BOS - Unenforceable?

[vento1]

What makes the BoS void? My BoS from a LBL company has a witness signature but it's from their own employee who dealt with my borrowing from them. Surely the witness should be a 3rd party and not linked to the lending company in any way?

[dx100uk]

general notes from the forum over the years

 

 

logbook loan repossessions are not always legal,

.

if linked to a CCA agreement or if the BOS has not been registered with the high court.

.

If BOS registered then yes they can reposses,

but have to show registration and debt details.

Registration

A bill of sale can only be enforced if it was properly registered.

Since this is an expensive and difficult process,

it is rare that this actually happens.

However, failure to register the bill of sale renders it void,

and so renders any security on goods void.

.

Consequently, before allowing any creditor to gain possession of your goods,

ask to see a registered copy of the bill showing the supreme courts seal.

.

You can also call the national debt line, and ask them how to search the registry yourself.

.

Also a valid DN must be issued.

.

If linked to a CCA then can not reposses if on private property without a court order

( but can if on public road and under a third has only been paid ).

.

Over a third, they need a court order wherever it is.

.

check for...[bOS]

.

No Independant signature

No Independant Witness

Not Registered With The High Court In 7 Days

not registered AT ALL!

.

Credit Agreement Details Not On The Bill Of Sale

.

how to check:

.

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

.

...............

dx

[vento1]

Thanks for that, BOS has been registered with the court within the 7 days.

 

However, the witness signature issue still stands.

 

The BoS laws state "Attestation by a credible witness who is not a party to the bill "

 

In my case, the witness was a party to the bill. How can I take this further?

[theoldrouge]

Thanks for that, BOS has been registered with the court within the 7 days.

 

However, the witness signature issue still stands.

 

The BoS laws state "Attestation by a credible witness who is not a party to the bill "

 

In my case, the witness was a party to the bill. How can I take this further?

 

sadly the OFT as was, lost the attestation issue by 2 to 1 on appeal

 

so you will not succeed via this avenue

[theoldrouge]

do you have a problem with your lbl which caused you to ask the question?

 

for your info here is the case as above

 

http://www.bailii.org/cgi-bin/markup.cgi?doc=/uk/cases/UKUT/AAC/2011/280.html&query=nine+and+regions+and+v+and+oft&method=boolean

[vento1]

Yes, I'm looking to get mine voided. Is there anything that can help?

[theoldrouge]

Yes, I'm looking to get mine voided. Is there anything that can help?

 

tell us why?