Moneybarn charges and default notice

[AndyOrch]

Thanks..... so you can see they refer to in their particulars of claim an order pursuant to s92 0f the CCA1974......

 

The court order confirms the claimant do recover...so they have their order....but it does not state pursuant to s92.

 

But the order is suspended and that you must make payments and adhere to that order.

 

Now read the Take Notice Box .....It states on the order that your goods " may " be removed and other methods of enforcement " may " be used.....if you fail to pay in accordance...and that you should contact your court office about what you can do.

 

So the Order is very ambiguous and not black and white...and I still think you should make a further N245 to suspend/stay it again for the reasons which you know.

 

Ask for a senor member of your County Court to confirm.

 

 

Andy

[dx100uk]

Thread tidied

So the dn figure contains +£300 of unlawful penalty charges in its figure too

[dottymcdotty]

How do I address this then?

Aren't those fees outlined in the terms and conditions I signed up to though?

Thanks so much again

[dx100uk]

see what andy says

but in terms of the section 87 rules

the sum stated on a default notice should not contain any fees.

[AndyOrch]

Its all water under the bridge now...points should have been raised at the hearing you didn't attend....and taking into consideration point 9 of the claimants witness statement.

 

I have been digging and found what I think counters the order you have uploaded N32(2) Judgment for Delivery of Goods under section 133(1)(i) Consumer Credit Act 1974 suspended.

 

There is also a court form N32(4) Variation Order (Return of Goods) Order on application under section 130(6) of the Consumer Credit Act 1974 (Time Order)

[dottymcdotty]

Thanks Andy I did attend the hearing but was unaware of any of this so didn't know to raise it!

I've had the civil enforcement officer on the text this morning threatening to turn up at my work if I don't hand the car back today!

I simply cannot have him coming to my work! Has he got the powers to do this?

[dx100uk]

which company?

[dottymcdotty]

I've asked for his full name but he's refusing to disclose it. Company is wrights recoveries

[dx100uk]

they're not bailiffs or enforcement agents

[dottymcdotty]

Andy are you able to Outline in laymans terms what you think the next steps should be?

What do I do with the last information you posted.

It might also help others reading the thread to have this simplified.

 

I am most likely going to pay recovery fees too just to get rid of the horrible mess

- it doesn't sound like I have any legal grounds to contest any of it.

 

Interestingly on their website it states they have a no recovery no fee policy.

If this is the case I will be asking them to clarify why they are charging me?

 

Thanks again

Edited July 26, 2018 by dx100uk
spacing

[AndyOrch]

Hi have already give my answer in post #52.....but to add...

 

The last post refers to when you submit a time order to vary the Order....

 

N32(2) Judgment for Delivery of Goods under section 133(1)(i) consumer credit Act 1974 suspended.(thats what you already have the order)

 

N32(4) Variation Order (Return of Goods) Order on application under section 130(6) of the Consumer Credit Act 1974 (Time Order) Is when you make a Time Order.

 

 

But I dont think you need to do that because thats to be made if you wish to vary the monthly payments when your struggling to adhere to the courts ordered payments.

 

Your problem is you missed a payment....bank glitch or Moneybarn glitch...not sure and there was some doubt about the correct payment date.

 

Well the payment dates are stated on the court order..the court set them...not Moneybarn

 

Now there is no direct instruction anywhere on the internet as to what the creditor must do if a debtor defaults on a suspended return of goods order or what the debtor can do. I would assume the creditor must apply for a Writ of Delivery ?

 

On the N32 it already states the court has granted the ROG order...but suspended providing you adhere.There is nothing in the CPR which advises if the claimant has to submit anything further or whether you can submit anything to stop recovery.

 

The only forms possible are the Time Order

 

Application to stay the recovery N245 or N244 to request an order.

 

If you was dealing with normal company they would be understanding as to the reason and glitches happen and would show a little leniency...but Moneybarn appear not to and are more concerned with recovering their customers cars rather than providing an excellent service.

 

So thats as far as I can advise...hence why I stated ask for a senior member of your local court....Case Manager etc etc...not the receptionist.

[AndyOrch]

And I would definitely not pay any recovery fess..not a penny...just make sure your account is up to date and paid on the courts dates.

[dottymcdotty]

thanks Andy - worried if I don't pay fees they will still take the car.

 

Is there a way I can get the courts to change the date on the order?

I was so overwhelmed at being in court alone I wasn't able to request it at the hearing.

 

Also the recovery agent is continually texting me and threatening to go to my work to find me.

 

Moneybarn have had a payment ,

why do I need to liaise with him?

 

He's very persistent and in view of the website I assume he's trying to recover irrespective so that he gets paid.

 

How do I make him leave me alone?

 

Thanks so much again

Edited July 27, 2018 by dx100uk
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[AndyOrch]

Simply use the link in post #10 to change payment date.....you cant change the court order directly.

 

With regards too recovery fees..they have not recovered the vehicle and no need to recover as the missed payment was due to an error beyond your control.If they had liaised with you they would have saved them the hassle of instructing.

[Ell-enn]

Do you have any security staff at work?

[dottymcdotty]

Ok they're back!!

 

The whole matter is now in the high complaints department being investigated !

Payments are up to date now ( except these fees that I shouldn't even be charged as he hasn't recovered anything!)....

 

I was told the account was on hold as I requested to change the payment date to the 27th and Moneybarn said they could not do this until the complaint had been investigated!

 

I went out today , returned home to find the agent had been back today to get the vehicle!

 

Tried to call Moneybarn to find out what the heck is going on and of course they are shut!

So it seems they are saying one thing on one hand and doing another on the back ground!

 

The anxiety is making me ill, I don't want my neighbours knowing my business, I don't want him turning up to my job!

Is there any way I can tackle this through the courts?

With such little time and cost outstanding , I will not give up the vehicle for them to make more money and leave me heavily out of pocket and no car!

 

Oh and it wouldn't let me change the payment date online either

Please help - it's really starting to affect my health

[dx100uk]

let him turn up at your job and film him on your phone

 

then you can goto the FOS/FCA with it all

MB have been castigated and fined so many times by the relevant authorities that I think you'd get a good result out if them.

[dx100uk]

https://uk.finance.yahoo.com/news/provident-financial-repay-170m-customers-new-mis-selling-scandal-085623813.html

[dottymcdotty]

Please can somebody tell me what to do next?

 

There are no arrears outstanding on the account and despite saying that if the account were brought up to date they would cease recovery , they are now saying they still want to collect the vehicle!

 

Can somebody tell me what I am to do?

 

The complaint has been escalated but they are insisting on still sending agents and are saying I have the vehicle without their consent !

 

Is there anything I can do?

 

Please help ! I really can't afford to lose my car.

Tried to contact courts but nobody willing to give advice!

 

Any good solicitors I can contact?

Thabks

[dx100uk]

has this been 8 weeks since you first complained?

if so why not give the fos a ring?

[dottymcdotty]

no not yet.

Can I put it back through the court do you know?

my immediate priority is to make sure they don't take the car as I rely on it to do my job.

Thanks

[AndyOrch]

Its also 8 weeks they have been threatening to recover.....they could have done it by now.

[dottymcdotty]

They keep trying.

He came last weekend but nobody was home and the vehicle was not accessible.

 

They are sending another agent now as I complained about the conduct of the previous agent.

 

Should I submit a time order to the court?

I'm not sure what I'm asking extra time for as there are no outstanding payments ... only the recovery agents fees!

 

I'm sat here shaking!

A delivery guy just came to the door and now I'm a nervous wreck !

Edited August 28, 2018 by dx100uk
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[dottymcdotty]

It seems that even with the court order they can just take the car back whenever they like - even if there are no arrears on the account ! Debtors don't have a leg to stand on!

[dx100uk]

Unlawful fees

How many times have they now charged this repo fee do you know?