witnessing

[desperate44]

Comment please if this is right.If at the time of the loan the only person in the office apart from the borrower is the agent of the lender who is doing all the paperwork then surely there is not a valid witnessing of the BOS as there is noone else there to be an independent witness. Also if there are two agents of the lender in the office, one does the paperwork and the other "witnesses" the BOS signing. how can that be a valid witnessing as both represent the lender.

[desperate44]

Comment please if this is right.If at the time of the loan the only person in the office apart from the borrower is the agent of the lender who is doing all the paperwork then surely there is not a valid witnessing of the BOS as there is noone else there to be an independent witness. Also if there are two agents of the lender in the office, one does the paperwork and the other "witnesses" the BOS signing. how can that be a valid witnessing as both represent the lender.

 

point is that it doesn't seem to be requirement for independent witness - seeBOS Act AttestationThe execution of every bill of sale by the grantor shall be attested by one or more credible witness or witnesses, not being a party or parties thereto . . . . . . F1Annotations:Amendments (Textual)F1Words repealed by Statute Law Revision Act 1898 (c. 22)

[jolygreengiant]

These are very valid points & one of the points I argued in my case:

From my defence

"Attestation should be by a credible witness who is not a party to the bill. I believe that being an Underwriter for the Lending Company may make the witness partial to the outcome and at very least this is an unfair relationship. I believe that this should void the Bill of Sale, in respect of the personal chattels comprised therein."

I believe previously LBL have won cases stating their employees cannot be discarded as witnesses.

Personally I see their point. ie the receptionist on the front desk will most likely not be paid a % bonus within their salary & hence should not be discriminated as a witness, for example.

The underwriter may get a % bonus, hence has a financial incentive in the outcome, and hence is not impartial.

UNFAIR RELATIONSHIP.

UNFAIR RELATIONSHIP has never been argued in court, with LBL & BoS.

Perhaps the lender dont wont it to go to Court? I personally believe it is a valid defence point, but shouldnt be relied on soley.