thought that’s best way to do it. 

[dx100uk]

3 hours ago, Melissa2574 said:

was pursuing a complaint with Financial Conduct authority for the way they handled this and to the Financial Ombudsman for the unjust fees and charges etc. 

 

but you haven't done these yet?

 

[Melissa2574]

No as I can’t until I get final outcome letters from them I meant I would be rather than I had if that makes sense. 
 

[dx100uk]

good sure

 

step back now

you have the upperhand

it wasn't bailiffs

and they had/have zero legal powers to do what he said on the phone

sadly they were trying to scam you.

deal with this the correct way and you'll be smiling down the line.

[Melissa2574]

Thanks very much I appreciate all your help. Very kind of you. 
I feel in a much better position now though I guess I’m just nervous that they will still uplift the vehicle even though it is illegal and they don’t have the power to do so. They would have done on Monday if I had been there. It’s just a nervy feeling to carry with me every day as I am trying to work etc. 
If the BOS is correctly registered does it not give them power?

[dx100uk]

if they had taken the vehicle (or do) then that voids the HP agreement under the consumer credit act...you win as advised already.

matters not if you find the BOS has been correctly registered.

they have not been to court .

 

 

[Melissa2574]

Update on this is I spoke to court in Belfast. They say a bill of sale is held there and successfully registered on 30/4/2018. The agreement is dated 23/4/18 so they tell me in the Court I have legally passed ownership to the company. 
I probably don’t have a leg to stand on now. 

[dx100uk]

Doesn't really change anything. They still have to goto court as youve paid more than 1/3rd

 

did we send ccp an sar so far, as youll have heaps of unlawful penalty charges to get knocked off too

[Melissa2574]

Yes doing that now also. Just had an email back from the Ombudsman’s Service quite quickly. They have a special service now set aside for NHS workers so the lady there told me as soon as I have the final response letter from CCP to send it to them and they will look into it. 

[theoldrouge]

Hate saying this but your lbl is linked to a personal loan agreement not an hp agreement 

they can just lift the car you don't have HP protections

They must of course follow CONC when dealing with you 

I would get the car locked away in a garage and contact urgently stepchange Northern Ireland 

and get them to agree a repayment plan with CCP 

Under the CCTA logbook loan code  ( section 4.8)CCP will then have to halt recovery procedures for 30 days 

if stepchange are involved 

[Melissa2574]

Oh no this is panicking me. Thank you for this. Are they still able to come on to private property?

 

I feel really conflicted now on everything.

Does anyone know if the fact that FCA have a ban on repossessions until 31st January have any bearing on things. Does that buy me time?

[dx100uk]

i thought that was home repo's but if you've read otherwise you should be ok

no they cannot take it from private property no court has been involved

and they are not bailiffs either

 

hello TOR i was going to ping you but was just so busy.

forget that bit about pers loan ofcourse..

i was leaning toward a time order anyway?

[Melissa2574]

Home repossessions are extended until end of April but the ban on vehicle repossessions ends on 31st January. 

[theoldrouge]

Yes ban ends  31Jan

Time order would be good 

but Just suggesting a free urgent alternative to buy a 30 day stay

BOS are still the Wild West of lending 

Law Commissions proposals were dropped by the Government 

However once you have secured your car you have grounds for complaints IRL, unfair treatment ,etc

Problem is once you sign a bos

you have effectively transferred ownership of your vehicle 

[Melissa2574]

Thanks very much that makes absolute sense. That’s exactly my aim at the minute to secure my vehicle. That has to be priority before I worry bout unfair payments etc.

 

I sent the letter of complaint in the hope they may enter into a payment plan still.

If I thought I had the time until the 31st January then it allows me time to prepare next steps etc. 

only problem is If there is a ban on repossessions why were they attempting to do it the other day and saying they still are. 

[dx100uk]

simply because they can, don't forget a DCA is not a bailiff and can't seize anything, but if you had given the vehicle up voluntarily, which is what they'd claim, then that sort if doesn't count. as all they did was asked for it ..they are crafty like that as then they'd make £100's on fee .

get the vehicle safe by whatever and we'll deal.

[Melissa2574]

That’s what he said on the phone that he was there to collect my vehicle and if I didn’t come to meet him with it then he was going to the police as it is now owned by the company. The company he works for emailed saying the case is still active and if sighted the vehicle will be uplifted.