Help with log book loans can the bos be voided under section 9/10

[dbaz193672]

Hi I hope that someone can help with this, I have been reading this thread and hope that someone will be able to confirm what I need to do,

 

I have a LBL on a car I have asked for payments to be reduced as our family income was reduced this has been going on for a month or 2 I was sent a default notice saying that there were planing to reposes the car I did a letter asking again and also (after some reading) said that I felt the bos was voided as it did not comply with section 9. I went to my parents for 2 weeks and got a call on thursday from my neighbour to say that my car had been clamped and that they where going to take the car, they left a number for me to ring. Spoke to the chap and said that I needed to speak to the LBL company. On doing this they demanded the full balance outstanding I explained that I could not pay this- I then again said that I did not feel that this could happen as the BOS did not meet with sectoin 9 I had to e-mail the company explaining why with details of section 9 they said they would speak to their solicitor and get back to me.

 

After 6 hours (2 men stood on my drive being very rude to my neighbours) I made another call to the LBL who said that they would not take the car that day and they removed the clamp and left. I got a email from LBL saying that I needed to go see them monday morning (tomorrow) and pay 2 months full money and they will then look at my payments otherise my car will be repossed and sold, they said that I will also be charged for the 2 men at my property for 6 hours that they will also I have got home today and I am trying to seek advice on how to move forward before I see the company tommorrow, I will copy the BOS which I feel does not meet the Section 9-

 

This bill of sale made on the *** Between Mr*** of xxx (the borrower) of the one part and

 

Bxxx limted trading as Log book loans trading as Log Book Loans and having it's registered office at xxx and registered in england and wales under number 316xxx (the lender) of the other part.

 

Witness that in considertaion of the sum of £xx (the principal sum) now paid by the lender to the borrower undre a fixed sum loan agreement made contemporaneously with this bill of sale between the lender and the borrower (the loan agreement) the receipt of which the borrower hearby acknowledges. The borrower does hereby assign unto the lender, its successions and assigns the motor vehicle specifically described in the schedule herto (the vehicle) by way of security for the payment of the sum shown as in the loan agreement as the total amount payable (the total amount payable). Such sum being the total of the principal sum and interest thereon at the rate of 9.93 per cent per month (calculated in advance and added to the principal sum at todays date)

AND the borrower does futher agree with the lender as follows.

 

 

This then goes into a number of sections to include insurance, rent and receipts, grounds for seizure etc.

 

I am not trying to avoid paying what I owe but do not wish for my car to be taken.

 

Do I have a case to void the bill of sale due to the sectoin 9 I have checked and it is registered at the high court.

 

ANY help, support or advice would be gratefully apprecitaed.

 

Many thanks

[postggj]

is the credit agreement that is signed by log book loans , after yours (signature) the same person as on the bill of sale

 

if the signatures are the same then the bill of sale is void

 

we now have case law to back it up and log book loans have no security over the vehicle

 

it just becomes a normal unsecured credit agreement and if they try taking the vehicle then its theft

Edited September 4, 2011 by postggj

[dx100uk]

moved to BOS forum

 

dx

[dbaz193672]

Hi Can anyone advise what my next step is as I am due to meet with the log book loan company this afternoon?

 

Thanks

[postggj]

is the signature for log book loans the same on the credit agreement as the bill of sale also

[dbaz193672]

Hi yes the bos has signature and the name the cca just has the signature but it is the same one

[postggj]

Game over for log book loans

 

just tell them you know of the judgement between the office of fair trading and log book loans

[dbaz193672]

Do you have the details date etc so that I can cite it

[postggj]

THE JUDGEMENT

 

Nine Regions Ltd (Trading as Logbook Loans Ltd) v The Office of Fair Trade 2011 UKUT 280 (AAC) (13 JULY 2011)

 

The Attestation Issue was framed as follows:

 

“Is a bill of sale rendered void under sections 8 and 10 of the Bills of Sale Act (1878) Amendment Act 1882 in circumstances where its execution by the Appellants’ customer, i.e. the grantor, is attested by the employee of the Appellants who negotiates, agrees and signs on behalf of the Appellants, the credit agreement between the customer and the Appellants?”

 

For the above reasons I would give the answer “yes” to the Attestation Issue.

[sam1986]

So this is for definate ?? They cannot take the cars back....iv had baliffs at my mums twice, even though they have been informed by my parents and myself over the telephone that I dont live there !

Just want to get my facts straight before I contact them !

[postggj]

give them that judgement

 

all it is now is a normal credit agreement as there is no security by a bill of sale

 

but

 

the credit agreement and bill of sale needs to have ben signed by the same person to invalidate the bos

 

if they try and take the car, call the police as it will now be theft

[sam1986]

thanks !

They have deffo both been signed by the same person so I'll call them tomorrow !!!

[sam1986]

what do i do regarding the logbook ?? Will logbook loans have to send me that back ?

[postggj]

yes as there is now no security by way of a bill of sale

 

the credit agrement still exsists and the debt but the agreement is now unsecured

[sam1986]

Just to man who is trying to repo

He has advised me that the judgement was overturned on the 5/8 ??

[postggj]

applecart

 

have you now got a link to the final judgement on the 17 auguest

 

i was well aware of it but the court service have been a bit tardy putting it up for public viewing

 

a link would be nice

[sam1986]

I've just spoke to logbook loans and they are also saying they have won the Attestation Issue and have sent me the full judgement from the 13th July 2011 .... I can't make any sense of if, could someone have a look for me ??

Attestation Decision (BOS Witness) (1).doc

[postggj]

read paragraph 3 AND 4 again

 

then paragraph 94

 

then paragraph 102

 

they are talking out there backsides

 

also

 

the court thrEW out there whole case on the 17 auguest and found for the oft

 

ime just waiting for the transcript to be released

Edited September 9, 2011 by postggj

[sam1986]

I havn't got a clue about how to read through all that haha, but logbook loans probably already know that dont they !

 

They deserve everything they get.....My car has been sent to another company to collect now...They have been to my parents twice in two days, knowing full well I dont live there ! Getting fed up with them now

[postggj]

I take it you still have the car

 

if log book loans call again

 

call the police and make a complaint for harassment and tell the police they have no authority as to that judgement

[applecart]

what do i do regarding the logbook ?? Will logbook loans have to send me that back ?

 

Hi Sam,

 

Be cautious here,.... given the circumstances... i.e they have your car on a 'seize on site' notice to repo men - be very careful not to amend any of the detail on the V5 (as you call it - I call it the Registration Certificate) - should you take the precautionary measure of applying to DVLA with a fee of £25 for a copy on the basis that you can't find it.....

 

Apple : )

[applecart]

applecart

 

have you now got a link to the final judgement on the 17 auguest

 

i was well aware of it but the court service have been a bit tardy putting it up for public viewing

 

a link would be nice

d

 

Hi Postggj

 

Sorry, no, not yet..... I'm advised that we keep our eyes peeled for it though - it will happen in due course.... might be worth checking with Nicky B or Hip Hop?

 

Apple : )

[sam1986]

I still have the car....i phoned this second company it has been passed to and asked him if he was aware that the car needs repairing because the other company and logbook loans are aware of it and he said no ... The car is going to cost £2500 to fix and is currently not in use because it doesn't work ... He said to me that they would need to SEE the car to check it is in disrepair .. do they really think i am that stupid haha...I advised him that the previous man is aware of the details in full as per the garage it was taken to and that is all the evidence they need as far as I'm concerned because they are a reputable company..I may forward the details of repair to him but there is no way he is getting anywhere near that car to 'have a look' ha !!

 

I have a copy of the V5 ..... as I was unable to tax the car and am not willing to send logbook loans any money to do this as they advised me to do !

 

The second company has now been told that I am not at my parents address, lets see if they return like the last company did

[2ltr16valve]

How did you get on with this in the end hope they got the message !

[sam1986]

ss

Edited September 15, 2011 by sam1986