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Suspended return of goods - Car Collection - Urgent!

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Hi Everyone

 

I have a car under finance until November 2016 and the finance company was granted a Suspended Order for return of goods in September 2015.

 

I made payments for October and November by visa debit.

Then set up a bill payment facility in my bank account so that I could pay online.

I made payments for December and January.

 

I had a knock at the door from a collection agent last week, to take the vehicle.

I explained that the agreement was up to date under the court order

and we liaised together with the finance company's lawyers .

I was given 24 hours to produce evidence of payments, and he left.

 

I downloaded by 'recent transaction' history from online banking,

as well as details of the particular bill payment that I had set up.

 

 

The finance company's lawyers accepted by email as satisfactory, and held off on collection action till this week.

 

 

I heard today from the finance company's lawyers: they had been unable to locate my payments with the information that I had provided

and therefore intended to proceed with collecting the vehicle.

 

 

They also made a sarcastic remark in the email about the download I provided not having the name of my bank on it.

I reminded them it was not a statement, which would take some time to arrive, and that it was a 'recent transaction download'.

 

They have outright refused my gesture of goodwill of immediately paying the £500 outstanding by debit card,

whilst the issue of the lost payments is resolved.

 

 

Is there any action that I can take to prevent collection of the vehicle?

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who is it?

 

 

have you told the court that this is going on?

 

 

expand on the full story a bit too?

 

 

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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Hi dx100uk

 

The finance company is MotoNovo, and their lawyers are DWF.

 

The County Court is unaware of any developments since the suspended order was granted.

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what are dwf doing with it

they are a tinpot company.

 

 

usually deal with dodgy debts and stupid civil recovery shoplifting RLP type claims that have no real status.

 

 

as for motonova...dodgy lot too pull all kinds of unlawful stunts to fleece people

 

 

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=motonava&sa=Search+CAG#gsc.tab=0&gsc.q=motonava&gsc.page=1

 

 

so...something smells.

 

 

get on to the court tomorrow tell them what is going on.

 

 

as you'll see from above link moto will try and repo

bet your bottom dollar its not court bailiffs trying to repo

its some trumped up no powers repo co.

 

 

cant see a past thread with the history of the suspended return of goods story.

 

 

tell us it.

did you defend it?

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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Hi Dx

 

I offered to accept a suspended order, so did not use a defence.

 

Thank you for the link, which pointed to a number of scenarios with the same company.

 

There is just over £3k left to pay on original finance of £9k.

 

There is nothing particularly 'dodgy' about Motonovo's actions, the car collection is based on what they consider to be two non-payments on a suspended order for return of goods. I believe that the payments were made. They are exercising their right to collect the vehicle, if they can get it, under the terms of the suspended order.

 

The car is not at home, as my wife is away for two weeks teaching at a school in another county. I have the collection agents mobile and will be telling him this whyen I speak with him today - I do not want the cost of his attendances to add to the amount owed etc..

 

I am reluctant to request a hearing at County Court, which will only bolt on costs to money owed, unless there is a common sense way to get the order back on track.

 

I suppose what I am asking is: is there a way, with or without the County Court, of paying up the £500 outstanding and having the order runand finish in November 2016?

 

Is there a way of approaching thi

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you should not have to pay repo fees!

 

 

how about a time order?

 

 

lets hope the theoldrouge is around today


please don't hit Quote...just type we know what we said earlier..

 

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Yikes, just heard from the collection agent that the final settlement figure is £433.60 above the amount outstanding

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they cannot charge repo fees

 

 

only COURT BAILIFFS from the court

can do that

 

 

who is the repo co?


please don't hit Quote...just type we know what we said earlier..

 

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They have just revised the final figure downward, there is an extra £330 to pay. That £330 is for the agent at CRYSTAL COLLECTIONS.

 

Why do you say they cannot charge a fee DX?

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imo you should keep the car securely locked away in a garage whilst you provide the proof that the payments have been made

or get them to accept your payment of full arrears

the problem is that they have a ROG order whch in their view has not been adhered to

 

Should they find the car even on private land they can take it, but cannot break in to private property eg garage

 

However by not accepting your offer to immediately clear all the arrears, they are not treating you fairly

get all this in writing, which can then be subject of formal complaint FCA PRIN (principle6)

 

from Crystal Collections website who claim to adhere to the FCA guidelines

We have an industry compliant workforce who perform their duties in line with consumer credit act regulations (CCA) as well as adopting the Financial Conduct Authority (FCA) handbook protocol in our processes. We will look to work with the debtor, in what is a difficult and emotional time, and ensure that we work as empathetically as possible to ensure the outcome is right for the finance company and the debtor.

We will thoroughly explain the process that has happened since default and talk through the options that the finance company will allow to remedy the breach on the agreement.


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did you receive and have a copy of the court judgement?


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Hi TheOldRouge, and thank you for your time on this matter.

 

I have a copy of the judgement: it is very clear that the goods are considered 'wrongfully detained' by me unless I 'fulfil the conditions of the suspension'.

 

There is no way they will accept payment of the £500 arrears. They want to collect the vehicle unless the full settlement figure is paid. Are you suggesting that if the vehicle is kept indefinitely in a securely locked garage, then that might encourage them to accept payment for the two months that they claim are missed?

 

Is adding a collection fee of £330 something that can be challenged?

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I am just suggesting that you keep it under lock and key until you provide the clear proof that they require that the judgement has been adhered to

As you have paid this should not be a problem, if you were not to adhere to the judgement, you would have to apply to the court to vary/review

 

Once this has been agreed in writing, you can then of course challenge the repo fees and other matters by formal complaint

which could then go to the fos if they reject your complaints


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Thanks for the advise OldRouge.

 

If today I agreed in writing with the settlement figure and agreed to pay the full amount by visa debit on XX/02/2016, what would XX need to be before the collection agents gets out his flatbed truck and posts a new fat £500 charge on top?

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if you can pay within the next few days in full, then do so and argue any charges afterwards

 

it all really depends on whether you have complied with the court order or not


PLEASE HELP US TO KEEP THIS SITE RUNNING

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Thanks OldRouge

 

I have never really understood why settling early does not net you a tidy REDUCTION in the agreement amount, since you are no longer taking the credit over the full-term that it was originally offered!

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If this is subject to a suspended court order, wouldn't they have to apply to the court for a warrant to enforce repossession? rather than instruct a repo company ?


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PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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If this is subject to a suspended court order, wouldn't they have to apply to the court for a warrant to enforce repossession? rather than instruct a repo company ?

 

 

yes my thinking also

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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A suspended order for a house requires the lender to go back to court to see an eviction date and possession.

 

Not so for a car, they just go along and collect.

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we don't think so.

 

 

where are you getting this from?

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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Did the Court suspend the hearing or was there a hearing?

 

What EXACTLY does the order say?

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its a suspended return of goods order, so if at any time the terms of the order are broken then the goods are "wrongfully detained" by me.

 

Do you know of any cases DX where a collection agent was unable to collect a car under a suspended ROG because of a legal technicality?

 

I have managed to get the legal firm to allow me to speak to the finance company tomorrow for a discussion about the settlement figure.

 

 

I raised the issue that if I am paying off the agreement (nine months) early, then surely there is a rebate due on the balance, because the balance I have been repaying is based on an interest calculation over the full original term.

 

When I suggested this, the legal firm replied that because of the 'termination of the expiry of the Default Notice' the balance they are requesting is due, but I am going to find out tomorrow exactly what my rights to early termination are once the agreement is in default.

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the simple fact is a collection agent has NO LEGAL POWERS WHATSOEVER.

they ARE NOT BAILIFFS.

and NOT assigned by the court.

 

 

again I say where are you getting the info from, other than supposition by yourself

that the car can be taken?

 

 

and

'termination of the expiry of the Default Notice'

 

 

is as clear as mud.

 

 

means nothing legally

or you've got the words said wrong.

this is why its always SOOOO important never to use the phone regarding debts

 

 

you have no paper data trail of the threats that are made

that 9/10 they would never put in writing.

 

 

 

 

have you ALL the statements for the loan from moto?

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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The exact wording of the suspended order is:

 

"and upon payment of the arrears of xxxx.xx."

 

It is adjudged that, the defendant having failed to comply with the terms of a regulated hire purchase agreement dated xx/xx/xx made between the claimant and defendant xxxxxxxx,

 

 

the claimant do reover against the defendant the following goods of the claimant,

being goods subject to the agreement and wrongfully detained by the defendant,

namely: xxx a car xxx and do recover against the defendant the sum of xxx.xx for oosts,

 

 

It is ordered that unless the defendant fulfil the conditions of the suspension,

the defendant do return the goods to the claimant by xx/xx/xx."

 

And that the operation of this order be suspended on condition that

the unpaid balance of the hire purchase price,

namely xxxx.xx plus costs of xxx.xx totalling xxxx.xx

to be paid to the claimant by installments of xxx.xxx for every calendar month,

 

 

the first instalment to reach the claimant by xx/xx/xx on on the xxth of each month

theeafter for 14 months with one final payment of xxx.xx on the 15th month."

 

"And that the terms of the above mentioned agreement be modified in the following respects:

no sum except the above mentioned installments shall be payable to the claimant

in respect of the agreement during the suspension".

 

Hi DX,

I am doing plenty by email, and am not relying on the telephone.

Whatever reduced powers a collection agent may have over a bailiff,

under the suspended order ANYONE has the legal right to come along and take the car on behalf of the finance company,

lawfully of course (ie without breaking into private property).

 

 

Of course, if anyone has a precise legal reason why the agent cannot do this,

then I shall very happily file the relevant form at County Court and seek a prompt hearing of the matter.

 

 

Do bear in mind of course, that because of the order, the costs of such a hearing will likely be allocated to little old me.

 

Otherwise, my best course of action is to do exactly what Old suggested:

pay up what they are asking after a little negotiation,

and then claim back the amount I am owed

- guaranteeing that the car remains with me and no additional fees are levied.

 

 

I want to focus how the finance company can be legally restricted in its actions,

and not dwell on the unfairness of the cat and mouse game.

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