Varooma come to take my car

[rattlywelshboy]

Hi All,

 

I took out a log book loan for my sins due to personal circumstances at the time.

 

Payments were being made

 

unfortunately had a bout of ill health which caused me to miss 2 consecutive payments.

 

Loan was for 12 months and

made the first 4 on time before the ill health.

 

I received a default notice after the second missed payment,

the notice said that I only have 7 days to remedy the situation and pay the arrears and the charges applied.

 

I then got a call on the 7th day to advise that as the default notice had not been remedied

that the account had now been passed to repossession and that I need to pay the arrears and charges in full to stop the repo.

 

I said that the default notice should give me 14 days to pay as the loan is under the CCA,

he said that they had sent a default notice 7 days before the default notice I received and that the DN I received was a reminder.

 

I said that I never received the first DN and not anywhere on the DN I received says that it is a reminder

and that I have a further 7 days to sort out and that anyone reading the DN would assume that it is the only DN received.

 

He said that he would look into this and come back to me,

I also made a monthly payment at the same time which reduced my arrears to 1 month.

 

Didn't hear any more until 3 days ago when

 

I got woken up at 7am by someone wanting to repo the car,

they clamped it and demanded the arrears and an additional £475.00 which is the repo fee.

 

I had no choice but to raise the funds there and then as I use the car to ferry my 2 disabled children around.

 

Can varooma the log book loan company pass my car for repo after only 7 days from date of default notice

rather than letting me have the 14 days as they should do.

 

Help would be much appreciated.

 

Thanks

[fkofilee]

Damn, bad times and sorry to hear about what they are doing.

 

 

A DN should technically have 14 days to allow you to correct any arrears before telling you that youre about to enter Default.

 

At least its not all doom and gloom right this second, you still have the car.

 

But that fee they charged you is overly excessive!!!

 

We can help, however, these loans are usually accompanied by 2 important documents,.

 

A Bill Of Sale

Consumer Credit Agreement

 

Do you have both of these?

 

Just to add these types of loans are not my speciality, however Ill help where I can.

[dx100uk]

they cant do that

the DN was invalid.

where was you car parked please

dx

[rattlywelshboy]

Hi,

 

 

I will dig out the agreement but don't recall ever seeing a bill of sale. The car was parked outside my house as I thought that I still had time to remedy the situation so didn't move the car away.

[fkofilee]

Youch,... If its on private property, Garage, then they cant force entry.

 

Find the Bill of Sale and check if its registered, DX can tell you more.

[rattlywelshboy]

Can I ask the log book company for a copy of the BOS and do they have to provide it. How can I check the BOS to see if its genuine. thanks

[dx100uk]

from my notes.

>>>>>>>>>>>>>>>>>>

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

.

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

also see:

http://www.fca.org.uk/firms/firm-types/consumer-credit/consumer-credit-research/logbook-loans

.....

Do you have a problem with a Logbook Loan?

With Citizens advice estimating that over 60,000 of these loans were taken out in 2014 alone

an increasing number a causing severe difficulty and distress for borrowers.

In this guide we explain what a logbook loan is, and how they work.

What you can do if you have a repayment problem,

and what you can do if you have unknowingly bought a car with a logbook loan attached.

Three golden rules for Logbbok Loans

1)No matter how desperate you are to purchase a car, or raise cash,

NEVER consider this type of Finance

These loans are designed purely for the benefit of the lenders.

With APRs of 400+%, little consumer protection, and aggressive debt collectionicon practices

they should be avoided at all costs.

2)When purchasing a used car from whatever source,private or trade,

ALWAYS do a FULL GENUINE HPI CHECK costing around £20,

these come with a guarantee against any form of existing finance, including lbl's

3)If you have any problem with a Logbook Loan,

your first step is ALWAYS to check that the Bill Of Sale has been registered

with the High Court. You can do this here-

to check if registered

Contact Details

QB Enforcement Section

Room E15-17

Royal Courts of Justice

Strand

London

WC2A 2LL

DX 44450 Strand

Telephone: 020 7947 7772

Fax: 0870 324 0024

Email: QBEnforcement@hmcts.gsi.g ov.uk

You may read on the internet that your BOSicon will be void if witnessed by your lbl lender

Since the OFT( as was) lost the attestation case on appeal by 2 to1 this is NOT the case

full details here http://www.bailii.org/cgi-bin/markup...method=boolean

Logbook loans are a form of credit dating back to the Victorian era,

derived from the 1878/1882 Bills Of Sale Acts, with terms and conditions to match in many cases.

Problems are manyfold from extortionate charges by lenders for calling a customer,

to repossessions where owners have been left at the side of a busy road,

unable to get to work, and even sexual harassment via debt collection.

Poor practices abound, unsurprising when there is no incentive for lenders

to ensure their customers understand the terms or can afford the repayments.

In fact the very nature of this form of finance could be seen to encourage bad behaviour

– why carry out affordability checks if a single missed payments means you get to keep

the money and takeaway the car?

How does it work?

When you take out a logbook loan you will be asked to hand over your vehicle’s logbook

or vehicle registration document, which proves you are the registered keeper of the vehicle.

You’ll also have to sign a credit agreement and a form called a ‘bill of sale’.

This means the lender now owns your vehicle on a temporary basis

but you are still able to use it so long as you meet all loan repayments.

These documents are recognised by law in England, Wales and Northern Ireland

but are not used in Scotland.

The law only recognises a bill of sale if the lender registers it with the High Court.

If it’s not registered, the lender must get a court’s approval to repossess your vehicle.

You should check if the bill of sale is registered.

 

What you should do if you have a repayment problem

1) check your Bill Of Sale is registered as above

2) the lender must send you a default notice which complies with the requirements of s87(1)cca1974

allowing you fourteen clear days to remedy any default (which can be after one missed payment)

You should , if your lender will not negotiate a reduced payment, straight away on receipt of the dn

look to take out a time order. This gains you the protection of the court, which can look into the overall loan--

https://www.nationaldebtline.org/EW/...t/Default.aspx

 

What you can do if you have purchased a car with an existing logbook loan

.

If you receive a letter threatening to repossess the car or an enforcement officer

turns up at your home to take it, you may not be able to stop them.

.

•ask to see proof of their identity and their authorisation to take the car

•ask to see the bill of sale document – they have to show you this if you ask for it

•if you feel threatened by how an enforcement officer is behaving, call the polic

•ask for written confirmation of what has been taken

•get the contact details for the logbook loan company.

.

If the lender has taken your car, you can try to get it back

and reclaim your money from the seller.

However, this can be a costly and time-consuming process and is not guaranteed to succeed.

.

If you want to get the car back, you could pay off the outstanding loan

and then take the person who sold you the car to court, to try to get your money back.

.

If you just want to get your money back, you can take the person who sold you the car to court.

Always get independent advice before you decide to take someone to court.

.

Some lenders are members of the consumer crediticon Trade Association (CCTA),

which has a code of practice covering logbook loans.

The code of practice says the lender must register the logbook loan on a register,

so it will show up when you carry out a history check on the car.

It also says they must obey certain rules when they repossess a car.

.

If you are unhappy with the way a logbook loan lender or its enforcement officers have behaved,

find out whether they are a member. If so, you can complain directly to the CCTA.

However this code is regularly ignored

.

http://www.ccta.co.uk/content/our-code.aspx

.

Finally both the Financial Conduct Authority and the Law Commission are investigating

Logbook Lending and the associated legislation,

full details here--

.

http://www.fca.org.uk/firms/firm-typ.../logbook-loans

.

http://lawcommission.justice.gov.uk/...ls-of-sale.htm

.

for anyones info, you must act immediately on receipt of a default notice

.

What you should do if you have a repayment problem

.

1) check your Bill Of Sale is registered as above

.

2) the lender must send you a default notice which complies with the requirements of s87(1)cca1974

allowing you fourteen clear days to remedy any default (which can be after one missed payment)

.

You should , if your lender will not negotiate a reduced payment, straight away on receipt of the default notice look to take out a time order. This gains you the protection of the court, which can look into the overall loan--

.

https://www.nationaldebtline.org/EW/...t/Default.aspx

.

dx

[dx100uk]

you'd paid more than 1/3rd I think

they needed a court order

 

but anyway the default notice was invalid.

so you can get those fees back

 

and under the CCA the fact that they repo'd without a court order [if you'd paid over 1/3rd]

now invalidates the agreement totally I think.

 

 

was the car on your private drive or on the public road

[rattlywelshboy]

Car was on a public road.

 

 

Can I ask to have the repo fee of 475.00 refunded as they only give me 7 days to remedy the default notice.

[dx100uk]

ask no - demand yes!

 

 

I've asked someone to pop in.

 

 

what type of agreement o you have?

 

 

does it say conditional agreement?

does it mention a bill of sale?

 

 

can you scan it up please..

 

 

follow the upload

[fkofilee]

Like DX said, we need to see the paperwork on this... Its important!

[theoldrouge]

Yes let's see the paperwork

 

If a BOS/credit agreement matters not whether you have paid 1/3, your only protection is the default notice

 

Which must be compliant

 

So if BOS then check to see if registered, if so letter of Formal Complaint to the lender

 

demanding refund of the charges, which can then go to FOS if refused

 

 

If HP different situation if you have paid more than 1/3