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

[Guest]

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

Yes this is just the CCA agreement.

[shellsj]

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

Yes this is just the CCA agreement.

Well thats definitely all I signed for the second loan! As I have an email from someone at varooma saying print off, send back and we will transfer the money. So how can there possibly be a BOS for the second one?! If there is I certainly didn't sign it!

Hurry up postman pat!

[Guest]

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

Well thats definitely all I signed for the second loan! As I have an email from someone at varooma saying print off, send back and we will transfer the money. So how can there possibly be a BOS for the second one?! If there is I certainly didn't sign it!

Hurry up postman pat!

Are DG aware that the issue of the BOS is in dispute ?

[Guest]

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

Drop me s PM when it arrive, and I will come back to the thread, sometimes my notifications don't seem to work on here.

[shellsj]

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

Are DG aware that the issue of the BOS is in dispute ?

Yes I have emailed them this morning as well letting them know.

Will do on the PM

[shellsj]

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

Right the letter from Varooma has arrived!

The bill of sale is dated 18/10/2012, which was the date of my original loan AND has my old address on it as well.
June 2013 was the date of my 2nd loan.

In the letter he refers that I applied for a loan on 06/06/13 for £400. Total sum repayable was £672.

He says I have previously made 5 of the 6 payments on time, and kept in touch, and it was the 6th one I missed which has led to all this, in a nut shell.

He is removing £16.50 for a late payment notice, and £1.50 for an SMS.

He says the vehicle has not been collected, and the £475 repo session fee still outstands on my account.

He says other charges added were lawful as per the contract signed on completion of the application.

He says he is willing to accept £120 a month and once I have made the first payment, he will remove £325 of the £475 repossession fee.



So basically, IS THE BOS STILL VALID FOR THE SECOND LOAN? DOES IT STAND OR NOT? Bearing in mind the date and the fact that I moved house before taking out the second loan?

The BOS was witnessed by a field agent as well.
He hasn't actually said in the letter the total of what I actually do owe, just that £120 a month is acceptable.

Thoughts?

[shellsj]

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

I also thought the BOS had to be stamped? But maybe I am wrong!

[shellsj]

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

It won't let me attach the picture of the BOS, Andy is there another way I can get it to you to look at?

[Guest]

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

No it must accompany the loan, it does not comply.

Regarding the BOS you sent. You may be aware that this document must be signed and executed at the time of the advance, this is a requirement of the Bill sale ac t 1882. Section 8

http://www.legislation.gov.uk/ukpga/Vict/45-46/43

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

You should be aware that any recovery action taken to enforce a void BOS is itself void, there therefore cannot be any associated costs incurred .

(Optional) I am however aware that there is a contractual obligation to repay the consumer credit agreement and wish to make an arrangement as mentioned earlier to repay any sums contractually due.

[shellsj]

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

I have just emailed the above to Varooma and got the following reply

"In relation to the BOS, as the amount of credit has not changed the BOS is still active until the High Court is notified which as of yet it has not. As long as the BOS stays active the vehicle remains our asset. Thank you for accepting the offer out lined in my response. Once we have agreed on dates this afternoon I will be happy to go through any queries you have regarding monies owed"

[Guest]

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

I also thought the BOS had to be stamped? But maybe I am wrong!

Yes it does, I will bet it is not even registered, now is the time to consider that complaint.

[Guest]

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

I have just emailed the above to Varooma and got the following reply

"In relation to the BOS, as the amount of credit has not changed the BOS is still active until the High Court is notified which as of yet it has not. As long as the BOS stays active the vehicle remains our asset. Thank you for accepting the offer out lined in my response. Once we have agreed on dates this afternoon I will be happy to go through any queries you have regarding monies owed"

I understood the amount of credit had changed, also the date of the advance does not mach the date of registration, it is void.

[shellsj]

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

I understood the amount of credit had changed, also the date of the advance does not mach the date of registration, it is void.

They seem to think that because its the same amount and same vehicle it still stands

Anyhow, I've paid them £120 and have to do the same for another 3 months, then it's all over! Guess am pleased that it's now only £360 to pay, rather than £1200!

Thank you so much for all the help on this forum, I genuinely don't know where I would have been without the advice here

Thank you

[Guest]

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

They seem to think that because its the same amount and same vehicle it still stands

Anyhow, I've paid them £120 and have to do the same for another 3 months, then it's all over! Guess am pleased that it's now only £360 to pay, rather than £1200!

Thank you so much for all the help on this forum, I genuinely don't know where I would have been without the advice here

Thank you

Nonsense they do not have a leg to stand on.

As a final thought perhaps something like this to DG

Regarding the resent cal made at my address to repossess my vehicle. It has come to my notice that there is no properly executed bill of sale agreement currently outstanding on this vehicle.

In absence of any other court documentation the seizure would be unlawful and would incur the appropriate legal action being taken against you.

I respectfully suggest that you return the assignment to the lender, I of course will not be liable for any costs incurred thus far in this matter.

many thanks

[Guest]

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

I have just emailed the above to Varooma and got the following reply

"In relation to the BOS, as the amount of credit has not changed the BOS is still active until the High Court is notified which as of yet it has not. As long as the BOS stays active the vehicle remains our asset. Thank you for accepting the offer out lined in my response. Once we have agreed on dates this afternoon I will be happy to go through any queries you have regarding monies owed"

Just reviewing this thread if you are still about. If you do decide to make compliant to the FCA CAB/TS(which at this point is a good idea IMO). Copy the email which states the above, it is a grossly incorrect and potentially dangerous idea that a bill of sale once issued can be used to secure any transaction until they seek to have it cancelled, if they have put this in writing it could cause them all kinds of problems.