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MarathonPaul

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About MarathonPaul

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  1. thanks for the name. I have just sent an email to kenneth.radleydavies@rwenpower.com, let's see if he gets in touch to discuss my grievance.
  2. Thanks BankFodder My case is with the complaints team at the moment, and their £30 per failed attendance agenda. However, my losses are far more than this. I have lost £1200 in income for the three failed meter fittings by their contractor Lowri Beck, and my tenant has just vacated the property because of a breach of the utility clause in our tenancy agreement (it was a 12 month contract at £1400 per month). ] I want to take this out of the complaints/Ombudsman process, and straight to court to recoup my losses. You spoke of 'breach of contract' - can I download a copy of the standard NPower contract from somewhere? Many thanks.
  3. Hi Bank Fodder. I am happy to provide more detail, but are you aware of customers successfully suing NPower for breach of contract?
  4. Hi All NPower have failed to install credit meters at my property on three separate occasions in the past month. On each occasion, I have been told to be at the address and have lost a day's income. Furthermore, my new tenant has just quit the property on the grounds of a breach of utility clause in the tenancy agreement. Can NPower be pursued for negligence?
  5. Hi DX I do have statements. However, the ROG balance supercedes any original balance, since the original agreement is terminated.
  6. The exact wording of the suspended order is: "and upon payment of the arrears of xxxx.xx." It is adjudged that, the defendant having failed to comply with the terms of a regulated hire purchase agreement dated xx/xx/xx made between the claimant and defendant xxxxxxxx, the claimant do reover against the defendant the following goods of the claimant, being goods subject to the agreement and wrongfully detained by the defendant, namely: xxx a car xxx and do recover against the defendant the sum of xxx.xx for oosts, It is ordered that unless the defendant fulfil the conditions of the suspension, the defendant do return the goods to the claimant by xx/xx/xx." And that the operation of this order be suspended on condition that the unpaid balance of the hire purchase price, namely xxxx.xx plus costs of xxx.xx totalling xxxx.xx to be paid to the claimant by installments of xxx.xxx for every calendar month, the first instalment to reach the claimant by xx/xx/xx on on the xxth of each month theeafter for 14 months with one final payment of xxx.xx on the 15th month." "And that the terms of the above mentioned agreement be modified in the following respects: no sum except the above mentioned installments shall be payable to the claimant in respect of the agreement during the suspension". Hi DX, I am doing plenty by email, and am not relying on the telephone. Whatever reduced powers a collection agent may have over a bailiff, under the suspended order ANYONE has the legal right to come along and take the car on behalf of the finance company, lawfully of course (ie without breaking into private property). Of course, if anyone has a precise legal reason why the agent cannot do this, then I shall very happily file the relevant form at County Court and seek a prompt hearing of the matter. Do bear in mind of course, that because of the order, the costs of such a hearing will likely be allocated to little old me. Otherwise, my best course of action is to do exactly what Old suggested: pay up what they are asking after a little negotiation, and then claim back the amount I am owed - guaranteeing that the car remains with me and no additional fees are levied. I want to focus how the finance company can be legally restricted in its actions, and not dwell on the unfairness of the cat and mouse game.
  7. its a suspended return of goods order, so if at any time the terms of the order are broken then the goods are "wrongfully detained" by me. Do you know of any cases DX where a collection agent was unable to collect a car under a suspended ROG because of a legal technicality? I have managed to get the legal firm to allow me to speak to the finance company tomorrow for a discussion about the settlement figure. I raised the issue that if I am paying off the agreement (nine months) early, then surely there is a rebate due on the balance, because the balance I have been repaying is based on an interest calculation over the full original term. When I suggested this, the legal firm replied that because of the 'termination of the expiry of the Default Notice' the balance they are requesting is due, but I am going to find out tomorrow exactly what my rights to early termination are once the agreement is in default.
  8. A suspended order for a house requires the lender to go back to court to see an eviction date and possession. Not so for a car, they just go along and collect.
  9. Thanks OldRouge I have never really understood why settling early does not net you a tidy REDUCTION in the agreement amount, since you are no longer taking the credit over the full-term that it was originally offered!
  10. Thanks for the advise OldRouge. If today I agreed in writing with the settlement figure and agreed to pay the full amount by visa debit on XX/02/2016, what would XX need to be before the collection agents gets out his flatbed truck and posts a new fat £500 charge on top?
  11. Hi TheOldRouge, and thank you for your time on this matter. I have a copy of the judgement: it is very clear that the goods are considered 'wrongfully detained' by me unless I 'fulfil the conditions of the suspension'. There is no way they will accept payment of the £500 arrears. They want to collect the vehicle unless the full settlement figure is paid. Are you suggesting that if the vehicle is kept indefinitely in a securely locked garage, then that might encourage them to accept payment for the two months that they claim are missed? Is adding a collection fee of £330 something that can be challenged?
  12. They have just revised the final figure downward, there is an extra £330 to pay. That £330 is for the agent at CRYSTAL COLLECTIONS. Why do you say they cannot charge a fee DX?
  13. Yikes, just heard from the collection agent that the final settlement figure is £433.60 above the amount outstanding
  14. Hi Dx I offered to accept a suspended order, so did not use a defence. Thank you for the link, which pointed to a number of scenarios with the same company. There is just over £3k left to pay on original finance of £9k. There is nothing particularly 'dodgy' about Motonovo's actions, the car collection is based on what they consider to be two non-payments on a suspended order for return of goods. I believe that the payments were made. They are exercising their right to collect the vehicle, if they can get it, under the terms of the suspended order. The car is not at home, as my wife is away for two weeks teaching at a school in another county. I have the collection agents mobile and will be telling him this whyen I speak with him today - I do not want the cost of his attendances to add to the amount owed etc.. I am reluctant to request a hearing at County Court, which will only bolt on costs to money owed, unless there is a common sense way to get the order back on track. I suppose what I am asking is: is there a way, with or without the County Court, of paying up the £500 outstanding and having the order runand finish in November 2016? Is there a way of approaching thi
  15. Hi dx100uk The finance company is MotoNovo, and their lawyers are DWF. The County Court is unaware of any developments since the suspended order was granted.
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