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    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
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Hi guys...

 

I was sent the below email to which I responded that I am only willing the pay the amount to the half rule which is 2672.88

 

I was then informed that they were instructing their Scottish lawyers to seek a money order or something?

They are claiming the additional charges are for a replacement set of keys, which were left in the car...

an admin fee for replacing the keys and 480 quid for recovery.

What should I do/say in response?

 

"We have recently sent you a letter confirming the remaining balance of £3,330.25 on your account.

 

You can make the payment by debit card online at www.moneybarn.com/online-payment or by contacting us on 0330 555 2340.

 

If you are not in a position to pay the remaining balance in full, then please call us on 0330 555 2340 so we can work with you to agree an affordable and sustainable payment plan based on your current financial circumstances

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they cant charge any of that.

 

so can you update us fully please

 

scan up the letters or the emails follow UPLOAD

 

have been saving money since june every month to pay this off to the 50% mark?

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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No I had to take a loan out for other car purchase and made sure loan amount covered what was required to may the 50% value...please wait for email uploads...

 

Can't workout how to attach or send the image of said email trail from my phone...can I forward the trail to your email address?

 

I've just sent the trail in a pm via copy and past...apologies for not being able to do it more efficiently as I'm only using my phone.

 

Thanks

 

Thomas

 

Dear Mr

 

We have recently sent you a letter confirming the remaining balance of £3,330.25 on your account.

 

You can make the payment by debit card online at www.moneybarn.com/online-payment or by contacting us on 0330 555 2340.

 

If you are not in a position to pay the remaining balance in full, then please call us on 0330 555 2340 so we can work with you to agree an affordable and sustainable payment plan based on your current financial circumstances.

 

We are open between 8am and 8pm Monday to Thursday and 8am to 6pm on Friday.

 

Yours sincerely

 

Moneybarn

 

Website: www.moneybarn.com

 

 

Also you are not entitled to seek recompense for recovery/repo as a result of general wear and tear. This resulted by way of the car being modified electronically without my knowledge prior to purchase...as previously stated I wouldn't have touched it had I known.

Hide quoted text

 

On 28 Sep 2017 15:17, "wrote:

I am seeking an amicable end to this situation hence my communications.

 

I am merely stating my argument against the charges and have not in any correspondence relating to this email stated an intention to not pay.

 

I am simply staying that I will agree to pay the 2672.88 as it's what I seen responsible for.

 

I have that money sitting here ready to pay once agreed but not a single penny more

 

On 28 Sep 2017 13:53, "Alysa Emery" wrote:

Dear

 

I attach a copy of the terms and conditions of your agreement. The charges that have been added to your account have been added in accordance with Clauses 7 and 10.

 

We have instructed our Scottish solicitors Brodies to proceed to obtain a money judgment against you for the outstanding balance.

You will receive the writ and relevant documentation from the sheriff officers in the next few weeks.

We suggest you seek independent legal advice once this has been received.

 

Kind regards

 

From:

Sent: 23 September 2017 16:30

To: Moneybarn Recoveries

Subject: RE: Please Contact Moneybarn. Contract No.

 

I will not be paying these additional charges as the original key was under the fuel filler cap:

 

Replacement Keys £167.38

 

Replacement Keys Administration Fee £8.00

 

Nor will i be paying the recovery fee as the vehicle being immobilised was as a result of it being mis sold to me and subsequently blowing up:

 

Recovery Agent Fees £490.00

 

 

I understand that I shall be liable to you for the amount calculated under the formula in Section 100

of the Consumer Credit Act 1974.

.

**As I have not paid more than the amount calculated under the formula in Section 100 the amount due is £2672.88

 

On 22 Sep 2017 14:23, "Moneybarn Recoveries" wrote:

 

Alysa Emery

Litigation Assistant

 

DDI: 01730 715320

Email: [email protected]

Website: www.moneybarn.com

 

Dear

 

Thank you for your email which has been duly noted.

 

The balance on your account is due to the following additions as per the attached copy of your final billing letter:-

 

Replacement Keys £167.38

 

Replacement Keys Administration Fee £8.00

 

Recovery Agent Fees £490.00

 

We have deducted the £5,785.63 for the half rule but as you would have been advised when your exit options were communicated to you any additional expenses would be added to the balance and you would be liable for.

 

Please call us on 0330 555 2340 to complete an Income and Expenditure form with you and come to an affordable and sustainable payment plan with you.

 

 

Kind regards

 

Moneybarn

 

From:

Sent: 19 September 2017 12:17

To: Moneybarn Recoveries

Subject: Re: Please Contact Moneybarn. Contract No.

 

Can you also give me an itemised breakdown on how you've come to this conclusion please?

 

On 18 Sep 2017 17:53, "> wrote:

 

The Recoveries Team

 

0330 555 2340

Email: [email protected]

 

 

As previously stated...i will not be paying a single penny more than the £2672.88.

 

This is the amount payable up the 50% of the agreement and even at that I'm reluctant to do so as I have clearly been mis sold the car and bought a previously "tinkered" with car of which I was not made aware.

 

If I had been made aware of such modifications ie the remap which my mechanic discovered, I wouldn't have touched the bloody thing!

 

On 18 Sep 2017 13:40, "[email protected]" wrote:

 

Contract No.

 

Dear

 

We have recently sent you a letter confirming the remaining balance of £3,330.25 on your account.

 

You can make the payment by debit card online at www.moneybarn.com/online-payment or by contacting us on 0330 555 2340.

 

If you are not in a position to pay the remaining balance in full, then please call us on 0330 555 2340 so we can work with you to agree an affordable and sustainable payment plan based on your current financial circumstances.

 

We are open between 8am and 8pm Monday to Thursday and 8am to 6pm on Friday.

 

Yours sincerely

 

Moneybarn

 

Website: www.moneybarn.com

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good on you!!

 

email back stating you'll gladly see them in court where the sheriff will hear the full story with my detailed documentary evidence and the Consumer Credit Act where by this clearly states such sums are not allowed

 

I will also outline that the fault which caused the car to fail was there upon purchase from you so i'll push to recover all my money under miselling under Consumer rights act...

 

I willingly await your threat of a 'money judgement' whatever that is under the Scottish simple procedure rules??

 

in the meantime the offer of £XXXX is sitting here waiting for you and can be paid as under the rules of the CCA Section 100 within 2hrs.

to fully conclude the matter.

 

ball is in your court [sic]

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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Perfect, I shall get this into an email and send it over

 

This was sent...

 

I will gladly see you in court where the sheriff will hear the full story with my detailed documentary evidence and the consumer credit Act where by this clearly states such sums are not allowed

 

I will also outline that the fault which caused the car to fail was there upon purchase from you so i'll push to recover all my money under miselling under the consumer rights act

 

I willingly await your threat of a 'money judgement' whatever that is under the Scottish simple procedure rules??

 

in the meantime the offer of £2672.88 is sitting here waiting for you and can be paid as under the rules of the CCA Section 100

to fully conclude the matter.

 

Ball is in your court

 

And this was received...

 

Thank you for your emails.

I have now discussed your account with my manager.

 

If we receive the sum of £2,672.87 by close of business on Wednesday 11th October 2017, we are prepared to remove the disputed charges from the balance and discontinue our legal action.

 

Please make the payment by bank transfer. Our details are as follows:

 

Result! Cheers Guys...

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Well done

 

Dx

 

 

 

 

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Please help.

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... 

Link to post
Share on other sites

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