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    • a 'witness' to it not arriving till the 15th is sadly immaterial too. regardless to the above anyway, the PCN remains valid. 
    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
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Can I get some advice


piggy2001uk
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My son has got himself into some trouble with his car repayments with MoneyBarn

 

he was out of work and now back in work,

 

he panicked and sold the car even though he hadn't paid a third off,

 

they won't accept any repayment from him

 

and are sending bailiffs to collect his car

 

how does he proceed

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Thread moved to the appropriate forum...as I doubt it has actually got to the Bailiff Stage.? more of a threat ?

 

Regards

 

Andy

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Bailiffs arent even considered unless its been to court and they obtain a judgement and then wait 28 days and then they go back and ask a judge to get them involved. ALl this takes a considerable amount of time.

 

More likley theyre just collection agents from moneybarn coming to harass you and cant do anything bar scare you.

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I've popped this in the moneybarn forum.

 

as he's paid under 1/3rd and they sadly do own the car in all intent

they can send repo agents [their own- they are not bailiffs]

to get the car

 

this could get nasty.

 

lets have a look

i'm pretty sure theres another like story here with them.

 

for the minute don't tell em about the car

they cant demand it nor demand to see it.

 

if they are that determined to get the car

they'd have to go get a return of goods order from the court first

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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You say he has sold the car - does he have the money from the sale to repay the loan ?

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Eventually it will come to light that the car is no longer in his possession.

 

 

A DVLA check will confirm the new owners address

and Moneybarn will no doubt instruct its repossession from the new owner.

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You say he has sold the car - does he have the money from the sale to repay the loan ?

 

No he used it to pay his arrears to MoneyBarn pay motoring fines and his fork lift licence so he could get the job he has now he's been an idiot basically and just panicked

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Eventually it will come to light that the car is no longer in his possession. A DVLA check will confirm the new owners address and Moneybarn will no doubt instruct its repossession from the new owner.

 

I am annoyed with MoneyBarn for agreeing the finance in the first place

I knew he couldn't afford it

I have my car financed by them so I know what paperwork they need,

he panicked when he got in a mess,

he tried to get them to accept payments but they refused as they wanted proof of insurance

we do plan to pay this in full when I get my settlement from house sale in a couple of weeks

but that wasn't good enough either

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you indicate financial problems at the time of take up?

 

how severe, can this be proved, like say by credit file of the time>

copies of running agreements like PDL cards etc?

 

i'm thinking irresponsible lending here/

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I am annoyed with MoneyBarn for agreeing the finance in the first place

I knew he couldn't afford it

I have my car financed by them so I know what paperwork they need,

he panicked when he got in a mess,

he tried to get them to accept payments but they refused as they wanted proof of insurance

we do plan to pay this in full when I get my settlement from house sale in a couple of weeks

but that wasn't good enough either

 

I would make every effort to pay the full balance outstanding asap, ignore the fact that your offer wasnt good enough

once they have a return of goods order

Moneybarn have a nasty habit of reporting vehicles they cannot find as stolen

 

You can then follow up with complaints after making the full repayment

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you indicate financial problems at the time of take up?

 

how severe, can this be proved, like say by credit file of the time>

copies of running agreements like PDL cards etc?

 

i'm thinking irresponsible lending here/

 

dx

 

He has a small outstanding debt for council tax which was there at the time,

he was on a low income

his take home was about £250 a week and

 

he would have had to prove that plus he worked for an agency which everyone knows is not reliable

and can be laid off at anytime,

 

yes my thoughts exactly irresponsible lending,

his repayments were £179 a month plus insurance and road tax and daily living costs

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