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 

[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? 

[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?

[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?

[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?

[HelpNeeded321]

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

[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. 

[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!

[HelpNeeded321]

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

[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. 

[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. 

[HelpNeeded321]

I have also now established that someone needs an SIA vehicle immobiliser licence to clamp a car...I’ve searched the register and can’t find him. Is that also correct?

Edited September 12, 2019 by HelpNeeded321

[HelpNeeded321]

Okay, so an update.

 

he’s not a certificated bailiff.

 

he has a ‘repossession order’ I.E a document put together by Motonovo and a ‘judgement for delivery of goods’. Dated 10 May 2019.

 

Police are on their way when someone is available. 

 

Theres also a ‘field collections report’ which says there’s a zero account balance and zero arrears. 

 

He had one copy of each document for himself. No copies for me. I now have his copy so he has no paperwork. 

[HelpNeeded321]

I just thought I’d update you.

 

The car has gone. There was confusion over the money owed - I and the agent thought they were collecting the arrears and costs (approx £3800). Turns out, it was the the full settlement including legal fees and enforcement costs - over £10,000. Not a chance I could afford this.

 

I’m still not convinced what happened today was legal. The three pieces of paperwork I have either state I owe nothing or just the court costs of £493. There is errors on the paperwork.

 

It concluded that because the finance company technically own the car - they can instruct basically anyone to apply a clamp/remove the vehicle. I was told this by the police. I’m not sure if it’s correct.

 

I feel completely defeated. Thankfully I am getting my insurance payout soon so can get a little runaround but god knows how I’ll cope until then. 

[HelpNeeded321]

15 hours ago, Will Goodfellow said:

 

How much is the car worth? You are still liable for the £10,000+ minus whatever the car sells for at auction.

 

I realise this. The car is probably worth around £7k so will sell for less at auction.

 

I am also contacting a solicitor about what happened as I am convinced their actions were illegal. If it gets anywhere, I can potentially look at reducing that bill significantly. 

 

Will update with what happens.

[HelpNeeded321]

17 hours ago, Shelley181146 said:

This sounds like a nightmare! Obviously it will be a huge inconvenience for you temporarily but for an agent to turn up with paperwork which states you owe either nothing or £493.00 and the finance company actually want in excess of £10k that is some very creative accounting by somebody............

If you're that way inclined, I would certainly follow it up with someone and see if what has happened was legal and get charges removed to reduce the debt if nothing else.

 

How and more to the point who concluded that the finance company can send anyone to repossess the vehicle, the police are not experts that's for sure!!! They just want a quiet life and get out of the situation.

 

I have been trying to liaise with professional debt agencies about a very similar situation but they keep you on hold for over an hour, then go through all the income and expenditure and then you never quite get to the point that you called them about. That's not independent advice, it gets us no where.

 

I'm sorry you have gone through this experience and hope you can draw a line under it and move forward.

 

I know exactly what you mean - I spoke to two charities yesterday both of which struggled to understand the complexity of the situation and the legalities.

 

I had to basically listen to the police as I was at risk of being arrested. I sat in the car, the agent rang the police and had them tell me what he was doing was legal. They aren’t the experts but I’d rather not thrown in the cells overnight.