Moneybarn have Return of Goods order + Money Order - help needed

[FORMISTER]

Thanks DX

[dx100uk]

https://www.consumeractiongroup.co.uk/forum/showthread.php?263044-court-order-received-today

[FORMISTER]

Ok,

 

So I need to help him fill out the N244.

 

I was thinking of something on the lines of for section 3

 

"The Defendant seeks to set aside the claim (Claim No.) pursuant to CPR 13.3 as the Defendant believes there is some other good reason and there is a real prospect of successfully defending the claim. The Defendant also requests that any Warrant of Control (Warrant No.) be stayed and related court costs pending the outcome of the application."

 

 

Should we fill out draft order ?

 

Also, do we fill out a witness statement or a statement of case?

[FORMISTER]

Any advice DX, I could do with getting his N244 to court tomorrow as I am near there already.

[FORMISTER]

Bump

[AndyOrch]

Hi DX has asked I look in.

 

So what do you wish to do.....set a side the return of goods judgment or make application to pay the costs in instalments ?

 

 

Andy

[FORMISTER]

Hi Andy,

 

thanks for the reply

 

Yes, he wants to set-aside , based on the faulty DN

[AndyOrch]

Even though you state that hes not really bothered about keeping the car ?

[FORMISTER]

I think maybe the best option is to set-aside and then return the vehicle under VA

 

Otherwise he will have a £7500 bill less what they get at auction , probably £1500 after costs.

[AndyOrch]

And the reason he didn't attend the last hearing ?

[FORMISTER]

He's not the brightest of sparks and just thought it was inevitable and couldn't do anything about it.

 

Unfortunately I was helping him to start with but due to losing a parent I have been out of the game for several weeks.

 

And when I say he's not bothered, its because its no longer essential as he has a work vehicle.

 

He can now afford the payments again as circumstances changed.

 

He actually paid £300 to Moneybarn from £900 arrears and 3 days later they sent him the default notice .

 

I don't like the company for what I have seen of them

 

So looking at the best scenario

[AndyOrch]

I really dont see any point in setting a side the Return of Goods Order...Its not a CCJ on his credit file...that only comes if they take it to stage 2 and make the money claim on the balance.

 

If they do take it to stage 2 then he can defend the claim on the grounds you refer to IE Faulty DN/TN etc etc.

 

This will cost him £255 with no advantage apart from keeping the car..... he should have attended the hearing and offered a payment plan..the court would have then dismissed the Return of Goods claim.

 

Now he wants to set a side then he can offer a VT to try and get around a possible further money claim.

 

You realise there are severe penalties for not comply with a Return of Goods Order...including imprisonment ?

[FORMISTER]

Hi Andy,

 

Ok , so it will cost him £255 for the set-aside but he's got to pay the best part of £500 for court costs for the return pf goods order anyway, so is to not worth the set-aside ?

[AndyOrch]

Hi Andy,

 

Ok , so it will cost him £255 for the set-aside but he's got to pay the best part of £500 for court costs for the return pf goods order anyway, so is to not worth the set-aside ?

 

Still have to pay the £500 irrespective....spade... hole.... digging deeper... springs to mind.

[FORMISTER]

Ok, so what are you saying , the best thing to do is hand the car back, then when they sell it and come after him for the balance to then defend it with the faulty DN?

[AndyOrch]

Thats the way I would approach it and in the meantime submit an N245 for the costs order

[FORMISTER]

Ok,thanks Andy.

 

And what is the N245 form asking the court to do?

[AndyOrch]

Vary the Court order for costs to monthly payment .

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406098-LEGAL-N245-Application-for-suspension-vary-an-order-**Correct-as-at-Feb-2017**

[FORMISTER]

Ok thanks, I shall put that to him.

 

Then will see what Moneybarn do next.

 

So when they come after the balance does he wait for court proceedings or does he make his claim why he isn't going to pay?

[AndyOrch]

Refer to your post #37 upload (Court Claim) it states adjourned until return of car.

[FORMISTER]

Ok cheers

[dx100uk]

thanks andy

 

dx

[FORMISTER]

Hi Guys,

 

I was just sifting through some of his paperwork including the annual statements.

 

Ive noticed that in 2016 he was charged £18 for the issue of a default notice which was then rescinded because it was faulty, yet the charge was still deducted from the payments he made.

 

Does this then make the defaulted amount in December 2017 incorrect , because the charge shouldn't of been deducted from the payments he made?

[dx100uk]

Dec 17 DN is already void as it states £18 charge on it

[FORMISTER]

Hi DX, yes of course thanks.

 

I was just looking to see how many faults I could find, the more the merrier!

 

Now a question, thinking in advance. So they have collected his car which I am guessing they will then sell at auction, say the car sells for £2k and the arrears were £600, leaving £1400.

 

Obviously we are going to defend the continuation of the claim for the outstanding balance which for arguments sake is £7000 less the sale of the vehicle and costs. However , if he successfully defends is he able to claim the money back left over from the sale of the vehicle ?