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Logbook loan - car repo'd off private drive without consent.please help


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Loan Ref; xxxxxxxx 

 

Regard this as a Formal Complaint in relation to irresponsible lending, Unlawful charges, Car repossession, dealing with financial and mental difficulty in relation to the above referenced account .

 

I bring to your attention that you have irresponsibly lent to me because you did not do appropriate checks.

 

The charges that you have applied to the account are unfair and unreasonable in total you have added £884 in total charges to a loan of £1000. There are charges on the account that are not specified at pre contract stage and are excessive of reasonable costs.

 

I also demand that you investigate the behaviour and practices of xxxxxxxx the third party company instructed with repossession of the vehicle, The agent knocked on neighbours doors to see if I was at home, demanded payment without proof of bill of sale, alleged attempted assault and refused to accept payment as his Manager clearly just wanted the car, removing the vehicle with no notification and no opportunity to remove personal belongings.

 

Despite advising you of financial difficulty/unemployment/severe anxiety/stress/pregnancy/partially deaf. You did not treat me fairly and appropriately and carried on with recovery of debt in total breach of PRIN 6

 

You ignored messages of offering payments and asking what was happening with the account.

 

I did advise you I was partially deaf and you kept on trying to call me as opposed to email/message.

 

Due to the above I demand that you reverse/credit all charges and interest to the account and revert to the financial position before the loan transaction took place. I also demand substantial compensation for the unfair treatment I have received ,in breach of the guidelines, by yourselves, contained within both CONC, and the  CCTA code of practice.

 

Should you chose to reject my Complaint, then I will not hesitate to forward the entire matter to the  office of the Financial Ombudsman Service.

 

I look forward to your early, positive response.

 

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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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Hi 

 

Ive had response as follows pretty quick and looks like a template

 

Final Response


Thank you for raising your concerns to xxxxxx via your email. For clarity, we can confirm that we have received your complaint 
We can assure you that we take all complaints seriously and I am now able to provide you with an explanation and outcome of our decision.


Our understanding of your complaint
You made a complaint regarding the recovery of the vehicle


Our investigation of your complaint
All notes, email correspondence, documentation and telephone recordings held on file have been read and considered in this investigation and we formulate this response after having considered your complaint and all the documentation as outlined above.
Our Findings to your complaint 
We have considered the loan account and report as follows:


1.    You took a loan with this company on 31st August 2019 for the sum of £1,000.00 over a repayment term of 18 months.
2.    Payment terms where £35.90 per week.
3.    At the time of taking out the loan you provided evidence of income and expenditure and provided evidence of a disposable income of £384.15 per week.
4.    In addition, you signed a contract and statement showing that you believed the content of the statement and income and expenditure schedule to be true to the best of your knowledge and belief. 
5.    The loan was and is secured against the vehicle (as named above).
6.    Considering the historical aspect of your account, payments were not made in a timely manner and there is a pattern of non-payment on your account amounting to arrears, interest, and charges.
7.    As a result of your non-payment this company sought to recover the vehicle as is permitted by Law and the Bill of Sale signed by you at the outset of this loan.
8.    We attempted to rectify the issue of non-payment with you on numerous occasions whether that be by telephone, email and text, however, you did not engage with us in reducing and/or paying the balance of the loan agreement.
9.    Recovery Agents then recovered the vehicle from you with a view to selling the vehicle at auction in order to have our financial interest therein realised. However, an agreement was made whereby you were to pay a balance and the vehicle would released to you.
10.    Payment was made and we understand from the agents that the vehicle has been released.


Our conclusion to your complaint
Xxxxxxx reject your complaint on the basis that we have attempted to work with you in relation to the historical missed payments on your account.

 

As a result of there being no contact with you, we sought recovery of the vehicle as per the loan agreement and Bill of Sale. We can assure you that this course of action is a legal right.  


We understand that you have decided to take issue with the agent. Unfortunately, xxxxx are not part of this company and should you wish to make a complaint about paperwork or the recovery agent directly then that would be an issue for you to address with them directly.


For clarity, your complaint is not upheld.
We would also advise that this is not a complaint for the Financial Services Ombudsman, however, please note that, under the terms of our Complaints Procedure, this is our final response, and the complaint has been closed. If you are dissatisfied with it, you have the right to refer your complaint to the Financial Ombudsman Service (FOS), free of charge – but you must do so within six months of the date of this letter. If you do not refer your complaint in time, the Ombudsman will not have our permission to consider your complaint and so will only be able to do so in very limited circumstances. For example, if the Ombudsman believes that the delay was as a result of exceptional circumstances.
 

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Just as expected
You can now flesh everything out at the FOS
using you own words
For the record, for anyone finding this thread helpful
who are the LBL Co involved?

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.

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