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

[dx100uk]

you need to factor in all unlawful fees.

 

void DN means termination was unlawful means the CCA is also voided ?

 

from my notes:

 

This article explains well--

.

- Motor finance is an area which often requires an additional consideration when contemplating debt recovery action,

because the relevant credit agreement may be a hire-purchase or conditional sale agreement.

.

In these cases, where the debtor (or hirer) has paid over one third of the total amount payable,

the vehicle is provided with the special status of ‘protected goods’ under section 90 of the Act.

.

This means that it cannot be taken from the debtor without either a court order or his consent.

.

If a vehicle is taken in the absence of either of these,

then it could become an expensive and time-consuming exercise for the lender that entirely defeats

the purpose of seeking to recover the asset in the first place.

.

This is because section 91 provides that where section 90 is breached,

the debtor is released from all liability under the agreement,

but he retains a right to recover damages equal to all payments made.

.

These payments may even include the value of a part exchange vehicle.

.

The first issue to be addressed

– in common with all credit agreements

– is that of bringing the contract to an end through default and termination.

.

In the event that this is not done correctly,

then there is no basis upon which to take the vehicle,

and instead the debtor will retain his contractual right to possession under the terms of the agreement.

.

Assuming that the agreement has been brought to an end correctly,

then the contractual right to possession will terminate alongside the agreement.

But that is not the end of the story

.

– if the hirer has statutory protection against the owner

repossessing the vehicle under section 90,

then, in view of the consequences,

.

it means the lender will have to approach the matter with a certain degree of care.

.

In theory the easiest method of repossessing a protected vehicle is for the lender to obtain the debtor’s consent to take the vehicle from him.

This approach also has a commercial logic in minimising costs when ultimately they may not be recovered.

.

It is important to remember that the consent must be genuine and given voluntarily,

and, therefore, lenders should make sure that where third party recovery agents are used to repossess protected vehicles,

the processes that they adopt are reliable in this regard.

.

Practices involving either coercion or misrepresentation could cause licensing issues

when considered under the Irresponsible Lending Guidance.

.

As a minimum,

the lender should obtain from the debtor a signed mandate at the time of the repossession,

stating clearly and unequivocally that the consent is given freely.

.

The mandate should also provide full details including the debtor’s name, address, vehicle description and related agreement number.

It is useful too if the mandate includes a declaration to this effect,

together with a comment on the fact that the keys and logbook have been provided

– such an approach is likely to indicate informed consent and so reduce the risk of any future claim under section 90.

.

If consent to repossess the protected vehicle cannot be obtained from the debtor,

the only option available to the lender is to obtain an order from the court for its return.

.

As ever, the process of issuing proceedings inevitably involves risk, additional costs

and may cause delay in recovering the vehicle because attendance at a hearing is likely to be necessary.

[FORMISTER]

Thanks DX as usual .

 

I will come back when he receives the continuation of claim

[AndyOrch]

Thanks DX as usual .

 

I will come back when he receives the continuation of claim

 

If

[FORMISTER]

Just a quick update,

 

He has received 2 letters, the first notifying him of his pre-final billing and that they are auctioning the car in the next 10 or so days.

 

The second a default sums notice of £500 for collecting the car , how you can be in default of a sum that you haven't been given notice of before is beyond me.

[dx100uk]

Moneybarn just never have a clue on how to do tgings properly

[FORMISTER]

Hi , finally had some movement on this issue.

 

He received a letter today that they had very Kindly completed their inspection of the vehicle and were putting it into auction.

 

Also they managed to add £500 agents fees, £25 for a polish, £50 for a vehicle inspection and £222 for a new battery.

 

They then suggest until the final balance is confirmed that he contacts them to discuss interim monthly payments, with an estimate final balance of approx 6k

[dx100uk]

Which ofcourse he will not be paying!!

The agreement is void

[FORMISTER]

Absolutely DX,

 

The question is, when does he play his hand?

 

Is it time now to tell them that he won't be paying and that he is going to claim back all the money paid and interest, plus fees etc or is it still the waiting game ?

[dx100uk]

Did he get the n245 done for the court costs as Andy advised!

[FORMISTER]

Waiting for a reply from him , will let you know when I get one

[FORMISTER]

HI DX,

 

No, he paid the court costs, I think he panicked as time had nearly run out and didn't want a CCJ

[dx100uk]

Ok

Let it run then as post 128

 

Did he send cca and sar too?

[FORMISTER]

Hi DX, I believe so.

 

Thats said, he pretty much has every bit of correspond from them that they ever sent

 

Thanks as usual for your help

[dx100uk]

Its not what he holds [he keeps that to himself!!! Dont play any cards or warn MB of pending doom for them] its what they hold...!!and can produce

[dx100uk]

been waiting 2yrs now for the CCA and sar data....

[FORMISTER]

Ok, finally some movement on this.

 

He received a letter today and MB are pleased to confirm that billing has now been completed on his account after the sale of his vehicle.

 

After adding and extra repairs bill after the first one, auction fees and recovery agent fees less sale of vehicle etc.

 

Please pay £5+k settlement which is now due by 28/9 , the settlement figure will increase over months blah blah blah.

 

Alternatively , if he can pay please contact them ti discuss other options.

[dx100uk]

Tough on them then

 

As post 132

[FORMISTER]

So, does he just sit tight and wit for a continuation of the original court proceedings and then defend, or what if they don't , how long does he wait?

[dx100uk]

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 ?

 

please read the thread

already answered.

 

dx

[FORMISTER]

Well I think we are hoping for a continuation of claim to counter claim for all the previous payments back and interest from the unlawful termination of contract because of the invalid default notice

[honeybee13]

Thread open.

 

HB

[FORMISTER]

Morning everyone, just going back to this old thread where I was posting an issue my friend had with the repossession of his vehicle by Moneybarn.

It seems that Moneybarn have sold off the outstanding balance and it is now assigned to bottom feeders Arrow Global.

Now, my question is do we dispute this with Arrow due to Moneybarn including the default notice fee in the default sum, making the DN invalid or this at best a tenuous defence, or does he just making arrangements to make a payment plan.

My send point has always been people never borrowed money from these bottom feeders, they just by for pennies in the pound, so they are fair game if we can challenge.

Thanks in advance 

[dx100uk]

just  a notice of assignment i assume?

interesting MB have sold this on

1st we've ever heard of MB selling any debt, could be linked to the fact MB appear to be going down the plughole and are getting as much money in buy selling debts off to prevent this.

 

now if my memory serves me correct, this is subject to a unlawful ROGO, which thus in turn voids the whole agreement ...i'd have to catch up ...

[FORMISTER]

Thanks DX, 

 

I have just got a copy of the his letter from Arrow, it definitely says assignment of this account to Arrow Global Limited