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Everything posted by Foolishly

  1. Yes bought on line they do have an actual store as well but its approx 230 miles from home, Its a childrens boutique. The principle is you reserve an item and pay a deposit, the balance is then placed on weekly payment plan its similar to a mothercare baby plan (when it was a major brand a longtime ago) and used to also be called layaway plan, they dont have any charges applied for this method of payment, unlike the new payment methods Klarna, Clearpay who obviously charge the retailer. The goods are over priced not just that store same for any other branded product elsewhere . I sent a further email last night but they have not replied, ive prepared the parcel, ill notify them I am returning (would have settled for a size exchange, but requesting a full refund and wont be browsing there again) sending it back tomorrow, retaining the postage proof, which I will also send a copy to them. As I now understand it, (thanks to both of you for clarifying) if you purchase and pay for goods online you do have 14 days from when you receive the goods to reject and return the goods for a full refund, so thats my plan of action, ty again
  2. Thanks, appreciated, top advice as always. Will send them a further reply now.
  3. Was wondering does the sale of goods act cover items that have been purchased but when received are not as described. Im referring to a coat which was purchased from a kids clothing store that also sells goods online based in the uk, its not a major retailer but sells kids designer brands. The item was listed as 12Y (age 12) and did cost 240.00 it was paid for using the stores payment plan, weekly payments are made until the item is paid for in full then they post out your item. Its was for a girl just who has just turned 12 in April 2020. When the coat arrived yesterday the size stated on the label is Youth Small which is not a uk size (12y is nowhere on any garment label). The sizes stated on the labels are based on the childs measurements as they are us/international sizes and not UK child sizes which are mainly based on the age group. After researching the size charts and comparing the UK to US and other international countries it appears I am correct and a youth small (although slight measurement differences occur) would fit the UK average age 10 years, (the labels could also state US 12 or us alpha 10-12 but all the same UK Age 10). Contact was made with the store regarding the issue, the reply read; "I am sorry the jacket is too small. The size small is a size 12y. See sizing from the Official Parajumpers site." Ive already looked on the site and it doesnt have ages just measurements as they are not based on ages. Surely the store should not be listing clothing for sale without stating the correct actual size as it is stated on the label of the garment and should mention if necessary how these sizes are calculated (by measurements) so the correct size can be ordered. As the coat was purchased using their payment plan their returns policy does state no returns allowed on payment plan garments. Which fair enough but what if they are at fault. Sorry to waffle, does it look like they have sold goods not as described? No ones asking to receive a refund just the error corrected and the UK age 12 equivalent sent ( youth large or US 14). Any advice appreciated
  4. Yes ive sorn'd the vehicle it is stored in a secure area. Thanks. The insurance is one part of the area that puzzles me, MB inform me in their correspondence (what I interpret anyway) I no longer have an interest in the vehicle therefore surely im not obliged to pay 65.00 per month insurance for their benefit - (just wanting to know if im legally required or obligated to insure, im not saying im cancelling insurance, I feel its a grey area when im informed on numerous occasions the agreement is terminated so would like to understand my obligation, or if any still remains).
  5. No im not, and wont be using the vehicle at all needed to drastically overhaul my expenditure.
  6. Hi I hope all are ok in these trying times. I assume most of us will be in the same situation with employment etc. I am obviously still intending to follow through my complaint against MB. However I do have to make decisions as I have found myself as will most people at this time left with a reduced minimal income, with all I can forsee is an impending up hill struggle for the forceable future. So not sure what, if any options I still have, I am presuming VT was only an option earlier on and a court CO excludes that option, I cant continue to honour the finance payments and cant even begin to estimate any timescales I would be again financially stable. im trapped but want, no I need to get rid of MB all together, they can have the car and I learned the expensive way! MB recently emailed a letter (which is copied below) in it they refer to a recent termination, this is the part that is very confusing as its my understanding they terminated the agreement in March 17. They also inform they have placed the collections on hold, but then heres the cheeky bit, they do however want me to store the vehicle, tax and insure it, as per the agreement (the agreement that they already state was terminated) until they continue with their collection process; Due to the Coronavirus (COVID-19) pandemic currently affecting the UK and wider world, we’re emailing to update you on what will now happen regarding the collection of your vehicle, following the termination of your Moneybarn vehicle finance agreement. We won’t be collecting the vehicle at this time Normally, following termination of your agreement, we would arrange for an inspection and collection of the vehicle. However because of the current Government imposed lockdown, we are not currently able to collect vehicles until further notice. What will happen next? Nothing for the moment. We’ll contact you as soon as there are any developments in the Government’s stance and we know that we’re able to resume our normal vehicle collection activity. What do you need to do? We would appreciate if you can please keep the vehicle taxed and insured for the time being, as per the terms and conditions of your finance agreement. We hope this information is helpful and clear. Please stay safe and well, and if you need to contact us with any questions, please check out the latest information on the best way to reach us at So they state termination, then expect to lay down instructions for me to comply with as per my finance agreement T&Cs. To look after the vehicle that they do intend to continue collection of. If everythings terminated and in other words I have no right to the vehicle, Im not prepared to comply with instructions in line with a non existent agreement (I dont have to) and have a good mind to charge them storage. However l would much rather just leave the car, send off V5 to change ownership and be done with it and concentrate on getting justice for their mistreatment.
  7. I was referring to how they portray the account to the customer in that they arent giving me a true picture of the account at hand, in relation to the consent order so had not helped the situation, it should be simplified and only refer to the CO. The statements issued have no mention of current arrears, amount due under the CO, payments made against CO, current arrears on CO. The arrears figure they do list is the same figure quoted for the overall outstanding balance. I note from the various sums in arrears notices the figures quoted for sums in arrears are just taken from the statement running balances , should they not be in line CO balance. Its also apparent they have given me false, incorrect and totally misleading information in relation to the account balance as I had initially thought. One example is that on 01/06/18 @ 16:32pm I received an email in reply to my question asking them to explain a figure they allege I owed them for arrears. The reply stated We have received your payment of £240.00 and your account is now fully up to date. Your next payment of £240.82 is due on 16/06/2018. How can that be information be correct if according to the arrears spreadsheet created it has arrears showing on 1/6/18. More...... 17/07/18 arrears stated £381.64 far higher figure than it actually was on this date. On 22/8/18 @ 14:30pm they state arrears owing of £450.00. Then when asked to confirm this figure, they reply on 04/09/18 @ 14:51pm with an arrears figure owing of £350.00 less than previously stated and no transactions on account in between to account for the difference. My only logical explanation would be that MB could also have used the same figures I have used on occasion to calculate any arrears etc, giving an end false result to the customer. There are so many discrepancies popping up (and not just relating to the balances) upon inspection im listing each finding and will upload a detailed sheet, asap.
  8. I knew there was a difference as mentioned in post 33. The way you have laid it out I understand perfectly, why MB dont account it correctly or explain is beyond me. Ive always used their figures to check the acc
  9. I cant account for it within the spreadsheet itself, I can only explain how and why its occurred. It has been generated due to being misinformed by MB on each statement issued. The statement figures issued show the total amount of payments they had received on the account, which I only noted when first advised to create a payment sheet. The statement along with any sums in arrears notices issued should only have referred to the consent order (for what I owed and what I had paid). MB did ignore any of my requests for well over 12 months worth of queries, to explain the difference to what they stated as owing to what it gave the impression of owing in the statement. they chased and stated arrears owed, I asked for a statement to cross check payments. I always came up with the same end answer, and presume till shown otherwise they again had it wrong (as they had on countless times), I always notified them of my findings and asked them to explain, they chose to ignore my queries. Example shown on spreadsheet; - Payments shown on statement up to 11/09/19 £8098.32 – this figure includes the £530 in total payments made prior to 16/05/17 (consent order). Where as from the 16/05/17 (consent order in place) to 11/09/19 the total payments made in fact £7568.32, difference being £530.00 and I have obviously picked up a slight addition of £24 along the way. The Comms log does show the countless occasions that they contacted to inform of arrears due and breaches in the court order, when the notes entered on the previous day or earlier that same day contradict the action and arrears amount. You can from these entries see clear issues with the system and procedures in place and lack of direct communication of the employees or just a mere disregard to its customers overall. One example if this is shown on page 56&57 of comms log; Dated 31/07/17 19:12:02pm – sms sent chasing arrears of £194.34. Dated 09/08/17 09:40:09am - payment received £150. Dated 09/08/17 12:55:12pm – sms sent chasing arrears again for £194.34. I have also over time queried previous incorrect pursuant of arrears they chased stating misleading incorrect amounts, but again all attempts ignored. Within the comms log as far as I can establish as well as the DN being defective, they never did print a DN letter out (so I never did receive one), along with the TN letter (they only posted the TN once I spoke with MB 08/03/17). They only make notes manually on the entries to allege the letters were sent, the system did generated a DN charge on 10/2/17. Above that the next entry has the date manually entered in the notes to show a letter was posted on 10/2/17 and the date the letter expires, but no system generated DN letter printed. The log does show other generated letters were printed. There was a generated letter printed on 8/2/17 which was the default sums letter, however it fails to mention a further default sums printed 8/2/17 which they sent out post marked for the 10/02/17 so received 2 of the same (sneaky). The contact made to instruct the first agents 7/3/17 totally portrays lies to the agents, claiming I had made no contact at all when they had received an email on 7/3/17 at 07:30am and they answered it on 7/03/17 at 16:50pm. They also state I had paid £300 by bank transfer, the truth is I paid £80 02/03/17 and £300 on 7/3/17 both online card payments. It makes me wonder just how low they stooped when they contacted Anglia recoveries in Jan 2020 to request their attempt to recover. I note that they claim to try and contact by telephone on numerous occasions starting mostly from 10/2/17 up to and inc 2/3/17, not once does it however refer to sending an email at this time, however they did communicate by email according to the Log on 8/2/17. Seems strange they would not attempt every means of contact possible in light if the situation. The finance agreement itself ensures you agree to them using electronic communications even to serve notices. I note on 8/3/17 the arrears prior to agreeing the CO state at £246.46?? Not sure how arrears are accrued on a terminated agreement, but I presume one thing is for sure the account charges they imposed shouldn’t be included in a balance sought for arrears. The entry on 17/11/16 which details MB altering the payment due date to start on 1/1/17, now casts a doubt over the 2 months alleged arrears at the DN date 10/2/17, more like 1 month plus 10 days?.... Looking at the settlement offer they gave in december 17 (uploaded in post 134) am I right in assuming the figure quoted was wrong and it should have been determined using the 50% termination option and also take into account the payments already received?
  10. If you had chance to look over spreadsheet and it is ok, let me know and I will upload it, thanks Im currently looking over the comms list and making some notes over my findings as there is a lot that does not correspond to the info I have. They do try their best to cover up mistakes, lies and nasty actions, blaming admin errors for unauthorised use of bank account info taking from applications to set up DD, especially when there shows no record relating to the action performed on the account. Omg they even stoop low to miss inform how their payment system works and updates account the next day, when its clear it is and can be updated same day payment made?
  11. Thank you, I never noticed, it was bit of a rushed upload.
  12. Sending today, do you think it requires a hearing or not. Will upload as soon as I get into work its on my desktop will double check it first Im not sue if Ive previously uploaded this letter or not. I did email them to explain their figures with a breakdown but I was ignored. MBB.pdf
  13. Sorry I have not really understood tbe order. Presumed it was a judgement thats why I am confused at what their doing . I dont know how to set aside a writ of delivery never even heard of one till recently. On what grounds would it be set aside? What would I be asking to vary, I may sound thick for asking so much, but these situations are how these companies bully, manipulate and scare people like me into agreeing to what they offer as a solution in the first place. So I apologise for my lack of legal knowledge.
  14. Sounds like a good idea to me, thanks. Can you tell me what I need to do. What shall I do about the court? It does worry me! .....However I think im more concerned about that Anglia repo guy turning up for a 3rd time with a HCEO in tow, a new found pair of balls and a smug attitude of I told you so (pardon the phrase). I will upload the amended spreadsheet later on today. The comment in my previous post relating to the increased account, I probably right to assume the £360 relates to the DN recently received for the recovery agent £260 and £100 court fee for their recent application sent to the court. These charges added to my account are included in the figure quoted on the recent notice of sums in arreas (£6351.24) so that notice is misleading.
  15. I think that I should apply to set aside the judgement as well as starting the process of complaining to MB. I do not want a judgement against me and surely it can be set aside as I never got the chance to defend MB initial claim due to being pushed into the consent order, which was initiated through the DN they never actually sent (which I can prove they never sent) which did included unlawful charges and then they terminated the contract earlier than the alleged DN should have allowed. They have increased the account balance by £360.00 (checked online) I presume that they will have included this inflated figure on the application sent to the court when the only amount that was and has been in dispute with them was £551.00. However after checking some of their requests sent over arrears I have been correct to query the different amounts they alleged as it apears their requests on occassion were incorrect and they have give me misleading and conflicting information every step of the way. to set aside I need a reason that satisfies the court I have read up on this and (i could be wrong) I found the following:- Cases where the court may set aside or vary judgment entered under Part 12 The court must set aside(GL) a judgment entered under Part 12 if judgment was wrongly entered because– (a) in the case of a judgment in default of an acknowledgment of service, any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied; (b) in the case of a judgment in default of a defence, any of the conditions in rule 12.3(2) and 12.3(3) was not satisfied; or (c) the whole of the claim was satisfied before judgment was entered Cases where the court may set aside or vary judgment entered under Part 12 13.3 (1) In any other case, the court may set aside(GL) or vary a judgment entered under Part 12 if – (a) the defendant has a real prospect of successfully defending the claim; or (b) it appears to the court that there is some other good reason why – (i) the judgment should be set aside or varied; or (ii) the defendant should be allowed to defend the claim. (2) In considering whether to set aside(GL) or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly. (Rule 3.1(3) provides that the court may attach conditions when it makes an order) (Article 19(4) of the Service Regulation (which has the same meaning as in rule 6.31(e)) applies to applications to appeal a judgment in default when the time limit for appealing has expired.) Think my situation must apply to one of the reasons. Any thoughts??
  16. I only got the order in the post yesterday posted from the court on sent on 28/2/20. Im not even sure what the best action to follow on with. Interim Should I apply to vary the judgement to include the 551.00 I originally queried in the monthly payments and carry on if judge allows. Then start the complaint process with MB. Or Apply to set aside the whole judgement and it will give me my time in court to state my case in full Any ideas or advice appreciated, at this pressing time.
  17. Ok will do this today. So going forward will I be applying to set aside the judgement? How long does the transfer to the high court take approx, please? At least I managed to sleep, so can consentrate on what needs to be done. Thanks
  18. Ive calmed down, had a coffee and read it again, sometimes these court orders arent written for everybody to understand. It so annoying how MB are still trading. I would like to see the info they put on their application to the court and what underhanded tactics and lies they are using now. I do feel slightly harrased and considerably bullied by MB, something they seem to do on a regular basis, especially to their more vulunerable customers. Sending my email to the court and will post reply when they advise me. Should I be thinking about applying to set aside the original judgement/order. Some courts only see urgent counter applications etc by appointment and the order states apply within 7 days or am I jumping ahead.
  19. Moneybarn have managed to get permission to transfer to the high court for return if goods order, how us that possible as I thought it wasnt allowed as the agreement is regulated under the consumer credit act? Court order attached What can I now do? Dont think ill sleep tonight, feel sick, cant do with anymore drama outside the house or worse if they come to work. So they could turn up tomorrow morning oh dear !! M Barn High Court Transfer-Compressed.pdf
  20. Sorry not been active last week or so, been taking care of a relative. Loved the post dx regarding Moneybarn, been considering whether it is a good idea to redraft the ending on that email from your previous post to start the process of a complaint, they seem to have gone quiet and I have not received any court documents etc.
  21. OMG that is my situation to a T ! It also relates to the post brassnecked contributed earlier. There is only one difference I note 'they terminated their own contract, where as MB terminated mine on me' however I wasn't ever considered by MB as a candidate from the investigation even though I was, and still am very much the product of their wrong doings and mistreatment, Im now wondering why I was overlooked or even how they came to evaluate each case. Even though they claim to have put things right, they continued and still do treat existing customers wrong and haven't learnt a thing. There are so many different options available to terminate an agreement as I have found out from advice given and what Ive read on this forum, the choice of options and implications of each, should freely be given by the lender. I was given an option by MB it was according to them my only option, and that option suited them while it placed me the customer with further financial burden. The consent order was portrayed as my only option, it was falsly described as nothing major, quite similar to the original agreement but had to be done as they could not re-instate the first one (funny how they couldnt re-instate it, but did and do still refer to the original agreements terms as being in force and fully effective, how? if it no longer existed as terminated). There was never a discussion about the additional figures they imposed each month I was just sent the order after speaking to the recovery/asset team over the phone. They make you believe you should be grateful youve been accepted by them and offerred a consent order. I couldnt even say what they determined as my disposible income as they never gave any other information or paperwork, just the order which stated an increase to my monthly amount by approx £75. I was pressured to return the signed order or face a further increase in fees (dont think they allowed me any breathing space to fully consider what I was signing into) and led to believe It was better done this way than to attend a court hearing. Im so annoyed, but I will have my day!! Anybody in this situation or a similar one, needs to know the options available arn't as limited as you may have been informed, dont be pushed or bullied as you could my mistakes and end up in the same situation as me or worse! I would like to thank all who constantly work on this site and contribute every day, as your knowledge, help and advice is how I can sleep each night! I would also especially like to thank DX for the advice, help and support that continues to flow each and every day, Thank you so much. I want to donate to the site on a regular basis although its only going to be a token amount im hoping it will go to ensuring the future of the site. Is there a way I can set up a re-occurring payment. Its the only way to show my appreciation of the help im receiving plus, no doubt once this current situation is over Ill be faced with another one !! .
  22. Feel as though MB are doing whatever they please in order to bully and harrass me to so I end up vulnerable and just submit to their way!! Two new letters received yesterday 19/02/20 when I arived home, typical MB one is dated 15/2/20, posted on the 17th 2nd class, obviously they feel its not of great importance to the customer to know what ridiculous charges they are applying!! Uploaded both letters Just to confirm I have not sent the email yet, its in my draft until you get the time and chance to revise the part mentioned earlier post. Thanks Rec MB 190220_compressed.pdf MB REC 190220 L2_compressed.pdf
  23. Money%20B%20Pay%20Record.xlsx I hope thats better to undetstand Thanks
  24. Yes i will send you that spreadsheey. They did send me a settlement figure, however they ignored my request to provide me with any breakdown or calculations to show how they came to the figure quoted. Just checking the spreadsheet and I have missed off 1 payment 11/12/19 £140.00. Do you want me to update it an resend the spreadsheet, if so by PM or upload to this post. Thanks.
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