Moneybarn - Return of Goods Order Suspended By Consent Order

[dx100uk]

you don't need to tax/mot/ins if its off road and sorn'd and that's free.

 

[AndyOrch]

Quote

 please keep the vehicle taxed and insured for the time being, as per the terms and conditions of your finance agreement.

 

 

I would at the least keep the insurance running...wouldnt want it to be stolen or damaged ?

[brassnecked]

Yes SORN offroad, and keep insurance especially if its paid up for rest of  year.

[Foolishly]

Yes ive sorn'd the vehicle it is stored in a secure area. Thanks.

 

The insurance is one part of the area that puzzles me,

 

MB inform me in their correspondence  (what I interpret anyway) I no longer have an interest in the vehicle therefore surely im not obliged to pay 65.00 per month insurance for their benefit

- (just wanting to know if im legally required or obligated to insure,

im not saying im cancelling insurance,

 

I feel its a grey area when im informed on numerous occasions the agreement is terminated so would like to understand my obligation, or if any still remains).

 

 

 

 

[dx100uk]

there is no legal remit that MB can use from their behalf, to make you insure the car.

 

there is some vague wording I expect stating you should look after their asset I expect.

 

 

[Foolishly]

Well now we all seem to be getting slight normality back in our lives (although a long way to still to go) I feel its time to finish what I started with MB and tackle the first hurdle!!

Complaint Time!

Would a complaint have to be sent to MB initially?

I am finishing compiling my detailed list and if someone has some spare time I will upload the list as I feel im gonna need some assistance in actually compliling this detailed complaint, im sure DX will have some valid useful notes already

[Foolishly]

Oh dear I am having issues, not sure of the best opening paragraph to start off my letter of complaint. Its harer than I thought it would be

 

There are so many issues that need addressing, however I dont know if I should be summarising the issues im raising with directions to the relevant points; i.e Comms log page number, CCA, Documentation received (Letters etc), or going for full indept complaint.

 

Any direction appreciated.

[dx100uk]

just list the various categories the complaint encompasses

don't go into specifics, keep them guessing..

 

 

[Foolishly]

Ive amended my draft complaint again and again dont want it to be an essay, as suggested, im keeping them guessing as much as possible.

 

It has dawned on me I dont think I ever asked this question, as this does throw a big spanner at MB.

 

The agreement started 17/11/16 for 60 mths, but only payable over 59 mths. The end date stated 17/12/2021.

 

MB informed me the consent order payment date of 16th of every month was to keep in line with the agreement payment dates!!

 

So am I correct in assuming the actual first payment date was 17/1/17 then a further 58 payments are required to take it to end payment date 17/11/2021.

 

In effect month 1 is deferred (17/12/16) although they dont actually tell you that but the figures and dates on the paperwork infer that to be the case. Otherwise the agreement would be over paid by one month if 60 payments were made.

 

[dx100uk]

not important.

 

dx

[Foolishly]

Ok, 

 

I thought it may of helped as their DN stated 2 installments in arrears when it was issued on 10/2/17, but it would infact only have been 1 installment overdue 17/01/17.

 

I will keep to what I already know and stop over thinking further issues.

 

 

[dx100uk]

a dn can be issued even on one default payment.

[Foolishly]

Update, advice please; 

 

Im receiving messages from Burlington

(I believe are part of Marstons) (Emails, text messages, phone calls)

They are asking me to urgently contact them regarding Moneybarn and to do so within 24hrs

 

Not sure if I should email them back or what would anyone suggest? 

 

Thanks

Edited July 23, 2020 by Foolishly
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[dx100uk]

they are simply powerless repo guys with a car transporter.

they have zero legal powers.

[Foolishly]

Ok thanks,  I wont bother replying.

 

Should I leave the car on the roadside to be collected, post keys off and amend the V5, or hangfire until everything is resolved one way or another?

 

[dx100uk]

don't put it on the road 

it's not insured, taxed, mot'd

and still in your name.

 

actually re reading the thread....you don't want the car and it's one less thing to worry about.

 

if you wish contact burlingtons and arrange they collect it?

 

gets the court order out of your hair too.

then its just arguing with MB to do a VT 

[Foolishly]

I thought  I couldnt VT as its already terminated.

[dx100uk]

as said MB makeup their own rules

 

IMHO MB were wrong to refuse VT in 1st place

[dx100uk]

and?

[Foolishly]

Good evening, 

 

Sorry I have not been active online for numerous weeks unfortunately I have been seriously ill not fully recovered, but well enough now to continue on with my fight against MB. 

 

Will update my thread in full tomorrow along with  my prepared letter

[theoldrouge]

No need for a long winded complaint 

Simply base it on MB breaches of

FCA Prin6 and 7

 

https://www.fca.org.uk/publication/final-notices/moneybarn-limited-2020.pdf

 

You can flesh it out later at the FOS

[dx100uk]

blimey hello TOR..

[theoldrouge]

Evening dx, certainly been a while 

 

Reading the SAR , the OP needs to relate the email from MB dated8/3/17 to the four serious findings in the FCA report in the link above and base their initial complaint on that .(PRIN 6 and 7)

Having told MB that the OP was away from their house at the time of DN issue, I can't see a DN argument bearing much fruit

[Foolishly]

No the info on comms log isn't quite right,

 

I hadn't worked since Xmas due to bereavement but I wasn't staying in Somerset since the Xmas.

The comms log is very deceitful indeed and after I had finished evaluating it fully I came to the conclusion MB are very manipulative, they lie, cheat and twist the truth, but it only takes the slightest slip up and everything crumbles.

 

You see in order for MB to have taken any further steps they have to be entitled to take them.

So when they lie and try to deceive the truth prevails , so to send a copy of a Default Sums Notice dated 15/1/17 that doesn't exist on the log anywhere and Ive never had the original and then fail to include one in the SAR that is listed on the log as generated on 18/1/17 (not had this one either)  doesn't the consequence of that 1 act prevent them from any further action until the notices are served 

 

86 (e) Notice of default sums

(5)If the creditor or owner fails to give the debtor or hirer the notice under this section within the period mentioned in subsection (2), he shall not be entitled to enforce the agreement until the notice is given to the debtor or hirer.

 

 

 

But I am reducing the complaint and sticking to basics

[Foolishly]

Morning 

I am sorry for this unacceptable delay on my behalf, I never thought a simple complaint letter would cause me so much stress along with anger towards this company

I only have this weekend to get things rolling.

 

I should be back at hospital Monday (as long as they don't cancel on me again) and won't be upto much for a while from then on

 

So please bare with me,

I need to condense my letter as it's totally long winded and off in points, I'm taking the advice given for prin 6 and 7, but was also considering prin 9, 

 

Trust is also a major part for me here: 

yes I did trust they had my interests and I totally relied on their advice and judgement, which I now know was all given with their own interest in mind not mine and for their own benefit and gains, no to assist me in any way.