Logbook Loan repo in Scotland

[kenny.bryce]

Hello guys,

 

I have had a logbook loan for 3 months but have only managed to make 1 payment of 300 to them.

 

I have received many letters threatening reposession.

 

In scotland, can they just simply reposses my car overnight without any further notice?

 

I really hope someonecan give me advice!

[cctv engineer]

Hi kenny. you could be anywere with lbl **** and they will take your car. and everone is going to tell you the same thing Hide your car. dont think these people are out to help you. they are far from it.

 

i would start with getting a solicitor just to check your bill of sale (as it is a bit differant in scotland) but if you wish to keep your car then hide it. remember they sell it after 5 days

[kenny.bryce]

Thanks for that cctv

 

does any1 know if they have a general procedue, ie how long before they reposess or any type of letter they send.

 

Basically, 2 months ago I received a letter warning of possible reposession without notice if I dont pay, I paid money at the very beginning of April so I just wondered when to expect something else to happen.

 

Thanks

 

Ken

[cctv engineer]

Thanks for that cctv

 

does any1 know if they have a general procedue, ie how long before they reposess or any type of letter they send.

 

Basically, 2 months ago I received a letter warning of possible reposession without notice if I dont pay, I paid money at the very beginning of April so I just wondered when to expect something else to happen.

 

Thanks

 

Ken

 

 

Hi kenny. they call late at night or 5-6 morning they wont knock they will just take your car.

 

now i have just been looking at bill of sale in scotland and it differs from uk as you have protection ( but that wont bother logbook loans)

 

what court seal do you have on your bill of sale ???

[cctv engineer]

Kenny. you need to contact a solicitor who knows about scots law.

 

if the bill of sale is void then you dont need to pay them anything. i have found this for you . a bill of sale can not be used on anything that moves. by scot law.

 

All bills of sale given by way of security for the repayment of money must be made in accordance with the form given in the schedule to the act of 1882, and they must not depart from the statutory form in anything which is not merely a matter of verbal difference. The form given in the schedule to the act is as follows: - This Indenture made the day of between A. B.

of of the one part and C. D. of of the other part, witnesseth that in consideration of the sum of £ now paid to A. B. by C. D., the receipt of which the said A. B. hereby acknowledges, he the said A. B. doth hereby assign unto C. D. his executors, administrators and assigns all and singular the several chattels and things specifically described in the schedule hereto annexed by way of security for the payment of the sum of £ and interest thereon at the rate of % per annum. And the said A. B. doth further agree and declare that he will duly pay to the said C. D. the principal sum aforesaid together with the interest then due, by equal payments of L on the day of And the said A. B. doth also agree with the said C. D. that he will (here insert terms as to insurance, payment of rent, &c., which the parties may agree to for the maintenance or defeasance of the security). Provided always that the chattels hereby assigned shall not be liable to seizure or to be taken possession of by the said C. D. for any cause other than those specified in § 7 of the Bills of Sale Act (1878) Amendment Act 1882.

In witness, &c.

Signed and sealed by the said A. B. in the presence of me E. F. (add witness's name, address and description). Non-compliance with the requirement of the statute as to form renders a bill of sale void even as between the parties. The bill of sale must have annexed to it an inventory of the chattels comprised in it, and is void, except as against the grantor, in respect of any personal chattels not specifically described. It must be duly attested by one or more credible witnesses (not necessarily by a solicitor, as in the case of absolute bills). Every witness must sign his name and add his address and description. It must be duly registered within seven clear days after the execution thereof, or if it is executed in any place out of England then within seven clear days after the time at which it would in the ordinary course of post arrive in England if posted immediately after the execution. It must truly set forth the consideration. The grantor must be the true owner of the goods described in the schedule; as to any personal chattels of which he is not the true owner, the bill is void, except as against the grantor. Every bill of sale made or given in consideration of any sum under £30 is void. By § 7 of the act personal chattels shall only be liable to be seized or taken possession of in the following cases :- (1) If the grantor make default in payment of the debt or in the performance of any covenant or agreement contained in the bill and necessary for maintaining the security; (2) if the grantor becomes a bankrupt or suffers the goods to be distrained for rent, rates or taxes; (3) if the grantor fraudulently removes the goods from the premises; (4) if the grantor does not, without reasonable excuse, upon demand in writing by the grantee, produce to him his last receipts for rent, rates or taxes; (5) if execution is levied against the goods of the grantor under any judgment. By § 13 personal chattels seized or taken possession of under a bill must not be removed or sold until after the expiration of five clear days from the date of seizure, and, if the goods have been wrongly seized, the grantor may within the five days apply to the High Court or a judge in chambers for an order to restrain the grantee from removing or selling the goods. The Bills of Sale Acts 1878 and 1882 do not apply to Scotland or Ireland. According to Scots law no security or charge can be created over moveable property without delivery of possession. The Irish statutes corresponding to the English acts are the Bills of Sale (Ireland) Act 1879 and the Amendment Act 1883.

[kenny.bryce]

Hi Buddy..

 

you asked "what court seal do you have on your bill of sale ???"

 

I do not understand the question, sorry for being a bit dumb.

 

I met logbook loan rep at cash convertors store for legal reasons as this is where they need you to sign the documents. I then signed several different documents and was given my cheque which I cashed whilst I was there.

 

I am not atall clued up on this to be honest. I just dont want to lose my car and i sit awake at the prospect of them turning up.

 

I just read a few things on here and seen that scotland maybe jas different laws, but this is a guess on my part.

 

Thanks

 

Ken

[cctv engineer]

Hi Ken.

 

the first thing you need to go and talk with a solicitor so as he or she can get copys of what you have signed. and also your solicitors can have the letters stopped (this is costing you £12 every letter)

[trooper68]

Kenny, the BoS cannot be used in scotland, but that will not matter to LBL. They will take the car.

 

trooper68

[kenny.bryce]

Hi there, when you say the bos is not valid in scotland yet they still take it, where does it leave me then??

 

Is there an organisation I can speak to aboiut this predicament?

 

I mean I would hide my vehicle but my mother would wonder why I am not parking my car at home and its not something I want to have to tell her if poss.

 

Also, if u are saying the bos is not valid here are you then saying I could just sell my car?

 

Thanks

[trooper68]

Hi there, when you say the bos is not valid in scotland yet they still take it, where does it leave me then??

 

Is there an organisation I can speak to aboiut this predicament?

 

I mean I would hide my vehicle but my mother would wonder why I am not parking my car at home and its not something I want to have to tell her if poss.

 

Also, if u are saying the bos is not valid here are you then saying I could just sell my car?

 

Thanks

 

 

Hi Kenny

 

The BoS is english law, has no effect in scotland law, they use the BoS as way of strong arm tactics to get around the CCA1974.

 

If it was me, draw a letter, reg it and tell them that you are looking in to the BoS and as you live in scotland why was the BoS produced for you to sign? An as such you see that the account is in serious dispute, and you await there reply. This should give you breathing space, do everthing by letter, phone calls don't mean anthing, they will say anything to get the money or car- remember they just want money....

 

Now, you have to be careful, you must hide the car, they WILL clamp it and/or take it. Law or no Law. I understand that the consumer law is differant in scotland, so thay May be able to take the car without a court order under HPI or Credit Agreement.

 

My advice would to speak to a sol and get in touch with Trading Standards, they may tell you the best organistation to contact.

 

Yes, the BoS is English law, if you read CCTV post, the law states that its not in effect in scotland. So the BoS is VOID-so they cannot enforce it. Even so it makes no differance to them, they are **** and so they play on the puplic's ignorance of the law, they turn up waving a bit of paper...just to take and sell it to one of there car dealers for a small amount (via acution by the back door) then stick you with heavy charges and intrest, plus their fee...

 

 

 

Trooepr68

[kenny.bryce]

Hi there,

 

Does any1 know if I can sell my car then if this is the case?

[trooper68]

Hi there,

 

Does any1 know if I can sell my car then if this is the case?

 

You can do with it what you want, you could even scrap it..if you sell it the new owner might come looking...after they get the knock from LBL Agents.

 

trooper68

[cctv engineer]

Hi there,

 

Does any1 know if I can sell my car then if this is the case?

 

Kenny. selling your car will still not help you. they will still chase you for there money.

 

you need to talk with a solicitor. being scared of your mum finding out is no were as bad as logbook loans. remember you said you have lots of letters (£12 each) plus interest.

 

Kenny you first posted your problem yesterday. its 3pm next day and you havent seen a solicitor. you are going to learn the hard way if you dont and it will result in you loosing your car and paying thousands. you need to fight and you need to start now.