Varooma Logbook Loan Have Took My Car!

[Pnoodles]

Thanks guys I'm onto it!

[Pnoodles]

Btw what does RD mean?

[renegadeimp]

recorded delivery. It shows you sent it, and they recieved and signed for it, so there is no doubt that they got the letter.

[Pnoodles]

O right sorry blonde moment, I'm a bit new to all the abbreviations. Thank you.

[dx100uk]

yes sorry rd comes up as damages forget

 

dx

[Pnoodles]

Ok guys, I've just found out that the Bill of Sale was registered in time ( 02/10/12 I signed it on 27/09/12) so am I completely screwed or is there anything I can do to get my car back?

 

If anyone else needs to find out if a Bill of Sale has been registered email Lindsay.hutchinson@hmcts.gsi.gov.uk really helpful, replies straight away & above all didn't charge me.

[Peterbard]

Did you sign a finance agreement together with your BOS agreement, what were the terms and were these default charges listed ?

 

Did they send you a DN prior to re-possession giving you 14 days to remedy ?

[Pnoodles]

No they didn't send me a DN although they are saying that they did... also I have paid back over a third so I'm pretty sure that they are supposed to get a court order which they didn't, just don't know what to do next?

[Pnoodles]

and no the charges weren't listed

[Peterbard]

No they didn't send me a DN although they are saying that they did... also I have paid back over a third so I'm pretty sure that they are supposed to get a court order which they didn't, just don't know what to do next?

 

Sadly the one third rule only applies to HP or conditional sale agreements, yours would be a fixed sum loan secured by a bill of sale.

 

However they still should have sent a section 87 notice before collecting the car.

 

For defautl charges to be enforceable they must be mentioned in the agreement, is it possible to see it ?

[renegadeimp]

I think a sar might be a good idea here. There are too many maybes.

[Pnoodles]

Sadly the one third rule only applies to HP or conditional sale agreements, yours would be a fixed sum loan secured by a bill of sale.

 

However they still should have sent a section 87 notice before collecting the car.

 

For defautl charges to be enforceable they must be mentioned in the agreement, is it possible to see it ?

 

I've just checked through the agreement and it does list the default charges but they did not send me a section 87 notice. Is there anything I can do?

[Pnoodles]

I think a sar might be a good idea here. There are too many maybes.

 

Excuse me if I'm being dim but am I sending that to the company who I took the logbook loan out with?

[Peterbard]

You could challenge their right to terminate the agreement and repossess the car, as they have not given you the opportunity to remedy as required under the consumer credit act.

You could demand that they return the vehicle and issue the notice as required by statute.

Of course you would have to have the means to pay any arrears. or you would end up in the same boat again.

 

Otherwise the procedure is that they sell the car and knock the amount off your liability under the agreement together with the early settlement discount as required under the act.

 

You could then challenge unfair / disproportionate default charges of course.

[Pnoodles]

Can I apply for a time order?

[Peterbard]

You can apply to the court for the issuance of a time order at any time after the first notice of default sums, is there going to be a large amount outstanding after the sale of the vehicle ?

[Pnoodles]

No the cars worth more but I don't want them to sell my car I want it back

[Peterbard]

No the cars worth more but I don't want them to sell my car I want it back

 

I see you will have to negotiate, perhaps some outside help may be required, have you thought of National Debtline or the CAB ?

[Pnoodles]

I think you're right, CAB don't seem to know much about logbook loans, I'll try national debtline. Thank you for all your help.

[Peterbard]

Good luck, I hate those robbing barstewards