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    • Commercial Landlords are legally allowed to sue for early cancellation of the lease. You can only surrender your lease if your landlord agrees to your doing so. They are under no obligation even to consider your request and are entitled to refuse. You cannot use this as an excuse not to pay your rent. Your landlord is most likely to agree to your surrendering the lease if they want the property back in order to redevelop it, or if they wants to rent it to what they regards as a better tenant or at a higher rent. There are two types of surrender: Express surrender in writing. This is a written document which sets out the terms of the surrender. Implied surrender by conduct. (applies to your position) You can move out of the property you leased, simply hand your keys back and the lease will come to an end, but only if the landlord agrees to accept your surrender. Many tenants have thought they can simply post the keys through the landlord's letter box and the lease is ended. This is not true and without a document from the landlord, not only do you not know if the landlord has accepted the surrender, you also do not know on what basis they have accepted and could find they sue you for rent arrears, service charge arrears, damage to the property and compensation for your attempt to leave the property without the landlord's agreement. Unless you are absolutely certain that the landlord is agreeable to your departure, you should not attempt to imply a surrender by relying on your and the landlord's conduct.  
    • I had to deal with these last year worst DCA I have ever dealt with. Just wait for the constant threats of CCJ and how you'll lose in court and how they won't do medication and they want the judge to question you with a load of "BIG" words to boot with the letter. My case was struck out in the end, stupidity on their part as I admitted to owing the debt in the end going through the court process was just a formality as they wouldn't let it drop despite me admitting the debt regardless. They didn't send the last part of the court paper work in so it ended up being struck out
    • Well, that's it then. Clear proof of the rubbish cameras. Clear proof of double dipping. G24 won't be getting a penny. Belt & braces, I would write to the address LFI has found, include the evidence of double dipping, and ask Fraser Group to call their dogs off.
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    • I have initiated the breathing space so ill wait. from re reading everything this what i understand BS gives me 60 days break from the creditors during these 60 days they may contact me and will most likely default I need to wait until after a default notice to see whether the OC will keep the debt or sell it off If kept by the OC then i should attempt a plan or pay some token payment? If sold to DCA then don't pay and after 6 years it will leave my credit report once the DN is registered with a date. DCA may start a CCJ but unlikely, if they do come back here. last question, do you know roughly how long this will all take? in terms of defaults/default notice, potential CCJ? Would you say I have 12 months plus from when the BS ends?
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attempted Car repossesion by moneybarn **WON IN COURT**


tigeress289
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Hi, new to the forum and having just read a fantastic post on a welcome loss, made super reading.

 

I used a different company and bought a car over 48 months.

 

After 36 payments, I lost my job but still managed to pay another 7 after that.

 

This left 5 and I was finding it hard.

 

I phoned the company and the rep was not interested in spreading payments.

 

I defaulted but managed to pay the next instalment, leaving 4 but still a month behind.

 

Charges were being put on but still no movement from them, they just wanted the money.

 

I then paid the next payment ,leaving 3.

 

Finally I reached an agreement with a senior rep and the last 3 payments would be, 367 instead of 322.

 

I put the money in the bank but they tried to draw 467 and the bank returned the request.

 

They served a termination notice and handed it over to another company.

 

3 months later I get a knock at the door and someone threatens to remove the car if I do not pay 1140.

 

I ask if he has a court order and he says, NO.

 

I told him I wish he had taken it as I could have claimed all the money back,

 

he laughed and said he nearly did but checked the notice and saw there was no court order.

 

He said he would have been liable had he had taken it.

 

My question is,

if the company apply for a court order to reposess.

 

Does the court have to notify me directly as I want to make an offer to pay the remaining 3 payments off over a period as now unemployed.

 

Or is there another way to resolve this, as I feel the company has broken an agreement

and given me no chance from the offset.

 

Thanks for any replies.

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whose the company please

 

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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ah yes ductons Car Finance 247

 

ok

 

have you all the statements from day one and the agreement to hand?

 

ever been hit with PENALTY charges?

 

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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Share on other sites

They certainly would need to take you to court for possession as you have paid more than a third of the agreement.

 

If they do issue a claim the court will send you the papers with a form to defend.

 

If you are able to make payments towards the last bit you owe on the agreement then there is no way a judge would allow the vehicle to be repossessed.

 

Ensure you only pay the installment amount, not the charges.

 

When you have paid the total balance of the agreement they will argue you still owe money for their charges

- let them try and take you to court for that!

 

What they do is whenever you make a payment they take their charges off the balance first then the remainder goes towards your monthly payment,

that way they can keep you in arrears and so keep adding a monthly charge

- they are a nasty bunch to deal with.

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Thanks dx and Ell.

Up untill I became unemployed every thing was fine

 

as I had lost someone close in the first year

I bought the car and had funeral expenses,

 

phoned Duncton as they was then and spread a payment over the next 3 to help me out, with no problem.

 

This lot, different ball game.

 

I will check back every thing and see how much charges have gone on.

 

In the mean time I am going to offer a payment plan as I just want to clear the debt having invested so much into the car.

 

I am so glad to see the court has to notify me as the recovery guy

stated that they get an order without having to contact me and the car will just be removed.

 

I will let you know the responce I get.

all the best and thanks again

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did you get stung for any insurances on the agreement too?

 

fav trick of dunstons was to imply things

like gap/life/ppi were compulsory.

 

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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No,

I got stung by the dealer I bought it through,

 

he took a 2500 cash deposit + a 225 document fee.

 

Borrowed 9000 and interest was 6181.

 

Will recheck all payments as I paid quite a few fees early on when I changed payment dates and moved bank accounts.

 

There was a fee every time.

 

I can also see how they seem to take payments off the charges as you say and keep the arrears high.

 

I will get all my bank statements from day 1, as the fees are looking quite high.

 

Thanks for the help.

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looks like you need to sar moneybarn

 

get all the statements

 

i bet they owe you.

 

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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hold on it and click

 

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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If you write to them asking for the charges to be refunded due to them being unfair, I bet they send you a letter stating their charges were assessed by the OFT and deemed to be fair - they even quote an OFT case number !

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Just had an interesting phone call which I find strange from the colections/recovery company. I offered 50 pound a week but turned down. The extra fees however, now exceed 600 pound.

 

stay off that phone!!

 

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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just edit it in ms word

with your details

 

no need to type it all out

 

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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  • 2 weeks later...

Just got the sar details back, which was quick.

 

What I am looking for as unfair charges?

 

I am going to send another offer to pay the arrears off in writing but would like to know if anyone has ever taken a finance company to court over the unfair charges?

 

I need to spend some money on the car for repairs as I have a buyer and already found another car.

 

Someone posted once 3/4 paid off the finance company are no longer owners. But have had no reply on that thread.

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no its theirs until the final payment.

 

look for reoccuring 'fees'

 

late/over/letter/debt management

 

if not scan them up

 

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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  • 2 months later...

Good news from the Court, the Judge said it was one of the worst cases they had heard and allowed me to to pay in installments. Without asking they did not allow Moneybarn any costs. What I must say is that the advice on this forum has been excellent but the downside to shown just how low Moneybarn have reached, is that they used these posts in their witness statement as it it were all facts.

 

So my advice in future is not to use company names and keep details as basic as you can to avoid these low lifes scanning consumer forums to try and get evidence against you. Thankfully the Judge ignored them and in a way worked against them.

 

A footnote is that a SAR has opened my eyes to just how much you can uncover. As Wolfie, would say, "Power to the People" A big thanks to all those that helped as you were all part of defeating a faceless money grabbing company. You really do have to wonder what type of person works for companies like them.

Edited by tigeress289
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great well done

 

what happened about the PENALTY charges

 

anything happen?

 

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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Share on other sites

Great news - well done. I trust the statement you took to court helped the judge come to the right decision :)

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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It was right in front of the Judge and I am sure they read it well before hand. Would love to have heard the solicitor phoning moneybarn afterwards. A very good day to say the least.

Edited by tigeress289
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It was right in front of the Judge and I am sure they read it well before hand. Would love to have the solicitor phoning moneybarn afterwards. A very good day to say the least.

 

 

I love it when a plan comes together...........:wink:

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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  • dx100uk changed the title to attempted Car repossesion by moneybarn **WON IN COURT**
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