Car Clamped 9:40pm / Return of Goods Order Motonovo/DG Collections

[HelpNeeded321]

This is a very long story and I’m praying someone can help before the morning! 

 

I have a HP finance agreement with Motonovo which is 48% paid (according to their website).

In August 2018, I started to get in arrears on the account.

 

In a nutshell, I had to flee the address I was at due to domestic violence (my ex partner was convicted) and in all honesty, completely buried my head in the sand regarding the agreement. 

 

Move forward to last Friday.

A card was pushed through my door from DG Collections regarding my Motonovo agreement.

I contacted the agent straight away who explained he had a court issued Return of Goods order to tow the vehicle if I could not pay the arrears of £3800 including fees by Tuesday  10th Sept. 

 

Yesterday, I called Motonovo to plead with them, explained everything had been sent to my old address, did not know it was at this stage and requested an extension of 7-14 days to gather the funds (I am awaiting payment of a personal injury claim who have until Monday 16th to pay me).

 

The individual was extremely helpful, advised they would put a hold on enforcement action for 24 hours while they fully reviewed the account and asked me to complete and income and expenditure document (which I did immediately). They said they would call me at some point today to discuss and the phone call was positive. 

I let the enforcement agent know, and they also emailed him. 

 

Roll on the 9:40pm tonight.

By this point I have not heard anything from Motonovo and I have assumed they were still reviewing the account. 

 

I hear someone knocking about outside.

I go out (it’s a shared car park for a number of properties) and the agent is there putting a clamp on my car!

He was ‘nice’ if you will, said nothing is happening at the moment but Motonovo instructed him to do this at 6:15pm. 

 

I explained the conversation I’d had with Motonovo yesterday but he simply said the 24 hours had passed now, and they instructed him at 6:15pm to do this.

I said I was waiting to hear from them and I haven’t been told otherwise.

 

He told me to speak to them first thing in the morning, when they open at 8am. He is currently sat off in his recovery truck somewhere. 

 

I have no idea what to do.

Motonovo have led me to believe everything would be okay, I would get an extension and things would be sorted.

I was left waiting for their call but in the meantime they have been telling the enforcement agent to carry on doing what he’s doing?! 

 

Is there anything I can do in the morning to save my car.

I desperately need it for my work.

I WILL have the funds very soon, but not until Monday.

All I needed was an extension which Motonovo led me to believe was fine yesterday. 

 

Is there a way to go to court quickly to have this reviewed?

Is there a way to get the clamp removed legally in the morning? 

All the paperwork was sent to my old address so I’ve never seen anything to do with this. 

 

I’m sorry if it comes across a little disjointed, I’m typing furiously just to get everything down. 

 

Thank you 

[dx100uk]

DG collections are in most car repo cases NOT BAILIFFS and have zero legal powers to clamp anything.

 

private clamping was outlawed in 2012.

ring him up

give him 5 mins to get his clamp off of YOUR CAR

else you'll be calling the police.

dx

 

[HelpNeeded321]

Can you help me with this at all?

 

On their website it says they are allowed to do this.

 

If I contact him and ask him to take it off - what leg am I quoting? 

 

While he is okay to speak to, he’s currently in his recovery truck and is going to try and take the car tomorrow if I don’t pay! 

 

I am waiting to speak to the police on 101 now. The car is parked on a car park, the way our houses are...we basically back on to a shared car park. I don’t know if this is private or public land. He advised that the return of goods order means he can come onto private property to seize the vehicle? 

[dx100uk]

ask him a direct question.

is he operating under the direct orders of the court as a court appointed bailiff or as a debt collector for motonova 

I suspect the latter.

 

the fact he has a copy of the ROG is immaterial at this stage

 

[HelpNeeded321]

Can I contact him even at this time? If I can get the clamp removed at least I can move it somewhere until I sort this out. If he is working as a debt collector for motonovo, is he not allowed to do this?

[dx100uk]

if he is not operating as a court appointed bailiff he has no powers to do anything.

 

can you scan up this card or anything else he's given you, both sides to ONE MULTIPAGE PDF

read upload

[HelpNeeded321]

I have spoken to him.

He is appointed by Motonovo to apply to clamp?

 

He advised he’s not a private clamper and won’t be removing the clamp.

I have asked police for help, just waiting on them now.

He told me to call the police but he won’t remove the clamp? 

 

The police are advising they won’t get involved as it’s a civil matter.

The lady from the police said there would’ve been small print somewhere in the agreement saying they can clamp on this basis?

[dx100uk]

total garbage.

there is nothing within the consumer credit act that allows private clamping of a car should you fall upon hard times.

 

the ONLY person that can clamp or take you car in this instance is a court appointed bailiff operating under the direct instructions of a court order.

and i'm not even sure if a ROG gives that power either.

 

can you get atleast that card scanned up please.

 

p's it also doesn't look like DG collections as bailiffs are authorised to do this going by their website.

says nothing about ROG's or court orders under that section.

 

sadly we've seen this numerous times before here whereby a car repo guy thinks an ROG in his hand gives him special powers, it DOES NOT.

 

dx

 

 

 

[HelpNeeded321]

I don’t have the card anymore.

 

Once I took the number down, I must have put it in the bin.

 

He’s read my last message asking his powers etc but not replied.

 

He’s insisting he won’t take the clamp off because Motonovo have allowed him to apply it in the first place?

 

I think he’s turned his phone off now. What can I do now at this hour?

[dx100uk]

hes talking bowlarks...

 

tell him games up mate

you are not a bailiff

you are a powerless repo agent 

you have no legal powers whatsoever

and private clamping was outlawed in 2012

 

remove your clamp NOW or I will sue you personally for the distress and loss of earning I will suffer as I cannot get to work in the morning.

 

the fact you have a copy of a court issued return of goods order does NOT give you any magic legal powers whatsoever if you are NOT a certified bailiff operating under the direct orders of the issuing court.

 

you do realise its a criminal offence to impersonate a bailiff ??

and I now have the evidence.....

[HelpNeeded321]

I can’t speak to him - I think he’s turned his phone off and I don’t know where he is. 

[dx100uk]

probably bricking himself.

 

you need to take this the whole way 

I will gather that ofcourse nowhere other than you using it - has the word bailiff been mentioned at all??

 

I am seriously shocked that this guy, who must know his job inside outside, has taken the gamble of clamping a car for a return of goods order he knows gives him no special powers if he has not been certified as a bailiff and directly ordered by a court to do it.

he is in very serious trouble here.

 

dx

 

do you know his name? [don't post it here]

 

go get the card out the bin.

[Shelley181146]

The car park you mentioned where your vehicle is, is there any CCTV from anywhere overlooking the area?

I'd be on the car park early tomorrow, to prevent him from removing the vehicle, like dx has said private clamping was outlawed in 2012 and he's in serious trouble.

 

If you can get a photograph of him (discreetly) and call the company he operates from to tell them you are suing them for acting in this manner.

 

Get onto Moto Novo first thing also and demand to speak to a manager, but keep calm.

 

Then obviously speak to your employer and either explain your situation or request an urgent annual leave day so you get paid, if that's possible?

[dx100uk]

well go photograph your car clamped now

including any ID from the clamp to prove the owner of it.

 

pers i'd be on the phone to DG's at 8am tomorrow

tell them they have 30mins to come remove their illegally used clamp

and you will be suing them and their repo guy 

 

He is appointed by Motonovo to apply to clamp?

that's not what a bailiff would say.

motonova cant appoint anyone to clamp a car.

 

[HelpNeeded321]

Thank you for your advice.

 

I have already requested leave from my employer.

 

The clamp is certainly not being removed tonight. He’s stopped replying to me presumably because he knows I am right. I’m worried his next step will be to just remove the vehicle in the morning? 

 

He told me to contact the finance company first thing (they open at 8am) but when can he remove the car, surely that’s anytime. I’m going to get up around 5:30am in the morning. I’m going to ask my partner to block in my car on the car park so he can’t just take it. 

 

Theres unlikely to be any CCTV but I will check. 

 

As far as I know, he is the director of the company he is operating from! It seems a very small operation And I doubt I’d get anyway. 

 

Tried speaking to police again but just informed it was a civil matter. 

 

Yes I know his name.

 

I assume the finance company has chosen this company because they act in this unlawful way. 

 

I feel sick to be honest. It’s incredibly stressful. I just needed a week or two. I knew I was in arrears, but since I’ve become aware of the severity, I’ve acted quickly and it isn’t good enough it seems. 

 

The thing is - if he removes the clamp in the morning, won’t he just repossess the car instead? He’s come in a recovery truck. He’s parked somewhere on my estate I presume. 

[dx100uk]

what carryout an illegal repossession as well as an illegal clamping.

 

pers i'd let him and film it on your phone.

 

go see if he is registered

 

https://certificatedbailiffs.justice.gov.uk/searchPublic.do?search=

[HelpNeeded321]

I’ve searched for him on the register - nothing there, what does that mean? I can’t believe I just stood there and watched him put on the clamp!

[dx100uk]

[email protected],

[email protected]

 

neither are registered bailiffs.

 

 

[HelpNeeded321]

The second name is the one who’s been tonight. Where do I stand now? Does this mean the notice is not valid?

[dx100uk]

oh it gets better and better......

they are not even regulated to handle debtors money according to the FCA register for DG Collection Services Ltd

 

the only thing that valid is that motonova got a backdoor ROG because you didn't?? update them with your correct address.

 

stuff and all this bunch of COWBOYS can do to you.

I wonder how long this has been going on.

 

I wonder who their registered bailiffs really are then.

they claim to have bailiffs on their website

though ofcourse anyone cam make a website!!

 

pers i'd be getting an angle grinder and taking that illegal clamp off your car.

stuff and all they can do to you if you do.

 

call the police 1st thing in the morning

tell them your car has been illegally clamped

and you WILL be cutting the clamp off at o'clock

and you wish them there to prevent a breach of the peace.

 

oh I do like a good thread before bedtime.

 

dx

 

 

 

[HelpNeeded321]

It’s funny you say that because whenever he’s talked about payment, he’s told me to pay Motonovo, not him. I did wonder why. 

 

Do you fancy coming to Liverpool to help me with this? Haha you’ve been so helpful! 

 

I would consider removing the clamp myself but I don’t want to be arrested.

 

I’m a 28 year old woman, I’m not confrontational enough. 

[Shelley181146]

Apologies, I don't wish to offend but that's what these cowboys rely on. Intimidation so you'll pay up or give up.

 

I am supporting someone in a similar position, so I know what your going through.

[dx100uk]

you or whomever does it can't be arrested for removing a clamp illegally fitted.

clamping by private organisations was outlawed in 2012.

 

as I said, I don't even think a bailiff can clamp a car for an ROG, but that's pretty immaterial now after what we know.

 

has this muppet claimed to you he is a bailiff?

 

 

 

[HelpNeeded321]

He’s never said he’s a bailiff no. When I asked him over the phone he’s mumbled something about being appointed by Motonovo as an enforcement agent and that was it. 

 

I’ve sent him numerous messages now about the legalities of what he’s doing. I informed him that I would be informing the police that the car is illegally clamped and it is in his interests to remove it. 

[dx100uk]

what a …...

no creditor can appoint any member of joe public to be an enforcement agent.

 

FWIW..our spies in the background have sent me this:

 

http://certificatedbailiffs.justice.gov.uk/searchPublic.do?search=DG+Collection+Services+Ltd

he'll be pleased his certification might be being abused or be known to be associated with the possible illegal actions by the directors of the company he is registered too..

 

time to start tightening the screw.

.in the morning go ring the court that issued the ROG, i suspect it was northants bulk court?

Their telephone number is: 0300 123 1056 . ask them if the person that fitted the clamp is a certified enforcement agent.

when they say no . tell them what has happened and that you wish to complain to the highest authority to seek redress against this unlawful clamping and who is this please?

 

record ALL phonecalls and especially film anything the bod latterly does..

I suspect a third party will appear rather promptly and secretly remove the clamp during the night.

 

sorry DG ..you've been DX'd