Moneybarn!..scottish claim return of vehicle order . arrgghhhhh!!!!

[Zes 1102]

Hi there,

 

I wrote to the court as mentioned above and explained that I need to a continuation until end of November as I am back at home due to illness in the family.

 

 

I received a lovely e mail saying that they would be in touch.

I received a further e mail asking for time frames, which I replied again,

only to receive an e mail back saying they have postponed until, 11th November!

 

 

I have gone back and explained that I cannot attend then as I will not be in Scotland per both my e mails

explaining time frames in depth and they have replied pretty much saying 'tough' and get a Solocitor to represent you!

This is exactly the stress and upset I was trying to avoid and now I'm back to square one!

 

I can't get a Solicitor as I'm not there to meet with one prior.

 

 

Surely, it should not be that difficult to move it forward a few weeks?

 

 

Especially when they know my situation and time frames????

 

I'm so upset by this and I need to be focuses get on my father and not this.

[theoldrouge]

if you cannot move the date forward, your other option would be to reach an agreement with Moneybarn prior to the hearing

 

depending on how important the car is to you

 

unfortunately they will be pressing for a resolution due to the increasing depreciation on the vehicle

[theoldrouge]

Its really important to contact the court again and try to move the date forward, if the hearing goes ahead without you attending

 

Moneybarn will most likely suceed

[Zes 1102]

Hi

 

refernece above...

 

I wrote to the court who advised me that they could not move the date forward again

and that I would have to speak to Brodies solicitors directly.

 

 

I have done this and received a very cold e mail stating that hearing is going ahead on 11th November and seek legal advice if I cannot attend.

 

There is no 'if' I can attend. It's 'I CANNOT' attend as I am not in the country.

 

I do need my car as I cannot work without it.

I do not need this particular car but a car in general.

Once this car goes, i wont be able to get another car on finance and certainly cannot afford to buy one, not even a banger so I'm pretty much stuffed.

 

Even the hearing going ahead on the 11th, I cannot arrange for the car to go back until I return to Scotland anyway!

 

I really do not know what else to do!..

[theoldrouge]

the only other alternative would be to come to an acceptable payment agreement with Moneybarn prior to the hearing

[Zes 1102]

They would want at least £700 a month which I cannot afford. This is probably a stupid question so forgive me upfront if i come across as dim..

 

Would they consider me returning this car and look at an alternative cheaper model with a new cheaper agreement?

[theoldrouge]

I,m afraid that given the situation, if you cannot reach an acceptable payment plan, I would return just for the hearing, its imperative if you want to keep the car

if you return the car you will be liable for the full agreement

 

I think you will have to give Mbarn a ring and see what an acceptable payment would be, explain the full situation

[dx100uk]

not being funny

but I quite regularly travelled south in a day

using the overnight sleeper

then returning in the afternoon.

 

 

ok could cost a bit of money but it is possible

I've done it for as little as £45 there and back but that was booking in advance.

[Zes 1102]

I have always been given good advice by yourself regarding Moneybarn

and wondered if you can help me again?

 

I last spoke to you back in November time regarding a Time Order which I was granted.

I sent a written letter to the court in December to update them on my situation

as a hearing was set on the 3rd Feb (which I could not attend)

stating that I had just returned to work and that I would offer £200 a month for Jan, Feb & March

and then I would look at repaying a larger amount to compensate the arrears.

 

 

The hearing went ahead but I have not heard anything until today

when I was given (hand delivered) a Extract Decree stating:

 

The Sheriff

Ordained the defender to deliver to the pursuer

Ford xxxxx moto vehicle Registration xxxxxxxxxxx chassis number xxxxxxxxxxxxxxx

together with the keys, registration documents and service history therefor

and that within 5 days of intimation upon the defender of this extract;

 

 

failing delivery as aforesaid, Granted warrant to officers of court to search for and take possession of said motor vehicle, keys registration documents and service history and to deliver them to the pursuers,

and to that end to open shut lockfast places; THIS EXTRACT IS WARRANT FOR THE LAWFUL EXECUTION HEREON

 

Firstly, I made payment to Moneybarn of £200 in January and February and was meant to pay the £200 today.

I spoke to the litigation team in January to get their bank details so that I could make payment

and again at the end of February and nothing was mentioned then about what had happened in Court.

 

 

This seems to have only now come to light since I emailed Moneybarn on Monday

to say that I would be making a payment by the end of the week.

It seems like they forgot to send me this document I received today

and because of my contact, this has reminded them?

 

What are my options?

should i just give in and give the car back within 5 days?

 

 

is it 5 working days or 5 days?

5 Days is not a long time at all and I can't be without a vehicle!

 

Really do appreciate your opinion before I ring the court to ask?

[dx100uk]

not sure how many times me and others said it was imperative that you attended the hearing....??

[Zes 1102]

Excuse me!

 

I could NOT attend the hearing as I was not in Scotland due to a family member passing!

[theoldrouge]

so you were granted a time order at the hearing on Nov11th, did you not keep to the terms of the time order?

[Zes 1102]

The time order was granted and I received a letter from the court stating that they would reconvene on the 3rd February to allow defender to commence payments, which I have done per my application heard in November.

[theoldrouge]

what exactly did you receive from the court?

you say the time order was granted, what were the exact terms of the time order?

[Zes 1102]

I received a letter from the court with the outcome of the hearing. I can upload it for you to view?

[theoldrouge]

yes please

[dx100uk]

are the court aware you've been making the payments?

[Zes 1102]

They should do as I sent them proof of payment for the last 2 payments of £200. I must admit that the last payment I sent to them, the court did come back with an e mail asking what the payment was relating to so I had to explain and give them the case number again.

 

How can I upload the last correspondence I received before today?

[theoldrouge]

click upload

[Zes 1102]

Hopefully attached

DUNFERMLINE SHERIFF COURT 11 NOVEMBER 2015 2.pdf

[dx100uk]

pers info showing

unapproved

[Zes 1102]

I have taken my personal info off (Blacked out) What else needs removing?

 

Sorry, hopefully this will be suitable

DUNFERMLINE SHERIFF COURT 11 NOVEMBER 2015 3.pdf

[theoldrouge]

the court adjourned the hearing until Feb 3rd, and when you didnt attend, granted judgement in favour of the claimant

[Zes 1102]

Even though I explained in advance by phone and writing to the court that I could not attend due to being down South at a funeral on that day.

 

What are my options?