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    • Sorry but this was your first mistake. "Sold as seen" makes a huge difference. It means that the person you are dealing with can't be trusted and it is immediately a huge red flag and a massive hint you should walk away. I think we are still waiting for you to tell us who the dealer is. I agree with my site team colleague @dx100uk that you will have to bring a court claim in respect of this. However the problem will be one of enforcement of the judgement. It is beyond doubt that you will win your case – but I'm afraid that enforcing judgements can be very tricky especially with disreputable car dealers and this certainly seems to be a disreputable car dealer in that they are trying to fob you off with "sold as seen" and also within 24 hours they are already refusing to acknowledge your consumer rights. You should realise that although you are protected by the consumer rights act – and of course, everyone it is, enforcing those rights can be a different matter. For future reference, when you go to see a vehicle, it's a big mistake to feel comfortable and smug because you feel that you are protected by consumer rights. You need to be looking at the business that you are dealing with to ask yourself that if they decide to betray your trust, will you then be able to force them to step up to the mark. This is the constant difficulty that we have on this forum when dealing with second-hand car dealers. When you tell us they were the dealer then we may be to give you more information.   If you do eventually get the dealer to promise to give you your money back, then you need to be very careful about how you manage it. It would probably be most unwise to put the dealer into possession of the car and the money at the same time. You will need to organise a proper exchange. Whatever the situation, you going to need to move quickly and very assertively. This probably means that you should issue a letter of claim almost immediately – but let us have a look at the enforcement problem first. What is the name of the dealer? Also, I notice that you say that you are going back on a motorway. Does this mean that you live some long distance away from them?  
    • The CMA has today published further detail on its views on the law in relation to cancellations and refunds during the pandemic. View the full article
    • Thanks for the company information. Still waiting for the quotation to be posted up. I'm not sure what the problem is or why there should be delay.   It's very concerning that this person has had the money paid directly into his wife's account. I wonder if the tax people know.  
    • It's going to be fairly straightforward. You are going to have sent a letter of claim – which won't have any effect but it will satisfy the pre-action protocol and then you will have to issue a small claim in the County Court. After that, they will probably push you to pay the application fee so that there is a hearing. They will do this to test your resolve. You should realise that Hermes will spend more money on trying to defeat you than the value of the claim. This is why they are bullies. You will be offered mediation – although previously I've tried to discourage this, there seems to be a new climate this kind of thing and so you should probably agree to mediation. Hermes will see this as an opportunity to try and knock you down from your claim and to settle without getting a judgement against them. You should be aware that Hermes are very anxious to avoid a judgement on such questions as the validity of their insurance and their liability for lost parcels – and also to expose this false claim that they are not liable and that it is Packlink. I hope you are now familiar with the main principles of the Contracts (Rights of Third Parties) Act 1999 and that you understand that the liability is with Hermes. You should also understand that when you go into mediation, you have the whip hand because Hermes absolutely do not want to have their position tested in court and to find a judgement against them for a case of such little value. For this reason it will be completely unnecessary to give into them and you should make it clear to the mediator – who will pass this onto Hermes – that you will settle for not a Penny less than the value of your claim and that if Hermes insist, you are happy to go to court where you will obtain a judgement against them which will expose them and you will then make sure that the judgement is widely published over social media. This is your leverage against them. Of course, we would be happier if it went to court and there was a judgement because then we could start to dismantle this Hermes scam – but your interest will be served simply by getting your money as quickly as possible without the hassle of a court hearing. Before we go on though, I'm very curious about the parcel shop. You say that you got a parcel shop ticket. Please could you post it up here in PDF format. I think that we are now seeing Hermes going to new depths of claim denial because they are now saying that although you went to a Hermes shop at and obtained a Hermes tracking receipt, and even though you had insurance, they still deny liability and they still say that your argument is with Packlink. This is really quite amazing and it certainly seems fairly clear to me that by requiring you to go to Hermes parcel shop, they have effectively taken Packlink out of the equation anyway. Frankly I don't understand why you went along with Packlink and then went on to deal directly with Hermes at one of the parcel shops. I don't quite understand this chain of dealing. You been advised by somebody else here to contact them by email. By all means do it if you want – but I will be amazed if it comes to anything. I think that you're much better off sending a letter of claim to Hermes – and also if you want send a copy to the email you've been given above so that the person whose name, I presume, is eoin.kennell will understand that you have just set out your stall and that there is a deadline in place and they understand the consequences of ignoring you. Only send the letter of claim if you are prepared to go through with your threats. Given 14 days and then on day 15 click of the claim. In the intervening period make sure that you understand the steps in taking a County Court claim. Register with the MoneyClaim online website and start drafting your claim. You can save your work as you go. Post a draft of the particulars of claim you're going to use here so that we can check it. You don't need to say very much. It does need to be in any formal language. Keep it very short. Give you a basic. Give them a few details as possible – simply doubt the very basic facts of your claim. Post it here and we will see. Hermes is turning into a disreputable company which uses disreputable means to deprive their legitimate customers of legitimate compensation for their parcels which have been lost as a result of Hermes huge inefficiency. It's a real shame that there aren't some regulatory authorities to take them in hand. They deserve a substantial fine
    • Yup! you've guessed it right dx. it'll be done today... 1st class stamp and free proof of postage it is. Merci beaucoup.  
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Moneybarn VT advice **SUCCESSFUL**


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Hi All

 

I have a car financed with Moneybarn that I am looking to VT and just want some advice.

 

I have almost paid 50%, and I know I can VT before I have paid 50%, however the next payment in September would take me over the 50% anyway.

 

Question number 1 - if I VT now, the money I would have to pay to make the 50% would be less than what I would pay if I waited until the September payment was made.

 

Obviously on that basis I VT, but reading peoples experience on the forum I'm concerned Moneybarn will want the money to make up the 50% and then demand the next contractual payment so are they legally able to do this as I thought statute law has precedent over contract law so as long as I pay the 50% they can't demand the next payment is that correct?

 

Next question - the car is due a service, so do I get it serviced before VT'ing the car as no doubt Moneybarn would then make a claim I had not taken reasonable care of the goods.

 

To put this in context I have invoices proving I have had the car repaired and serviced in the time I have owned it (2.5 years and have paid a LOT in maintenance), but sods law needs a service now - I just resent paying £££'s for a service on a car I'm not going to see again.

 

Thanks for any advice!

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No just vt

No need for next payment nor service

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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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ok follow the other MB VT threads here

don't forget

they cant charge you any extras!!

 

don't forget to take loads of pixs and video esp under the car and body work

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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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coming home this morning and the engine management light has come on.

Took it straight to a garage and showing an intermittent fault that may be due to a sensor.

 

Does this affect the VT process?

Could Moneybarn refuse to accept the car with this issue?

Don't really want to cough up more money for a car I've already sent a VT letter for.

Edited by dx100uk
swearing spacing
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nope not your problem

1. it shouldnt go wrong anyway [re consumer rights act]

2. its their car their problem.

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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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Update:

 

 

Received the following from Moneybarn, already they are trying to take the position they can claim for loss if there is not a full service schedule.

 

 

 

Dear xxxxxxx

AGREEMENT NUMBER xxxxxxxx

REGISTRATION NUMBER xxxxxxxxxx

We received your notice of termination for the above agreement on xxxx August 2018.

Your contact details will now be passed to a company called BCA (British Car Auctions) who will contact you directly to arrange the inspection and collection of the vehicle, which we will agree to carry out free of charge. Please note they will be only able to inspect and collect between the hours of 9am until 5pm weekdays.

BCA will now contact you within the next 2 working days to arrange the appointment, and the appointment must be carried out within a period of 7 days from them contacting you. Failure to action this will mean the appointment of recovery agents, the cost of which would be billed to your account.

If you wish to contact BCA you can phone them on 0333 2414 208.

Please note that you must keep the vehicle fully taxed and insured until it has been returned.

You are required to also return the following items.

1. The Registration Document know as a V5

2. Service History Book / With FULL service record to Manufacturers schedule

3. MOT certificate if applicable

4. Spare keys

5. Sat Nav Disc if applicable

Please note that if you fail to return any of the above items, we will charge you for costs incurred in replacing them. Please be advised we are able to claim from you any loss we suffer as a result of your failure to take reasonable care of the vehicle and service the car to the manufacturer’s recommendations.

IMPORTANT NOTE: REMOVAL OF PERSONAL DATA

Please ensure you remove all evidence of personal data which may be left in the vehicle or on electronic devices fitted to the vehicle prior to return.

I look forward to hearing from you shortly. You may contact me on 0330 555 1520, or email me on assetmanagement@moneybarn.com.

Yours sincerely

 

 

The Asset Management Team

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Thats mb for ya...

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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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  • 2 weeks later...

Car was collected last week, V5 has been sent to Moneybarn, have proof of postage.

 

Had a bit of luck as engine management light had gone out again so no worries about that.

Guy who collected the car was impressed with its condition commented on how quiet the engine was, especially for its age and mileage.

Only a couple of chips and scratches, and some marks on alloys but nothing beyond reasonable for age.

 

Will see now how/if MB will try to stiff me over.

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so all fair W&T then

this could be fund.

 

I was reading a thread on a motoring forum [don't know which] due the last 3.5weeks I've been on a touring trip that the mrs had found...

 

MB wanted to charge this guy £38 for missing numberplate fixing as he had put hid personalised number plate on the car and re-reg'd, then put it back just before he Vt'd it.

the car was brand new at purchase and he had only had it 4mts when he received a very large inheritance.

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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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  • 2 weeks later...

Been over two weeks since car was returned, heard nothing from Moneybarn yet.

 

I've been keeping an eye on the BCA website and haven't seen it come up for sale there yet either.

 

If/when it does appear on BCA website I'll be keeping an eye on the auction date because if Moneybarn try to claim money for a 'polish' I'll be contesting that as car was sparkling when it was picked up (with photos to prove), so if it was sat in a yard for over 2 weeks then that'd be their problem if it needed cleaning afterwards.

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they cant stop fretting.

 

the CCA clearly states this

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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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  • 2 weeks later...

Finally receive letter from MB stating that final balance is in process of being calculated.

 

 

I've checked BCA website, vehicle is now listed, and is apparently a 'grade 2' on their condition report (1 being best, 5 being worst), so can't see on this basis they could claim nothing worse than fair wear and tear.

 

 

For amusement, this is what they state regards the final balance:

 

 

"In accordance with the terms and conditions of your agreement, various charges may be applied to your account before the final balance can be established. These may include:

 

  • Replacement V5 admin fee
  • Replacement keys fee
  • Personalized plate retention fee
  • Repairs or refurbishment fee
  • Loss of value (if you have not had the vehicle serviced to the manufacturers recommendation this will reduce the resale value of the vehicle)

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nope under the CCA they cant claim any of those...

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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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Another letter from Moneybarn today.

 

 

They are pleased to inform me that it has been determined that no refurbishment will be required on the vehicle and it is now being released for sale at auction.

 

 

They also recommend I contact them to discuss interim payments to reduce the current account balance.

 

 

What is interesting is that they show the current account balance as the sum of the balance outstanding as if the finance agreement is still in place.

 

 

They then state another figure that they call 'Half rule obligation at this stage' which is less than one months payment (and obviously what I owe under S100 of CCA).

 

 

Its a poorly worded letter as it implies I still owe the outstanding balance of the finance (not the half rule obligation) unless they are operating on the basis that this is a VS not a VT.

 

 

I'll update when I get more letters!

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  • 1 month later...

Hi All

 

 

Just an update and closure on this one.

 

 

Letter from Moneybarn today, only outstanding amount was the remaining finance to take up to the 50%. No silly deductions for condition, polishing, missing service history, nothing like that.

 

 

I know this is different to some others experience so perhaps I've been lucky but from my experience use the template letter provided on here for VT, and take LOTS of photos to prove condition of the car when you hand it back.

 

 

Good luck to anyone else going through the VT process!

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hey thanks CB for returning and letting us know.

 

glad to help..

 

dx

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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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