Please help/ logbook loan and bailiffs! Stressed and so upset!

[bluebottle]

Re: Please help/ logbook loan and bailiffs! Stressed and so upset!

What can the complaint to the debt people (even though their website does say baliffs) say exactly?

I will contact FCA/FOS 1st thing tomorrow as well to speak to them.

This is seriously making me ill worrying about all of this!

Always make initial contact with a regulator by phone in the first instance. It can save a lot of wasted time and effort later. The FCA has taken over the functions of the Financial Services Authority (FSA) and the debt and consumer credit licensing/regulatory functions of the Office of Fair Trading (OFT).

Hopefully, once you have spoken to the FCA, you will be feeling a little better.

[Guest]

Re: Please help/ logbook loan and bailiffs! Stressed and so upset!

With regards your complaint, I would state that you are very concerned at the high rate of charges connected to this account which appear out of proportion with the original debt. I would also mention that you have concerns that the debt collector is making unrealistic demands for repayment. Quote any relevant sections of the OFT guideline document.

State that you require recovery action to be suspended whilst this complaint is being investigated. Advise that you require the findings of their investigation within 8 weeks and 3 days from the date of your letter. Failure to supply this will result in you considering escalating your complaint to the Financial Ombudsman Service.

& don't worry-They rely on bluffs & your ignorance. Most of what they say is hot air. They cannot even visit you without your permission. Get proof of posting as well.

EDIT I would also mention in your complaint that 2 men turned up uninvited at your home without giving you prior notice (this is also contrary to the OFT guidelines)

[shellsj]

Re: Please help/ logbook loan and bailiffs! Stressed and so upset!

Thank you for the above 2 posts.

When you say they can't even visit, they already have though? And I am confused as to weather they are baliffs or not? Their website says DG collection services baliffs, and CAB said they were, but on here ive been told they aren't? If they are baliffs can they still not visit?

[shellsj]

Re: Please help/ logbook loan and bailiffs! Stressed and so upset!

And I am still very worried about the poor people who actually have the car at the moment being visited in the next couple of days, having their car taken and coming to find me!

[Guest]

Re: Please help/ logbook loan and bailiffs! Stressed and so upset!

As soon as the complaint goes in, recovery action should stop. The threat of the FOS will hopefully have an impact as well.

I can assure you that whatever these people are, they were not acting in the capacity of bailiffs when they visited you. It may well suit their means for you to believe that they were.

For peace of mind, you may wish to include in your complaint wording along the lines of:

Please take note that as from today, I am only prepared to communicate with you in writing. You do not have my permission to visit me at my home.

[shellsj]

Re: Please help/ logbook loan and bailiffs! Stressed and so upset!

Thank you, I will be taking your advice on this, you have really helped me as I was trying to get some clarity. Thank you so much. I will update once I've spoken to necessary people

[Guest]

Re: Please help/ logbook loan and bailiffs! Stressed and so upset!

Have you checked that the bill of sale is registered, and enforceable ?

[shellsj]

Re: Please help/ logbook loan and bailiffs! Stressed and so upset!

Have you checked that the bill of sale is registered, and enforceable ?

No, how would I go about that?

I have seen the bill of sale thing being thrown about other sites, but I wasn'r sure if that was just for HP agreements?

[Guest]

Re: Please help/ logbook loan and bailiffs! Stressed and so upset!

http://www.justice.gov.uk/courts/rcj...ch/enforcement

Give the court a ring, i have not done this for a while and am unsure if the procedure is the same but they will fill you in on the best method of checking the details, if you have the BOS or the number the fee used to be just a fiver.

If the BOS was not registered within 7 days of the transaction it cannot be actioned to recover goods, it also has to be in the correct form. They do not need a court order to reclaim goods if the BOS is compliant.

[shellsj]

Re: Please help/ logbook loan and bailiffs! Stressed and so upset!

http://www.justice.gov.uk/courts/rcj...ch/enforcement

Give the court a ring, i have not done this for a while and am unsure if the procedure is the same but they will fill you in on the best method of checking the details, if you have the BOS or the number the fee used to be just a fiver.

If the BOS was not registered within 7 days of the transaction it cannot be actioned to recover goods, it also has to be in the correct form. They do not need a court order to reclaim goods if the BOS is compliant.

Thank you, I will contact the court today as well to find out about the business of sale!

The original logbook loan I paid off, but then they gave me another £400 in June last year which is the one in question. All I have paperwork wise from this loan is a credit agreement, which they emailed me to sign and post back.

Busy day!

Having had a look I received a default notice by email, not post, on 1st March that was for the amount of £179, which is the figure all of this mess has arisen from! Do you, or anyone think, that due to the fact I had less than a third left to pay off, and that they now want £1287.33 from me, I would have a reasonable case to argue unfair and unreasonable charges? That's £1108.33 CHARGES in 8 weeks! Surely that is not right?

I am going to write my complaints today as well, and attempt to pay them £120 if they even let me!

[shellsj]

Re: Please help/ logbook loan and bailiffs! Stressed and so upset!

How does this letter sound?

Re: Complaint to Varooma/ DG Collection Services

Dear Sirs,

I wish to put in a complaint to yourselves, regarding unfair and unreasonable charges being added to my original debt.

I received a default notice from Varooma on 1^st March by email, for the sum of £179, and since this date, £1108.33 has been added, making the total £1287.33.

I am very concerned at the high rate of charges connected to this account, which appear out of proportion with the original debt. I also have concerns that unreasonable demands for repayment are being made, which does not go in line with the guidelines set out by the OFT.

I had no prior notice of the visit from DG collection services, which again goes against OTF guidelines.

I will be contacting the FCA regarding this matter, as if arrears are mostly made up of excessive, unfair or unlawful charges, they can issue Varooma with a formal warning, impose a fine, or even revoke licences.

I require all recovery action to be suspended while this is being investigated, and I require your findings of your investigation within 8 weeks and 3 days of the date of this letter. Failure to supply this, will result in me considering escalating my complaint to the Financial Ombudsman Service.

I have made an offer of payment of £120 a month, to both Varooma and DG Collection Services, which I have had no reply regarding. I feel this is a fair amount to be paying back, considering on 1^st March I only owed you £179!

I also request a copy of the bill of sale.

As from today, I am only prepared to communicate with you by email or in writing, you do not have permission to visit me at my home.
.
Regards

Shelley Jones

[Guest]

Re: Please help/ logbook loan and bailiffs! Stressed and so upset!

If it were me I would find out the status of the loan first.
If they are enforcing a bill of sale agreement (.and it is correctly formatted) they are entitled to commence recovery actions for the vehicle, which means that the fees for those collection activities may be justifiable(to them, vehicle recovery charges) however if the BOS is not correct then they had no right to call for the car, and all of those charges fall away.

To enforce a credit agreement they would need to obtain a court order, it is not justifiable for a DCA to charge such fees for merely doorstepping someone for a debt.

[Guest]

Re: Please help/ logbook loan and bailiffs! Stressed and so upset!

Andy-Do you not think it better to get the complaint in straight away?

First & foremost, it should get further action suspended immediately. Secondly, there are matters raised that have no bearing on the BOS & need to addressed in any case. if the BOS is not correct then this will be a bonus.

I would personally get the complaint in at the earliest opportunity.

[wales01man]

Re: Please help/ logbook loan and bailiffs! Stressed and so upset!

It needs checking to see what are the facts Credit agreement or Bill of sale.
any complaints before the details are known will probably fail One problem is where is the car if the agents find it and can legally seize it this opens up another can of worms.
Facts First then action?

[Guest]

Re: Please help/ logbook loan and bailiffs! Stressed and so upset!

Andy-Do you not think it better to get the complaint in straight away?

First & foremost, it should get further action suspended immediately. Secondly, there are matters raised that have no bearing on the BOS & need to addressed in any case. if the BOS is not correct then this will be a bonus.

I would personally get the complaint in at the earliest opportunity.

I think it is important to know what you are complaining about. The procedures for enforcing a bill of sale are completely different to those involved in the enforcement of a credit agreement.

There are protections available in the latter which do not apply to bills of sale. Although I am sure that the charges can be challenged in both cases the cause for complaint will differ dependent on which course of action they are entitled to take.

It should be remembered also that the regulators will not have an immediate effect on any demands for payment, although it may be very satisfying to complain in reality the best course of action is to find out what you owe and either pay it or make an arrangement, or conversely find out what you do not owe and tell them to sod off.