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Are some Log Book Loans now unenforceable following the latest OFT requirements placed on Hermes / Log Book Loans?

Page last updated Tuesday, 19 February 2013

The three concerns raised by the OFT about Hermes are pretty damning.  They are the key points in determining whether the customer can afford the repayments and fully understands the implications if they miss any payments. Read the full requirements (pdf 608kb)

I wonder what information was found to be held back?  Was it information such as non-payment will result in the borrower losing the vehicle? That it will be repossessed and sold to cover some of the debt outstanding?

How about the additional charges once the borrower goes into arrears?  These are £12 for a telephone call to be told you are in arrears at a maximum one call per week.  It’s also £12 to get a letter to say the same, again at a maximum of one letter per week. I make that £100 per month just to be repeatedly reminded you are in arrears.

Then there will be the storage charges once the vehicle has been repossessed. This is usually £25 per day for 14 days. That’s £350 by the way! And let’s not forget the collection and cleaning fee as well, about £200 and £60 respectively.

This to me is key information that every log book lender must make clear and ensure the customer understands before such a loan is granted.

Hermes / Log Book Loan Customers

So where do those borrowers stand that were previously customers of Hermes, before the detailed investigation, does this mean the Log Book Loans are now unenforceable because of the way that customers were misinformed and incorrectly processed? We asked Marcus Bright, a Civil Litigation Consultant with Maxim Legal and Commercial and he said:

"A breach of the OFT guidelines (such as those dealing with pre-contractual enquiries) will not necessarily render a credit agreement as unenforceable. Certain breaches may however assist in negotiating settlement of disputes with the lender (such as those concerning affordability) or in gaining the sympathy of the courts in proceedings brought over the credit agreement."

The Code of Practice

Oh, by the way that code of practice is only voluntary for Log Book Loan Companies. Read Code of Practice

Log Book Loan Self-Help Guide

The guide is designed to help you with arrears, repossession and excess charges. It also informs you of your consumer rights plus lots more.

Take me to the Log Book Loans Self-Help Guide by DebtWizard

Can you help with a 'Group Action' on Log Book Loans?

Have you purchased a vehicle in good faith and later discovered that it was the subject of a bill of sale (or logbook loan) taken out by a previous owner? Perhaps the vehicle was seized from you by the logbook loan company or a demand for money has been made on you.

If this is you then read more here Group Action re Log Book Loans.

You can follow Mike on twitter by using @debtwizard

 

 


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andrew Wednesday, 31 October 2012

hi im having problems with v5 loans i got my self in arrears i have been paying from time to time but times have been really hard i dont want to lose my car i need it for traveling to work and back 30 miles a day i only fell behind £220 but they state in a letter that i have arrears of over £1800.
because i fell into arrears they say that they have reversed my new agreement back to an old one i had with them last year i didnt think they could do that i dont have this money to pay them im worried they are just going to turn up and take my car ive been in touch with the local cab and im waiting for appointment to come through ive been trying to get through this for over 3 years now and it worse every year and the loan keeps going up because my only way out is a new agreement.
from borrowing £1000 3 years ago ive been paying hundreds a month back yet i still owe over £5500 its starting to affect me mentally.
there license says canvassing off trade premises(no) yet every thing was done at my house even the woman that gave me the cheque was a witness once but my partner was the witness the other times does this matter i thought they had to be independant from me i dont know what to do next please help

SamEd (Guest) Tuesday, 23 October 2012

I am confused.......I have an outstanding debt of £200 with 'Logbook Loans' , a letter received a month and a half ago advised me that LBL were now who I dealt with and no longer Hermes. Have they therefore got their license back?

I have struggled to pay this final £200, bearing in mind in total I have paid over £2000 for a £500 loan! I am also in Scotland and my agreement did end in August with the last balance now overdue.

I understand that in Scotland there are certain court orders which need to be sought once you are so far into your HP agreement?? Not long after aI took the loan out I fell into issues and had to pay Bailiffs £800 for a overdue balance of £200. This stopped them for taking my car. I have made complaint after complaint with LBL then Hermes then LBL but I really dont know what to do now.

Can they just take my car?

S


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