Moneybarn car repossesion

[dx100uk]

they certainly cant keep adding repo fees or penalty fees.

they can be reclaimed.

[tonymann]

dx100uk what is the procedure for reclaiming fees?

[dx100uk]

CISheet v101.xls

 

put their int rate in cell d15

list every fee

[tonymann]

COMPOUND INTEREST CALCULATOR

 

 

PERSONAL DETAILS CLAIM CALCULATION

 

Claimant Name: Total of Charges £690.00

 

Lender Name: Moneybarn

Compound Interest £174.40

Account Number:

 

Claim From: 05/02/2013 Claim To: 21/05/2014 Total £864.40

 

Interest Rate (APR): 49.00%

 

 

"Date of

Charge" Description "Amount of

Charge" "Number of

Days Elapsed" "Compound

Interest"

 

03/04/2013 Bounced DD £25.00 413 £14.26

06/06/2013 Payment not received by DD £25.00 349 £11.60

04/07/2013 Payment not received by DD £25.00 321 £10.50

16/07/2013 Default Notice Served £25.00 309 £10.04

09/08/2013 Payment not received by DD £25.00 285 £9.13

27/09/2013 Payment not received by DD £25.00 236 £7.35

03/10/2013 Payment not received by DD £25.00 230 £7.14

03/10/2013 Default Notice Served £25.00 230 £7.14

12/11/2013 Court Costs £175.00 190 £40.37

18/12/2013 Recovery Agent Costs £270.00 154 £49.47

02/01/2014 Court Costs £45.00 139 £7.38

 

So the above is the list of charges, where do I go with this claim now?

[dx100uk]

you cant include ccourt costs

 

attach the spreadsheet via go advanced bottom right

 

dx

[tonymann]

here's the attachment, thanks for all your help

[dx100uk]

that's ok

 

no late or letter fees etc?

 

have you all the statements?

 

dx

[tonymann]

heres the statement its got all the charges/payments etc to date, no other charges from what I can see

 

hi guys any update on whether a time order cost is payable in advance?

 

also Moneybarn have been sending their goons around to look for the car again, luckily its off the road but I'm sure they will try to charge me collection fees again.

 

Hi any more info to my questions from above guys?

 

is the cost of a time order payable in advanced or on the debt?

 

also dx do I leave those charges with you or do I need to do something?

[dx100uk]

don't know about the time order thing sri

legal is not my bag

 

as for the charges you put in a claim to money barn.

 

see link 3 below

 

dx

[sequenci]

You would pay for the time order yourself if you are making the application. If a creditor seeks action to recover the vehicle through the legal system, they start the claim - so you can ask the court to consider making one when you return to claim form.

[theoldrouge]

if you cant afford the fee, wait till they apply for a return of goods order, fill in the form of admission (N9C) with your offer of payment, and enclose a witness statement, in which you can expand on your story/difficulties and the court can have a look at the agreement

[tonymann]

I was in the process of applying for a time order and today an agent from Burlington Group visited my parents home saying they are reporting the car as stolen today. He also dropped of a writ from county court. Can anyone help me immediately please?

 

Can they report the car stolen if we are in a dispute? Must I had the car back?

 

anyone???

[dx100uk]

what do you mean by a writ?

 

just one of their made up forms?

 

they must goto court and get a return of goods order

 

you would be informed of the case

 

and be able to defend.

 

dx

[tonymann]

This is a writ with a high court stamp on it, issued by Reading District Registry of the High Court. Maybe they are able to do this as I previously signed a consent order?

[dx100uk]

ok i'll let the more wise ones on legal issues comment.

 

dx

[tonymann]

ive attached the first page of the writ it looks pretty official to me, any help please would be appreciated guys, really worried right now esp if the police get involved

[dx100uk]

you'll need to convert to PDF

 

dx

[tonymann]

heres a pdf

 

any legal experts, ppl that know abt writs, and police involvement if they report it stolen

 

anyone?

[theoldrouge]

breach of consent order is breach of court order, that they are now enforcing.

 

I have never had to deal with High Court Writ, and would suggest you see a solicitor immediately.

 

I believe you can apply to set aside the order on form N244,

at the same time apply for a stay of execution and a variation of theorder on form N245.

 

Others with more knowledge of High Court writs will no doubt help further.

 

This may help---

1. You make the application to the High Court District Registry that issued the writ,

Telephone the court and they will provide you with the forms you need.

 

Example application for a stay of execution of a writ and a variation to stop enforcement action.

 

The Defendant applies for:

a) The execution of the Writ of Fieri Facias to be stayed

b) An order to vary the sum to be paid in periodical amounts of

£[AMOUNT] for [NUMBER] of months

 

until the judgment sum is paid starting on [DESIRED DAY DATE AND YEAR OF FIRST PAYMENT]

 

with the final payment of £[AMOUNT] to be paid on the [DAY AND DATE AND YEAR]

c) Costs

 

 

Do not include High Court fees, or High Court officers fees in the above sum,

only use the original judgment debt in your calculations (on the form N24).

 

There are no enforcement officers fees payable for a writ that has not been executed.

 

Pay direct to the creditor,

or if the creditor is vexatious,

then make a further application for the writ to be set aside.

Other grounds can include

You cannot afford the fees

Pending determination of an application to vary a writ or order

Pending determination of an application to set aside a writ or order

The HCEO is threatening to remove goods belonging to a 3rd Party or a child

The debt has been paid in full before the HCEO attended

 

[tonymann]

thanks theoldrouge! appreciate the info.