Unlawful Car Repo? MotoNovo

[sequenci]

I've been busy reading another thread which is mentioned a few threads above which is basically the same situation and I understand they won damages for the agreement back in accordance with s92 of the CCA 1974.

 

Any idea as to the level of damages? I'm really interested!

 

The big issue here, though, is *if* more than 1/3 has been paid - and the goods have been snatched back then the OP would be entitled to a refund of all of their payments.

[orfoster]

Do my above calculations make sense to you though? As in over a 1/3 has been paid?

 

I'm still reading through the thread I referred to so I will come back but I've seen others that got back all of their payments......

[dx100uk]

certainly will and market value of the car

 

not go my brain on to workout your figures at present

 

dx

[orfoster]

certainly will and market value of the car

 

not go my brain on to workout your figures at present

 

dx

 

Thanks.

 

That's ok, have a ponder at your leisure.

 

Oli

[gerson]

Hi Orfoster,

 

OK looking at your statement:

 

5995 + 2276.08 + 199 = 8470.08

Total due = 8619.08

Diff = 149 (option to buy???)

 

14NOV09 5995 + 2276.08 + 199 + 129.57(option to buy?????) = 8599.65

Diff from total due = 19.43 (for what??????)

 

8599.65 1/3 = 2866.55

8619.08 1/3 = 2873.03

 

So your opening balance was 8599.65 therefore 1/3 should be 2866.55

You paid 176.46 * 14 + 188.46 = 2658.90

Diff to 1/3 = 207.65 (in Moto favor)

 

Total charges to be reclaimed = 12 + 12 + 35 + 35 = 94

Option to purchase fee = 129.57

Total = 223.57

 

So by removing the fees you have IMHO overpaid the 1/3 by 15.92, going by the account opening balance at 14NOV

 

Conversely if we use the 8619.08 1/3 = 2873.03 (1/3) - 94 (charges) - 129.57 (option fee) = 2649.46 - 2659.90 (you actually paid) then you are over the 1/3 by 10.44

 

Were your repayments 176.46 for the duration, i.e 49 months, because this equates to 8646.54 PAID in total

 

Not sure what the 1010 entry on 16Aug is for - did you pay this?

 

I am not an expert but this is what I can gleam from that statement.

 

Irrespective of the 1/3 they took the car from private property which AFAIK is a big no,no without a court order

 

HTH

 

G

[sequenci]

Irrespective of the 1/3 they took the car from private property which AFAIK is a big no,no without a court order

 

 

It's not really. The OP might be able to claim damages but they are likely to be reasonably nominal. The taking the car without a court order whilst it is a protected asset - that's the BIG thing here.

[Gaston Grimsdyke]

You don't have a claim against them. Once you terminated, that was it. You cannot unilaterally change your mind. So you couldn't stop them taking the car, and they didn't need a court order. You possibly have a claim for breach of statutory duty for the taking from private land, but even if you do it's worth about a tenner.

[orfoster]

In terms of reclaiming the charges applied to the whole thing.

They charged for;

1. Abort Fee

2. Default Fee

3. Collections Management Charge

4. £300 for incomplete service history (it was there and I complained about this but they never responded, it was just a loose page).

 

Are the above reclaimable penalties?

 

If so they total £918 inc 8%

[dx100uk]

yes all of them

 

if they have charged you interest on them

ie the statements show interest every month as an entry

then charge them at THEIR RATE

 

use the CISHEET.

 

dx

[orfoster]

Thanks,

 

On looking at their website they say they are regulated by the FCA but on checking the FCA register for some reason I can't find either FirstRand or MotoNovo by using their postcodes as listed on the bottom of the MotoNovo website.

 

If they say they are regulated should I claim breach of contract in accordance with COBS?

 

Where do I serve N1? Their registered office at FirstRand or MotoNovo (Trading arm)?

 

Cheers

[orfoster]

Ok so a letter was sent to reclaim the charges but we have had a response from MotoNovo saying that the charges were never paid........have a look [ATTACH=CONFIG]46208[/ATTACH]

 

They're saying that they weren't paid but the 50% was paid and obviously included those charges, they make reference to offering a reduction in the debt if it was paid within 14 days but I wasn't able to do this....!

 

The issue around the service book charge (a letter was sent in and they failed to check as the service book document was just loose within the folder) and the abort fee is just another charge in our view.

 

Can I just check that the charges are reclaimable??

[dx100uk]

reading now

 

back later bit buzy

 

dx

[dx100uk]

notes:

 

Basically, want the default removed from credit file and account marked as settled

..you've now got that..

 

outstanding...

The taking the car without a court order whilst it is a protected asset - that's the BIG thing here.

where are we on this?

have you directly accused them of this yet?

 

on the charges ....

he is talking as if the charges were a 'notianal'

i'e you didn't complete the agreement, so the full bal was not paid?

 

where do they sit on the fact of the £700 to equidebt then?

it does not show on the statements?

 

dx

[orfoster]

Hi Dx,

 

Basically, want the default removed from credit file and account marked as settled

..you've now got that..

Have we? That was what we were confused about TBH it talks about liability and doesn't mention removing adverse information.

 

The taking the car without a court order whilst it is a protected asset - that's the BIG thing here.

where are we on this?

have you directly accused them of this yet?

Yes and they've ignored me on each occasion about this, people are suggesting that damages for this would be negligible?

If you take off the charges etc then it seems as though we reached the 1/3rd but I assume we would have to firstly show the charges aren't right in order to then show the balance was over 1/3rd?

 

he is talking as if the charges were a 'notianal'

i'e you didn't complete the agreement, so the full bal was not paid?

 

where do they sit on the fact of the £700 to equidebt then?

it does not show on the statements?

Feeling a bit stupid about this bit....the charges were applied to the balance, payment was made to Equidebt they took a 40% reduction but really its the point that at the time of applying them they weren't right and that if we won this argument then its over 1/3rd.

 

What's the best course of action?

Do we accept their offer on the default issue in part settlement?

[dx100uk]

part settlement?

 

no i'd write back about the offer.

 

clarify if they are removing all negative data from your file

 

in other words to make myself clear...

 

I thank you for you letter dated dd/mm/yyyy and its contents.

 

I wish before accepting the offer for clarification on the follow points I am not clear about.

 

by stating you are prepared to removed my liability with regard to my credit file -

does this include the removal of the default & any late markers your have placed.

 

in other words for point of clarity, you will ensure that this debt will no longer harm my credit worthiness?

 

you mention nowhere, as far as I can see, a payment of £700 I made to equidebt dated dd/mm/yyyy

[bearing in mind this was a discount from £xxxxx]

 

I know in the whole sceme of things this mens very little to you

but it concerns me that nowhere does your paperwork say athying regarding this money?

 

where did it go? if not off my debt

can you please indicate whom I have to rise a complaint too about this.

 

it was paid in good faith and it appears to me I have been fleeced.

 

dx

[orfoster]

MotoNovo have replied;

 

Thank you for your email. Apologies for the delay in replying, but I needed to check some details with our Collections Department.

 

Firstly, the amendment to your credit file would be a repair which would include the removal of liability and a removal of late markers from your file from the date of your voluntary termination.

Secondly, referring to the situation with Equidebt, unfortunately, Equidebt have gone into liquidation and never passed any funds to us, hence no mention of them on your agreement account.

 

Please let me know if you wish me to process the amends and I will arrange for the data amends to be made.

[orfoster]

So because MotoNovo don't reflect this payment on my account what can I do?

We've accepted their £200 and removal of all adverse info as settlement in just that matter, charges and unlawful repo IMO are still outstanding if we can pursue.

 

Surely them saying it wasn't all paid isn't my problem, not my problem that the debt collectors went bust?

[orfoster]

Account was settled in full with Equidebt on 12 July 2012, they didn't go into administration until 13 June 2013, are they seriously suggesting MotoNovo received no payment nearly 12 months later?!