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log book loan - Marko Bespalyj

Hi

I an the owner of a car and a relative is the registered keeper ...the said relative has taken out a log book and the company is now trying to reposess. Can they do this if I am the owner ??

log book loan - Bromptonaut

In order to understand this better it would be useful to know why/how you are in situation of being owner while someone else is Registered Keeper.

Log book loans (technically Bills of Sale) are a complex area of law overdue for reform. The links below will give you some ideas. :

www.citizensadvice.org.uk/about-us/campaigns/curre.../

www.citizensadvice.org.uk/Global/Public/Education%...f

www.nationaldebtline.org/EW/factsheets/Pages/billo...#

www.moneyadviceservice.org.uk/en/articles/logbook-...s

You need proper advice NOW. National Debtline is open until 13:00 today on 0808 808 4000

If bailiffs are already trying to take the car try and keep it well away from your home or the premises where it is registered.

Edited by Bromptonaut on 04/03/2017 at 12:11

log book loan - Middleman

If bailiffs are already trying to take the car try and keep it well away from your home or the premises where it is registered.

As well as doing that (which may not be entirely convenient) make sure you have to hand some form of proof of ownership (such as the purchase documents, receipt, etc.). The Registration Document (aka the "Log Book" but actually the vehicle's V5C) is NOT proof of owenership. Bailiffs know this (and often use it to their advantage when trying to take possession of vehicles).

After this has been sorted, best to have the vehicle registed in your own name. Is there any particular reason why it is not? Are you the person who uses it most? If so, having it registed elsewhere could cause you problems as you may not receive notification of any tallegations of traffic violations . As a result you may end up having to defend a S172 charge (Fail to Provide Driver's details).

log book loan - Marko Bespalyj

Thanks for your replies so far

I have my own car and bought a car for my nephew to use - he was the reg keeper and I am the owner. He has taken out loans on the log book without my knowledge and against my express instructions and now my niece is telling me the company (V----------) turned up at his girl friend's house with a transporter.

log book loan - Falkirk Bairn

Theft!

log book loan - Middleman

The main problem you face is that when the bailiffs turn up to your nephew’s place and they attempt to repossess the car they will assume, in the absence of anything to the contrary, that the car belongs to him. This is not unreasonable because (a) he has (or perhaps "had" if handing it over was part of the loan process) the V5C and it is registered in his name (although this is not proof of ownership) but also (b) he has the car in his possession, (c) it is at his address and (d) he has taken out loans against it.

If it is taken you should have 7 days to make representations to them to prove that it belongs to you. If you successfully do so it should be returned to you.

I must say I don’t know too much about “log book loans” but reading a little it seems that ownership of the vehicle is formerly transferred to the loan company for the duration of the loan. In effect it is sold. This places your nephew in a bit of a tricky situation because it seems he has knowingly sold something that he does not own. Apart from the debt problem he now faces (assuming you get to retain the car) he may also face a criminal charge as it seems he made a false representation to obtain the loan.

As has been said, I think you need to take expert advice.

Edited by Middleman on 04/03/2017 at 14:23

log book loan - RobJP

As 'Middleman' has said, it does appear that your nephew has obtained the loan by fraud.

You might want to give some serious consideration as to which is more important - the car, or your nephew getting a serious criminal record.

Professional legal advice is essential. Whilst we are well-meaning, we cannot be a replacement for a solicitor.

log book loan - Palcouk

Theres no Insurance Fronting going on here as well is there?

As others have said, on the face of it, assuming the 'loan firms' are legal services is it would appear that your nephew has commited fraud, as you cannot take out a log book loan on a vehicle you do not own.

log book loan - RT

Theres no Insurance Fronting going on here as well is there?

As others have said, on the face of it, assuming the 'loan firms' are legal services is it would appear that your nephew has commited fraud, as you cannot take out a log book loan on a vehicle you do not own.

And even if you do - the loans need paying back!

log book loan - Marko Bespalyj

I would like to thank everbody for their kind replies

No there hasn't been any insurance fronting ....

It has become very clear to me what has ocurred and I am a very angry uncle at the moment

log book loan - nortones2

Good luck sorting this out, but I fear you will need legal advice (try Citizens Advice) unless you write off the car to bitter experience.

As is often said in this sceptered isle "no good deed goes unpunished".

log book loan - RichardW

2 options as I see it...

1. Make a fuss, and say car is not Nephew's - in which case Loan Co is likely to go to police and report Nephew for fraud. Or send the boys round, depending on the outfit

2. Let them have the car, or pay off the loan. Give nephew a good slapping....

log book loan - RT

2 options as I see it...

1. Make a fuss, and say car is not Nephew's - in which case Loan Co is likely to go to police and report Nephew for fraud. Or send the boys round, depending on the outfit

2. Let them have the car, or pay off the loan. Give nephew a good slapping....

2A - Pay off the loan, take the car back yourself and sell it to defray your expenses - than give the nephew a good slapping.

log book loan - gordonbennet

I feel for you in the position your nephew has put you in.

Assuming the car was a gift as such to the ungrateful wretch, the value of it was written off to you the day you gave it to him, so option 3, said wretch has made his bed let him lie in it, hope he enjoys walking.

log book loan - Marko Bespalyj

Thanks for the replies .....putting it down to a bad experience..I might offer the loan company the auction price for the car and then hand it over to my niece instead if they accept