Moneybarn - Return of Goods Order Suspended By Consent Order

[dx100uk]

just to make it perfectly clear as you keep mentioning them and the explanation is not sinking in as above you have lumped them in with bailiffs...

 

recovery agents with a flatbed or WHY

IS NOT AND NEVER CAN BE A BAILIFF 

recovery agents won't and will NEVER be instructed by a court to operate upon their behalf

recovery agents have absolutely zero legal powers to take any car at anytime without your consent which you do not ever have to give.

the only time a recovery agent might grab a car is if it is left on a public road but in YOUR case they can't its subject to suspended return of goods order covered by consent order. that would result in a court bailiff being appointed should you fail the meet the consent order, but again you would be notified first. even then bailiff cant just rockup in this instance and take your car.

 

now it would help you and another posters that came here at 2am if you could scan up your consent order and the court ROG too please

[Foolishly]

Wow, thanks for your advice and information its defo been taken on board this time.

I will scan up my info when I get home soon.

 

I feel a bit at ease now you have confirmed things.

 

The order does in fact state

'Money claim adjoured generally with liberty to restore'

 

Which I assume means (please do not shout at me if im incorrect in my assumption, but any correction will be duly noted) the claim is suspended but the claimant (Moneybarn) can submit an application for another hearing to reinstate the claim. 

 

 

consent order 3pgs -1-compressed.pdf

 

 

[dx100uk]

no as already explained ..

they would have to return to court and request enforcement by COURT BAILLIFFS if you broke the consent order you signed to suspend the delivery of goods judgement.

 

but ofcourse we now know,

the default notice they used to terminate the agreement [that you never saw] was invalid

- it included an £18 fee for its issuance - that is against sec 87 CCA rules,

 

it also looks like they

-terminated within the 14 calendar days they must give to allow you rectify whatever they claim you need to pay on the DN, - again against sec 87 CCA rules.

 

at present you are awaiting anymore evidence of any more bullet holds in their feet to complete the picture - via an sar.

 

the consent order was for £14,140.48, they cant add anything more, they cant add any charges for anything more

 

i would use an excel spreadsheet and its calendar mode.

insert a date column listing the 16th of each month from 16/5/17 for 54 months.

then insert the required payment for each month from the court judgement list

then insert your payments on the dates you made them.

 

that way you can check if they are correct and there ARE arrears, if that is true, then you have an increased risk of line 2 of this post.

 

however as moneybarn make up their own rules

and i doubt are stupid enough to return to court as i suspect they know their DN/termination was unlawful

will keep quiet.

 

...

 

i must say and more to warn future readers - never ever blindly agree to a consent order or a voluntary surrender go for a voluntary termination if you don't want the car or a time order if you do.

DONT fall for the kind of rubbish moneybarn write regarding costs etc don't get had blind. 

 

 

 

[Foolishly]

Thanks so much I appreciate your advice and thankfull for your knowledge,  i will create the spreadsheet as advised and wait to receive my data.

 

Im so glad you said they terminated early as I had a feeling things were not right when they hadnt even sent a notice regarding the termination, up until that point I had contacted them they then sent the letter to inform me.

 

As soon as I get the info off them ill be back on with news.

[dx100uk]

Well until we get the proof of the DN Data

[Foolishly]

OH dear,

I have been incorrectly checking my payments to the balance owing on my account 

 

after creating the spreadsheet you recommemded it was apparent and I could see exactly what the confusion has been on my part but with Moneybarn playing a part too.

 

The statement they send out has payments that I have made in total at the bottom, but it also includes the £530.00 I paid in Feb & Mar of the year they terminated.

 

when they added their charges and court costs to the account the starting balance is slightly short of the original balance,

this is what has been misleading to me and I truly believed I was up to date, due to the statement giving me the impression of I was up to date.  

 

I do not understand why Moneybarn could not explain the account and show me how or why I am £551.00 behind when I have queried this constantly with them for 12 months plus.

 

I dont know what my next move is,

they said I have to pay the arrears by 12/12/19, but theres no chance I can,

Ive got this month due on 16/12/19 to pay which will be paid. 

 

They have until 24/12/19 to comply with my SAR request.

 

Should I email them to explain why I have been incorrectly calculating my account?

Should I offer to pay the arrears off with my monthly payment?

 

[dx100uk]

pers i'd let this run

moneybarn must return to court to restore the ROG and you'll be informed if they do.

then the fun begins

[Foolishly]

Ok ill sit tight and wait,  thanks

 

[Foolishly]

I received my data today, very confusing at first glance

some abbreviations I don’t understand

but one thing is clear they have no regards for court orders and do fabricate a lot of the information.

 

They enclosed a default sums notice dated 15/01/17 in connection it states to a failed DD on 10/01/17 (no direct debit was in place) it appears not to have been generated on the system as there is nothing on the account for this date.

on 18/01/17 an entry was made to state – A default sums letter has been printed.

 

8/02/17  activity – letter /  subject – Notice of Arrears Sums / comments – A notice of arrears letter has been printed.

This was the letter received with 2 copies of the same letter and post marked 10/02/17.

state there had been a lot of failed attempts by phone to contact me (none im aware of).

 

On 10/2/17 an entry states activity- system generated /subject-Default Notice served charge/comments-Default notice served has incurred a charge of £18.

The next  entry: activity- system generated/subject-attempted to contact customer/comments-contact attempt 1(collections)

Default Notice/notes- arrears £535.64 letter sent: 10/02/17 letter expiry date: 02/03/17.

I will upload a copy of the default notice they have enclosed alleging it was sent on 10/02/17, but this is the first time I have seen it and I unless Im reading it wrong they mention a charge raised for the default but no mention of a letter printed etc.

It Includes added charges but the worse of it is the charges it includes were not even sent to until around 15th as there is an entry dated 15/02/17 activity- letter/ subject- default sums letter/comments- a default sums letter has been printed.

The copy enclosed is dated 15/02/17 and is in relation to the following default sum been charged

 

10/02/17 DN served £18

08/02/17 DD failure £18

On 2/3/17 they terminated the agreement but never sent me any termination notice, this was only received after my call to them on 8/3/17, which I made due to emailing them on 7th at 0731am, regarding the account, and receiving a reply at 1650pm to give them a call as my contract was terminated.

 

In the meantime that day they had sent their recovery agents my details to recover the vehicle.

They even lied in the paperwork sent to the recovery agents.

I think maybe the fee for recovery agent is lurking on my account, when they cancelled the recovery it states on the note to them, bill this account £300.

claim to have issued a DN which also includes additional charges but the entry informs the charges were notified on a letter after the DN issued.

 

They termination 2/3/17, which even if I had received the DN is earlier than the 14 days requirement.

I had also made an £80 payment on the morning of 2/3/17.

 

[dx100uk]

scan up the letters

the comms log

the statements

 

to 3 sep multipage PDFS

 

dx

 

[Foolishly]

Sorry for delay 

 

The comns log is over 70 pages, shall I scan the relevant pages for the interim and if you need any further parts I can scan them later on 

 

The comms log is in total 71 pages, do you need all of it or just the relevant parts to begin with

 

Whatever would be the better option for you, if im sending it direct to you, do I have to blank everything out

 

 

 

 

statement_4_pages-12-15_23-18-55_(1).pdf letters.pdf

[dx100uk]

opps looks like DN is defective and void

 

statements too please also I pager is missing?

 

comms log??

I must be able to READ IT!!

 

sorry everypage of the comms log and so I can read it.

if you want ....forget redacting ...just copy it to me via a secure email ad I can give or PM it to me.

 

if we are going in for the kill and potentially getting you £8332 + ether the car or monetary value back too , lets do it properly.

 

dx

 

[dx100uk]

scan at a low resolution...

150dpi or less

a page of A4 text shouldn't be anything more than 50kb most not 1.5Mb each page.

have a break for now 

i'm awaiting an answer from someone about this anyway. 

 

it might be the tomlin trumps the agreement anyway.

 

[Foolishly]

Surely the consent order should not trump it though, as that was only agreed to on the back end of the action by Moneybarn  in the first instance, issuing the DN, adding extra charges that were incorrect and terminating earlier than the stated 14 days, that would also of been in their favour and beneficial to them to terminate. 

 

I will scan up the com log today for you, do I need to blank everything off thats referenced to myself?

 

Thank you for your advice and help its greatly appreciated , I will donate to the site this week regardless of the outcome to my issue, as its the least I could do this sites helped me with other issues.

[dx100uk]

question needs answering - do you want to keep the car?

one option might be VT here whereby all you'll pay is upto 50% mark but ofcourse you'll have to hand it back.

just musing for the minute.

 

need that comms log

unredated to my PM is ok

I can redact easy.

 

[Foolishly]

Well it would be nice to keep the car and if possible get something back from them if they've done me wrong. 

If VT was the only option in getting rid of Moneybarn as ive paid over 50% would they refund difference, but wouldnt they be entitled to the rest under the consent order..

 

In process of scanning the log 

 

Thanks 

[dx100uk]

you would negotiate vt and wipe everything else out.

no you wouldn't get anything back.

 

scan the agreement up sometime too. we don't know why its a conditional sale agreement, there could be a clause you have not met.

but then again, neither have they abided by it re the DN!! and unlawful termination

 

i'm not 100% sure you've physically met the 50% mark which will be on the back of the agreement.

 

 

[Foolishly]

The comms log is all scanned but the file is to big, and ive compressed a version of it but the quality is then rubbish, so if you dont mind waiting till tomorrow as ive emailed the pdf to myself at work to sort it out in morning first thing then ill send it o you, want to make sure the pages are all readable as I have scanned them using a mobile scanner, not the quickest way took me a few hours, but gets the job done. Im uploading the agreement in the meantime.

 

Sorry for delay 

comms+statements.pdf MB conditional sales Agreement.pdf DN.pdf letters.pdf

[dx100uk]

all docs are now in above post

the comms log is very interesting indeed

needs further sifting thru

but its shows how MB totally forget VT when offering options upon what the customer can do.

which if the only complaint to be made to whomever needs doing.

 

 

 

more later 

 

 

dx

[Foolishly]

Thank you very much for your time its appreciated

[dx100uk]

can I have by PM pages 9-11

the file you sent under that label was a rpt of 12-14.

 

dx

 

[Foolishly]

Good afternoon, I know you are busy on this site and there are indeed more urgent pressing posts that need your immediate attention but I was wondering if there is anything I should be pressing on with or should have already done with regards to my MB issue?

Have you any preliminary thoughts, issues found or any ideas on how to proceed from reading the Comms log and other docs?

 

Thanking you in advance.

 

 

 

 

[dx100uk]

haven't forgotten this

was working on it last night.

 

dx

 

[Foolishly]

Thanks, I wasnt hassling at all I just dont want you to think I was sitting back doing nothing, I appreciate the time you find to work on this issue and will be ready for any input I am advised to proceed with.

 

Thanks again.

[dx100uk]

the info is a goldmine and not only useful to you.

it's really appalling how they have treated customers and some of the disclosures in you comms log reveal what we've known all along...it's obviously hysterick at moneybarn.