Log book loan

[kymmie]

Help needed they've just come to take my husbands work van we ve had no warning I'm panicking anything I can do any advice please

[kymmie]

He has now gone without the van but cost me 700 pound 270 of that was his fee :/. So upset he came at 8.20pm and wasn't leaving without van or payment. I explained I have a son who is autistic and this will be distressing could I sort it in the morning. His reply I'm not near your son so angry right now .

[theoldrouge]

tell us the full story please

 

Have you received a default notice?

 

For now until we know the full facts, keep the van locked in a secure place that they cannot gain access to without causing damage,

 

preferably in a secure garage

[theoldrouge]

He has now gone without the van but cost me 700 pound 270 of that was his fee :/. So upset he came at 8.20pm and wasn't leaving without van or payment. I explained I have a son who is autistic and this will be distressing could I sort it in the morning. His reply I'm not near your son so angry right now .

just seen this tell us the full story please

[kymmie]

Yes but made a payment since then. And heard nothing since usually get email phone calls etc but nothing just showed up took photographs clamped it then knocked on the door took 2 months arrears and 270.00 fee total of 700.00 wouldn't let me make any arrangements wanted payment in full

[theoldrouge]

so, who is the lender?

 

Do you have a copy of your agreement and the bill of sale?

 

Is your bos linked to a credit agreement?

 

Have you ever checked that your bos was correctly registered?

 

Was the agreement for van purchase?

[kymmie]

With auto money it's a bill of sale that's what he said recently moved home so can't access paperwork I think there was a credit agreement. I'm more upset about the total disregard of my sons condition I will be going into auto money in the morning i just need to know what to ask etc I only have 1 payment left now

[theoldrouge]

ok so you will be able to make a Formal Complaint about the whole episode to AutoMoney

 

but, I would strongly suggest, only in writing, including no doubt the many charges and fees that you have paid,

 

which if they refuse you would then be able

 

to forward to the fos. But to do this you need to gather all the information, by way of sending a sar to automoney.

 

Now if you wish to express your immediate concerns,

 

all logbook loan companies are at the moment only operating on interim authorisation from the Financial Conduct Authority.

 

Go to the FCA Homepage, click on contact us and send them an email with the full story.

 

They wont be able to look at individual complaints,(thats for the fos) but it will be passed to the appropriate team

 

the more complaints they receive, the more likely these companies will not receive full authorisation

[kymmie]

Thanks for your help much appreciated.

[kymmie]

Just done that it says invalid email. Also agent showed no ID or gave his name

[theoldrouge]

http://www.fca.org.uk/consumers/consumer-helpline

[kymmie]

Thanks again. All sent I got case ref number

[theoldrouge]

[kymmie]

Spoke to the company today requesting my bill of sale so I can get it checked. They said letter of default was sent out on 13th June I haven't received it or had any phone calls etc. Am I right in thinking if I have paid more than a 3rd of the amount they need a court order to repossess ? I also asked where they stood if a vulnerable child lives at property I was told that's not down to them. I will update when bill of sale is received. Thanks for the help

[theoldrouge]

sadly not if the bos is linked to a credit agreement, this is done to circumvent the obligations

 

under s90cca1974. So they lend you the money but retain full control and ownership.

 

The 1/3 rule only applies to hp or a bos linked to hp agreement

 

their only obligation is to send a correctly formatted default notice

 

and allow you 14 days from day of service

 

It happens alot to say they have sent the dn but somehow they are never received

 

very convenient for the logbook loan company

[theoldrouge]

so forward a sar to AutoMoney to start a reclaim for the charges inc the ridiculous £270 fee

 

include these in your formal complaint, and these can be looked at by the fos if refused.

 

how to check your bos-

.

email:QBEnforcement@hmcts .gsi.g ov.uk.[no spaces]

.

ring:020 7947 7772

.

write:

QB Enforcement Section,

Room E15-E17,

Royal Courts of Justice,

Strand, London, WC2A

...

.

ideally you need the BOS number

.

however

they can search by the Reg Number

[theoldrouge]

as regards to your question as to a debt collector visiting, they are responsible for the behaviour of their agent

 

so this can also be included in your formal complaint.

 

FCA guidance on this-

 

A firm must ensure that all persons visiting a customer's property on its behalf act at all times in accordance with the requirements of CONC 7 and do not1) act in a threatening manner towards a customer;

(2) visit a customer at a time when they know or suspect that the customer is, or may be, particularly vulnerable;

(3) visit at an inappropriate location unless the customer has expressly consented to the visit;

(4) enter a customer's property without the customer's consent or an appropriate court order;

(5) refuse to leave a customer's property when it becomes apparent that the customer is unduly distressed or might not have the mental capacity to make an informed repayment decision or to engage in the debt recovery process;

(6) refuse to leave a customer's property when reasonably asked to do so;

(7) visit or threaten to visit a customer without the customer's prior agreement when a debt is deadlocked or reasonably queried or disputed (see CONC 7.14 (Settlements, disputed and deadlocked debt)).

[kymmie]

Got bill of sale we signed 18th march. It was stamped 22nd march so looks like it s above board still going to try get the ridiculous collectors fee of 270.00 back and pursue with my complaint. They also give me logbook back does this mean the loan has terminated. Thanks for all your help

[theoldrouge]

if they have given you the logbook back, looks like the loan is fully repaid.

 

Obtain statement and check

[kymmie]

Thanks for all your help I ve heard back from the fca who have advised me to put complaint into the office of the company but they are laying blame with debt collecting company. It's all a huge headache. The loan is now paid and they are sending confirmation think I ll just let sleeping dogs lie and just live on a very tight budget till I can repay the money I had to borrow I am grateful to all help received just feel I'm fighting a loosing battle and I've 4 kiddies to look after lesson learnt I won't be making the mistake again.