Bill Of Sales and repossession of goods - NOTE: much of this is now out of date - dx 2016

[Nicky Bodmin]

Hi Guys,

 

No is the answer.

 

The Bills of Sales Act was amended to allow a person from the company to witness the signature on the agreements, but the witness CAN NOT sign the CA and the BS there has to be three people present. The borrower the rep of the lender that sins both the cred agreement and the witness who can be an employee

[postggj]

This now has my attention

 

i have a fixed sum loan agreement secured by a bill of sale

 

both have been sdigned by the same person

 

the vehicle in question was repo on the security of the bill of sale

 

can you please give a relevant link to the statute or case law link to affirm this

 

many many thanks

 

i am acting on behalf of a third party

[postggj]

Bills of Sale Act (1878) Amendment Act 1882

Section 10

 

AttestationThe execution of every bill of sale by the grantor shall be attested by one or more credible witness or witnesses, not being a party or parties thereto. So much of section ten of the principal Act as requires that the execution of every bill of sale shall be attested by a solicitor of the Supreme Court, and that the attestation shall state that before the execution of the bill of sale the effect thereof has been explained to the grantor by the attesting witness, is hereby repealed.

 

I BELIEVE THIS IS THE ANSWER TO MY QUESTION

 

DO YOU AGREE NICKY BODMIN

REP WELL AND TRULY EARNED ON THIS ONE IF CORRECT

[postggj]

The execution of every bill of sale by the grantor shall be attested by one or more credible witness or witnesses, not being party to the parties thereto means the person signing the credit agreement cannot sign the bill of sale

[Nicky Bodmin]

Hi yes sorry the witness statement is on the BS.

So the person signing the CA along side the borrower cannt then be the signature on the witness statement(on the BS)

[Hip_Hop]

The execution of every bill of sale by the grantor shall be attested by one or more credible witness or witnesses, not being party to the parties thereto means the person signing the credit agreement cannot sign the bill of sale

 

Hi Postggj,

 

you may want to revisit my thread on this very same point. It was the thread that you originally responded that you were going to react too, but didn't? It covers the same grounds, that of attestation same signature on BOS point. Incidentally, later in that thread, reference is made to an appeal that is currently in place on this very point between LBL and the OFT. You may want to research further before advising 3rd party? http://www.consumeractiongroup.co.uk/forum/showthread.php?278273-Attestation-same-signature-on-BOS-Affidavit-amp-CCA-Credible-witness-Party-thereto Hope it is of help?

[dx100uk]

closed