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Logbook Loan Help - potential DRO

Evening,

I took out a log book loan (wrong choice ever but needs must at the time). The car broke after taking the loan out, complete engine failure and was going to cost more than the car was worth. I notified the loan company and they said that I would still need to pay the loan

So called a number in the paper and had the car scrapped. I went to work came home and it was gone no paper work or reciept.

Today I have had baliffs come round!

I was not in but they knocked on all the flats asking for me and then knocked on my door my wife answered and spoke to them and advised them the car was scrapped they called me on my mobile and I advised it was scrapped and the loan company was aware of this.

The bailiffs where very rude to my wife telling her not to lie and saying they would come back with a warrant to remove house goods.

I spoke to them and first asked if they were bailiffs or high court and they said court bailiffs so I ask the question again and again until they answered me they are bailiffs. I told them that it is not a good start to this conversation lying to me!!

Anyway they say that the car has not been marked as scrapped so I am a little worried there of course.

My questions are:
1. Can they enter the property to remove goods?
2. The car I believed was scrapped of which apparently it is not were do I stand there.
3. They are adding ridiculous charges and the bailiffs too can they do this?

I have lost my business and can't afford to pay and currently going through a DRO where do I stand with that?
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Comments

  • DevCoder
    DevCoder Posts: 3,361 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    1, If you or your wife allowed them into the property then they can do a walking possession of goods, forcing entry if need be in the future. If no access was granted then Id suggest you lock all windows and doors.

    2. You need to clarify with the log book company as to its status.

    3. They can apply certain charges depending on who they are, the logbook company can also apply punitive charges as long as they are deemed "fair".

    As regards your DRO, if these charges take it above the £15K limit then the DRO has a chance of failing.
  • I thought only High Court Bailiffs can remove goods not you normal bailiffs?

    As to the DRO that won't put me over the 15k limit but can they chase me if that is going through?
  • forgotmyname
    forgotmyname Posts: 32,755 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You scrapped a car that doesnt really belong to you.

    Will they chase when you apply for a DRO. Probably some companies chase people even after bankruptcy. Sometimes they take a bit of persuading to go away.
    Censorship Reigns Supreme in Troll City...

  • Tixy
    Tixy Posts: 31,455 Forumite
    How long ago was the car scrapped?

    Are you up to date with the repayments on the logbook loan?

    Have the logbook loan company taken court action in relation to the debt? or had they 'just' sent the bailiffs round to reposses the vehicle?
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • herts84uk
    herts84uk Posts: 5 Forumite
    edited 11 December 2014 at 10:36PM
    The company that came for the car was Wrights Recoveries.

    I have looked and they are not bailiffs or court bailiffs.

    For one they told my partner they wanted access to the house and that they had a warrant of which they could not provide.
    Second I advised the loan company that I was scrapping the car as it was beyond repair.
    Also they say that the DRO does not stand for them as it is a bill of sale agreement.

    I have just sent them an email asking for SCANNED copies of all letters they have sent as we never had any and also if the original agreement has been brought by them or if it still stands with the company I took the loan out with

    The last contact with the loan company was 30 July no letters, emails from then.

    No I am not up to date with payments due to my business failing hence the DRO.
  • The bill of sale is secured on goods only.
    They will have to go find the car.
    If they come back, call the police and ask them to attend as you believe bogus officials are at your house claiming to be from the court.
    I do Contracts, all day every day.
  • The bill of sale is secured on goods only.
    They will have to go find the car.
    If they come back, call the police and ask them to attend as you believe bogus officials are at your house claiming to be from the court.

    The funny thing is they said they were court bailiffs to me then I asked the question again are you bailiffs or high court and he said court bailiffs then I could hear the other guy saying "tell him" so they was lying from the start!

    The problem I have is from my belief the car was scrapped and they are saying that there is not a marker on the DVLA saying that so the guy that took the car is obviously breaking it for part sale I belief.

    So if the bill of sale is secure on goods only they can't remove goods from the house then?
  • rizla_king
    rizla_king Posts: 2,895 Forumite
    What complete lying scumbags Wrights Recoveries seem to be.

    They are not bailiffs.
    They have no court order.
    They have no right to enter your house.
    herts84uk wrote: »
    So if the bill of sale is secure on goods only they can't remove goods from the house then?

    Its only secured on the car. Thats all they can touch and since you dont have it they are left with the illegal lies and threats theyre making.

    If they try to take anything or get in your house or make illegal claims they are bailiffs call the police.
    Still rolling rolling rolling...... :) <
    SIGNATURE - Not part of post
  • The debt can, and has to, go in a DRO. The security effectively no longer exists and therefore the debt is unsecured. Your rights, once a DRO is approved, outweigh theirs. It won't be the first time that they have made a loss on this type of loan, which is reflected in the enormous APR charged on these deals which are, let's face it, fraught with risk for the lender.
  • As you've handed your car over to A. N. Other with no bill of sale or receipt, can you confirm you've received a COD (certificate of destruction). You also need to fill in section 9 (‘Notification of sale or transfer’) of your V5C registration certificate and send it to DVLA.

    If you haven't, you could still be liable for traffic offence penalties or vehicle tax.
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