Thread: Mobile Money - Need Advice Please

Hello everyone, what a great forum. I have got myself into a situation with Mobile Money and do not know what my next move should be. Any Advice would be most appreciated.

I stupidly took a loan out in late 2008 for £1300, payments were made and then I got into arrears the manager turned up at my door and said they were willing to resign the agreement including the arrears or they would take the car(value about £5000). I had to go to the office to resign which I did because I didn't want to lose my car. This then put my monthly payments up, then when I got behind again the nasty phone calls started. This was when I started looking into these people and found this brill forum. I have found a solicitor who is willing to take this case on, I am waiting for the legal aid to be approved and cannot speak with him until it is through. I have paid them so much money since I took out the loan (£2600), this month I have fallen behind again what with Christmas spending, my income has also changed dramatically recently and I am now in a situation where other things such as rent have to come first. I had a phone call saying you need to clear arrears before you resign in February.

I have now had to make the decision that I cannot possibly pay them any more money, car is already in a safe place! They are constantly phoning me and I don't know what is going to happen next, they have not come for the car yet but I reckon it will be soon, I have no intention of letting them have it or telling them where it is.

Has anybody else taken them to court with a solicitor and won. Should I tell them I have consulted a solicitor and see if they will accept a smaller amount than the £3000 they want to get out of the loan agreement. Will the police be interested if they report the car stolen? Should I have any more contact with the mobile money office or just go down the solicitor route, has anybody heard of a case where they will accept a lower one off payment to get out of the loan.

I really don't know what to do now, I have to think of my children so cannot go back to monthly payments, this really has to stop now one way or the other. Can anybody offer any advice on what I should be doing at the moment.

Please reply, Im at my wits end.

Thanks

Just a quick note to say I do not have internet access at home, currently in Library. Therefore if anybody posts anything or asks a question and my response is not immediate please bear with me, I will check this forum as soon as I am able.

Thanks

If anybody can offer any advice I would be most grateful, Im so worried about this its really starting to affect my health.

Originally Posted by Numptey

Hello everyone, what a great forum. I have got myself into a situation with Mobile Money and do not know what my next move should be. Any Advice would be most appreciated.

I stupidly took a loan out in late 2008 for £1300, payments were made and then I got into arrears the manager turned up at my door and said they were willing to resign the agreement including the arrears or they would take the car(value about £5000). I had to go to the office to resign which I did because I didn't want to lose my car. This then put my monthly payments up, then when I got behind again the nasty phone calls started. This was when I started looking into these people and found this brill forum. I have found a solicitor who is willing to take this case on, I am waiting for the legal aid to be approved and cannot speak with him until it is through. I have paid them so much money since I took out the loan (£2600), this month I have fallen behind again what with Christmas spending, my income has also changed dramatically recently and I am now in a situation where other things such as rent have to come first. I had a phone call saying you need to clear arrears before you resign in February.

I have now had to make the decision that I cannot possibly pay them any more money, car is already in a safe place! They are constantly phoning me and I don't know what is going to happen next, they have not come for the car yet but I reckon it will be soon, I have no intention of letting them have it or telling them where it is.

Has anybody else taken them to court with a solicitor and won. Should I tell them I have consulted a solicitor and see if they will accept a smaller amount than the £3000 they want to get out of the loan agreement. Will the police be interested if they report the car stolen? Should I have any more contact with the mobile money office or just go down the solicitor route, has anybody heard of a case where they will accept a lower one off payment to get out of the loan.

I really don't know what to do now, I have to think of my children so cannot go back to monthly payments, this really has to stop now one way or the other. Can anybody offer any advice on what I should be doing at the moment.

Please reply, Im at my wits end.

Thanks

Ok, first off, the constant phoning is harrasment, in the stickys theres a template - i think its called a letter of harrasment...make a copy and send to them by reg letter. Tell them you will only deal with them by letter, do everything by letter. You need a paper trail just in case.

Now, don't resign, do you have a copy of the BOS and CCA (credit agreement) If you can upload it (remove your personal details). They seem keen to get you too resign...may be there is an issue with the old one? If you don't have a copy, request them, you could try a SAR, this will prompt them to send you EVERYTHING data wise on your account, letters, telephone calls-the lot. It will cost you £10, send a postal order and keep the stub and reg it. This will give them 40 days to supply you will the data.

Next, start reading up on the stickys and posts, pay attention to the BoS and CCA 1974, now the plan is to see if the BoS is valid-and the CCA attached enforcable, if the BoS is invalid, you can request that the BoS be cancelled and they have to use the CCA guides set down, they have to get a court order to take the car. Keep the car hidden and try not to use it where you have to leave it in a public place for very long. The Agents have been known to follow owners and take it.

If they turn up at the house-ask them to leave, remember they are agents and not Baliffs, balliffs need a court order to remove a car. Ask them to leave.

hope this helps, Don't worry and don't panic.

trooper68

Originally Posted by trooper68

Ok, first off, the constant phoning is harrasment, in the stickys theres a template - i think its called a letter of harrasment...make a copy and send to them by reg letter. Tell them you will only deal with them by letter, do everything by letter. You need a paper trail just in case.

Now, don't resign, do you have a copy of the BoS and CCA (credit agreement) If you can upload it (remove your personal details). They seem keen to get you too resign...may be there is an issue with the old one? If you don't have a copy, request them, you could try a SAR, this will prompt them to send you EVERYTHING data wise on your account, letters, telephone calls-the lot. It will cost you £10, send a postal order and keep the stub and reg it. This will give them 40 days to supply you will the data.

Next, start reading up on the stickys and posts, pay attention to the BoS and CCA 1974, now the plan is to see if the BoS is valid-and the CCA attached enforcable, if the BoS is invalid, you can request that the BoS be cancelled and they have to use the CCA guides set down, they have to get a court order to take the car. Keep the car hidden and try not to use it where you have to leave it in a public place for very long. The Agents have been known to follow owners and take it.

If they turn up at the house-ask them to leave, remember they are agents and not Baliffs, balliffs need a court order to remove a car. Ask them to leave.

hope this helps, Don't worry and don't panic.

trooper68

Trooper be careful giving advice if you do not know yourself read this guide from the government on who is a bailiff and what they can do
Debt Basics - Bailiff Guide - know your rights
basically a bailiff is someone authorised to collect the debt on another person or companies behalf they dont have to be anything else, not licensed, registered or anything.
A certificated bailiff is a bailiff who has given statments of his good charecter to a judge and given a bond (beleive its 10k, incase of miss behaviour) and they are allowed to collect council tax debts..
The rest of your advise is reasonably sound and i would agree with

Thanks for the advice both of you, I will def not be resigning anything with those vultures. I am totally ready to take them on. As for the bailiff turning up, if the cars not there how can he take it and no way would I ever let them in my house. I havent got a previous record so they can do me for stealing my own car if they want. Not bothered. Letter suggestion above will be sent and I will update any time I have more information. Along with amended copies of BOS and Credt agreement(will have to be Monday for that)scanned up. Sorry for spelling, not my strong point! Its nice to feel that you have abit of support somewhere so cheers guys!

Originally Posted by Pacman2

Trooper be careful giving advice if you do not know yourself read this guide from the government on who is a bailiff and what they can do
Debt Basics - Bailiff Guide - know your rights
basically a bailiff is someone authorised to collect the debt on another person or companies behalf they dont have to be anything else, not licensed, registered or anything.
A certificated bailiff is a bailiff who has given statments of his good charecter to a judge and given a bond (beleive its 10k, incase of miss behaviour) and they are allowed to collect council tax debts..
The rest of your advise is reasonably sound and i would agree with

Sorry pacman, but in still think that these guys are agents not baliffs. I agree with you on the court approved baliffs. What advice I am giving out is from my own experiance, like most people I was taken in by these so called Baliffs, I thought that they had the right to do what they wanted. They don't, I was put in the picture by my sol. Baliffs all baliffs are to follow the peaceful entry and MUST leave when asked agents or certificated (unless there is a court order for entry to a home) and the police must attend to see that a breech of the peace has not been commited by any parties.

If you ask a baliff to leave he must do so, unless he is pass the treashhold of the property. its called peacefull entry.

trooper68

MM use recovery agents not bailiffs. Surely they need a court order to go down the bailiff route. I think trooper has got it about right.

I think LBL are scum
They prey on people who are in need of help and do them over BIG TIME!

Originally Posted by robjam1969

MM use recovery agents not bailiffs. Surely they need a court order to go down the bailiff route. I think trooper has got it about right.

"Bailiff" if you read my post is anyone you, me your neighbour who is authorised (by the person/company owed money to collect not the courts)to collect debts on someone else behalf. no court order is needed, however all the peacefull entry stuff is correct (although im not sure about the ordering them to leave part as if they stay on the public foot ath outside im pretty sure they can stay however long they want)
Its only high court sheriffs and certificated bailiffs that are anything special and then they deal with other types of debt (ie council tax arrears and that usually is at a courts request)

Originally Posted by Pacman2

"bailiff" if you read my post is anyone you, me your neighbour who is authorised (by the person/company owed money to collect not the courts)to collect debts on someone else behalf. no court order is needed, however all the peacefull entry stuff is correct (although im not sure about the ordering them to leave part as if they stay on the public foot ath outside im pretty sure they can stay however long they want)
Its only high court sheriffs and certificated bailiffs that are anything special and then they deal with other types of debt (ie council tax arrears and that usually is at a courts request)

Pacman Bangon, If they are on your property and they do not have a court warrant to enter the building or land, you may ask them to leave, if they fail to leave they are considerd to be trespass. They can stay as long as they want outside, they can pitch a tent for all I care.

The point i'm try to get across to everyone is that they "power" they use is ignorance on our part, if we can reclaim some or all the power they are toothless. So don't accept what they say, remember they want somthing from you, if you need to talk to them-ask them to leave your property, meet them on the pavement and challange them there, do not leave a door or window open (as they can enter under peacefull entry). I like many people had rights up to the point the car keys was handed to them, one also assalted my wife by grabbing her around the neck (At the time I was at work and yes he was arrested and yes she is fine-we also have it on CCTV-i cannot say too much as it is going through the courts)
So never surrender the keys-under the law you gave up your "property" and rights to ownership.

trooper68

Just a quick update, ooooh the things I could put about the vultures, but, not giving in or giving up! Solicitor working on this now, will come back and update when I can!!

Just a quick note. I was/am in a similar situation with mobile money. The 2 reps from the actual office I took the loan out actually came round to my house and physically took the car of me and drove it away. BOS was correct and it seems everything else was. A lesson people......regardless of what your reading on here the only advice I can solemnly give is just hide your car until something works out. THEY WILL, AND THEY DO TAKE YOUR CAR. You cannot win, all is above board with these companies. Its a secured loan for gods sake!!!! What do you expect if you don't pay or pay too little. Just hide your car, be box clever and good luck. Im now taking the bus everywhere.