Jump to content

 

BankFodder BankFodder


Sign in to follow this  
dramaqueen12

Moneybarn and Suspended Return of Goods Order

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2204 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hey

 

I was just reading what people have said about a bailif court order how long would this take to put into place?

 

Last year in January 2012 I went to court regarding delivery of goods order with Moneybarn :( as I already paid more than half of the car off. We came to an agreement of around £300 a month and the order was suspended. It did note if I fell behind they could then reposses the car.

 

Late this year in December I had fell behind but not all fault of my own they then informed me a few days ago that I was in arrears even though it took them 5 months to acknowledge this. I replied and spoke on the phone to a very pushy lady that I can pay most of the arrears by this Friday, she refused this offer and said if I don't pay it all by the 4pm today my car would go up for repossession. I rang the local court and filled out a N245 form which will be handed in tomorrow am as advised.

 

My other question is this how long will it take for them to collect my car? Can they still do this even though I am not asking for very long to pay off what I owe and keeping along with my contractual payments. I am hoping the judge will agree and grant me the extra couple of weeks to do this.

 

Please reply asap if you can. I HAVE LEFT THE CAR ON private property for now so hoping this will stop anyone taking it in the meantime.

 

HCEOs said:
For info, some HCEOs are undertaking this work now also.

 

Hey

 

I was just reading what people have said about a bailif court order how long would this take to put into place?

 

Last year in January 2012 I went to court regarding delivery of goods order with Moneybarn :( as I already paid more than half of the car off. We came to an agreement of around £300 a month and the order was suspended. It did note if I fell behind they could then reposses the car.

 

Late this year in December I had fell behind but not all fault of my own they then informed me a few days ago that I was in arrears even though it took them 5 months to acknowledge this. I replied and spoke on the phone to a very pushy lady that I can pay most of the arrears by this Friday, she refused this offer and said if I don't pay it all by the 4pm today my car would go up for repossession. I rang the local court and filled out a N245 form which will be handed in tomorrow am as advised.

 

My other question is this how long will it take for them to collect my car? Can they still do this even though I am not asking for very long to pay off what I owe and keeping along with my contractual payments. I am hoping the judge will agree and grant me the extra couple of weeks to do this.

 

Please reply asap if you can. I HAVE LEFT THE CAR ON private property for now so hoping this will stop anyone taking it in the meantime.

Share this post


Link to post
Share on other sites

Bailiffs can take the car from anywhere they can get to it. You need t o park it a good 5-10 min walk away so they have very little chance of finding it.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites
Please reply asap if you can. I HAVE LEFT THE CAR ON private property for now so hoping this will stop anyone taking it in the meantime.

 

Hi there,

 

If they've got a court order to recover the vehicle they may well still take it from private property if they can find it. Of course you may be able to sue for trespass, key problem is that the damages award would be tiny.

Share this post


Link to post
Share on other sites
Hi there,

 

If they've got a court order to recover the vehicle they may well still take it from private property if they can find it. Of course you may be able to sue for trespass, key problem is that the damages award would be tiny.

 

If they've got a court order there would be no trespass.

Share this post


Link to post
Share on other sites
If they've got a court order there would be no trespass.

 

Does a return of goods order allow entry to premises? I thought a court order to enter 'premises' was different from a standard return of goods order? Do correct me if I'm wrong. I was under the belief that the folks coming to collect the vehicles genrally were not acting as 'bailiffs'. Ta.

Share this post


Link to post
Share on other sites

It wouldn't allow the Bailiff to force entry into a residential property (without leave of the court) but access to land to take a vehicle is no issue. Entry could also be forced to non-residential premises also.

Share this post


Link to post
Share on other sites
It wouldn't allow the Bailiff to force entry into a residential property (without leave of the court) but access to land to take a vehicle is no issue. Entry could also be forced to non-residential premises also.

 

Here you go, it's s92 I'm referring to:

 

92 Recovery of possession of goods or land.E+W+S+N.I..

 

(1)Except under an order of the court, the creditor or owner shall not be entitled to enter any premises to take possession of goods subject to a regulated hire-purchase agreement, regulated conditional sale agreement or regulated consumer hire agreement. .

(2)At any time when the debtor is in breach of a regulated conditional sale agreement relating to land, the creditor is entitled to recover possession of the land from the debtor, or any person claiming under him, on an order of the court only. .

(3)An entry in contravention of subsection (1) or (2) is actionable as a breach of statutory duty.

 

So my question once more is - isn't this order different from a standard return of goods order?

Share this post


Link to post
Share on other sites

Just for completeness a return order is under s133 - and I think it's at this stage that the OP may be at. Which would not allow for the car to be taken from premises.

Share this post


Link to post
Share on other sites

If an 'Order for Delivery' has been granted then the Bailiff will have the rights I have posted above.

 

It will depend what type of order has been granted thus far.

Share this post


Link to post
Share on other sites

I've found it the answer.

 

Where a debtor breaches the agreement the creditor is able to recover their goods. They don't generally need a bailiff to do this - even where more than 1/3 has been paid and the goods are 'protected' as per s90. The return of goods order as per s133 simply instructs the debtor to return the goods - or allows a creditor to fetch them, if they can.

 

*If* a creditor then applies for the warrant of delivery a bailiff is then used, which will have greater powers as already mentioned.

 

The process which is followed is Practice Direction 7B - CPR rule 7.9; warrant of deliveries are under CCR order 26. [if anyone is interested].

Share this post


Link to post
Share on other sites

Oh I see where you were coming from now. Yep, the above makes sense to me, many thanks.

Share this post


Link to post
Share on other sites
Oh I see where you were coming from now. Yep, the above makes sense to me, many thanks.

 

No worries, it was cool for me to have a look anyway - I've not had to deal with one of those in yonks!

Share this post


Link to post
Share on other sites
Sign in to follow this  

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...