bill of sale signing question

[postggj]

quick question

the prohibition on signing a bill of sale is say against the person giving the finance

can an employee of a party be a proper witness to signing of a bill of sale

in other words

does the witness to signing of the bill of sale need to be totally indapendant of the finance granter, including employees

this is in relation to car finance

[Caspar]

Re: bill of sale signing question

As far as I can find out there is no legilation stating a witness has to be independent. It is actually possible to have a Bill of Sale without a witness. The ideal would be to have it witnessed by a solicitor.

[postggj]

Re: bill of sale signing question

please confirm

a bill of sale has to be countersigned /witness by a solicitor or am i barking up the wrong tree

[Caspar]

Re: bill of sale signing question

8. Bill of sale to be void unless attested and registered.Every bill of sale shall be duly attested, and shall be registered under the principal Act within seven clear days after the execution thereof, or if it is executed in any place out of England then within seven clear days after the time at which it would in the ordinary course of post arrive in England if posted immediately after the execution thereof; and shall truly set forth the consideration for which it was given; otherwise such bill of sale shall be void in respect of the personal chattels comprised therein.

10. Attestation The 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execution of the bill of sale the effect thereof has been explained to the grantor by the attesting witness, is hereby repealed. (NB This section has been amended by the Statute Law Revision Act 1898, but this is not available online from the link in the Bills of Sale Act yet).

[postggj]

Re: bill of sale signing question

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


NOW UNDER WHAT LEGISLATION CONFIRMS THIS

A LINK WOULD BE NICE

I HAVE SOMEONE WHO HAS A BILL OF SALE AND CREDIT AGREEMENT SIGNED BY THE SAME PERSON AND IT NEEDS TO GO INTO A WITNESS STATEMENT

MANY THANKS

[Caspar]

Re: bill of sale signing question

If we agree that "The 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"
means the person signing the CA cannot sign the BS, then here is a link:


Bills of Sale Act (1878) Amendment Act 1882

[postggj]

Re: bill of sale signing question

This Is What Forums Are All About

Any Chance Of A Donation Link

[CleverClogs]

Re: bill of sale signing question

This Is What Forums Are All About

Any Chance Of A Donation Link

How much are you asking people to give you?

[postggj]

Re: bill of sale signing question

I Take It The Forum Runs On Donations And Not Hot Air
------------------------------- merged -------------------------------
Need My Glasses

Did Not See Donate Link At Top

Many Thanks

[postggj]

Re: bill of sale signing question

Log Book Loans Ltd & Nine Regions Ltd v OFT [2011] UKUT 280 (AAC) (13 July 2011)

comments and confirmation of this judgement please in plain english for the benefit of everybody

[MIKE770]

Re: bill of sale signing question

This Is What Forums Are All About




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Note:- top of page right hand side of headder
next VIP button.

[Esio Trot]

Re: bill of sale signing question

If we agree that "The 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"

means the person signing the CA cannot sign the BS ...

I am thinking that the matter is not as clear cut as Casper suggests.

Please bear with me while I play devils advocate.

If the CA is that of a corporate body e.g. Grabbit Loans plc, then the signatory would be Jane Bloggs on behalf of Grabbit Loans plc. (one of the parties). The BS would then be signed by the other party with Jane Bloggs signing in a personal capacity as witness. Jane Bloggs, in her personal capacity is not the corporate body, and thus not a party.

[Caspar]

Re: bill of sale signing question

I think you'd find it very hard to prove that Jane Bloggs was not a party to the agreement. I think you'd also find it hard to prove that the Jane Bloggs who signs one minute as a corporate body could seconds later divorce herself from this corporation and sign as an individual.

Basically I think you're wrong!

As always I'm the first to admit I'm not always right, but I hope for the OC in this case I am.

[postggj]

Re: bill of sale signing question

Update

log Book Loans Had There Total Case Thrown Out On The 17 Auguest

I Am Desperate To Get The Court Transcript But To No Avail

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