Moneybarn - Return of Goods Order Suspended By Consent Order

[dx100uk]

car on your private drive too?

[brassnecked]

Problem is the police are showing as  a chocolate fireguard, the company has unlawfully clamped, so police should at least get them to cease and desist. Can you film them with your phone if they say anything else when you tell them what DX has just posted, regarding their lack of authority quote it verbatim and film them. won't look good for them

[dx100uk]

is the car on your private property...

[Foolishly]

Thank you both for your replies. Sorry for the long delay in replying.

 

Since my last post, the situation changed.

The recovery agent called the police himself insinuating there had been threats made towards himself and his son.

 

The police did arrive upon his call, claiming they were there to merely keep the peace and see what the allegations made were all about.

 

No threats were made I did however state the obvious to him which I don’t call threatening behaviour more like an eye for an eye in my book  – “As you have removed my wheel trim and placed it under my vehicle to fix your clamp against my car to prevent me from freely going about my day, all totally without my consent, I will now have to arrange for your clamp to be removed from my car as you are unwilling to do so”.

 

I was asked to call the client (Moneybarn) although I was reluctant to do so, but in front of the police officer in attendance a comment was directed towards me regarding ‘not attempting to co-operate to try and resolve situation amicably’.

 

I called them (although I would rather not have) I was placed on hold for 20 mins why they looked into the account.

 

After which I was told:

 

They had every legal right to take the vehicle – I replied “Wrong”

 

I can sit there all day, but they will be recovering that vehicle today – I replied “I’m not moving”

 

Once the vehicle is removed, they will discuss things further are agree how I am to pay the recovery fees involved

– I replied “the cars not being recovered, and I won’t be agreeing to any repayment of your incurred recovery fees and this is the second time they have visited me address”.

 

I asked on what grounds do they have the legal authority to remove the car, they claim to have full legal authority from the consent order.

 

That’s the point where I may have snapped and demanded an explanation to the overall handling of my account.

I did want them to explain how they determined what course of action to take and when to pursue this.

I  just wanted to see if I they slipped up to me and gave me an inkling if they were hiding something.

 

This is were I found it quite interesting, so:

She informs nothing prior to the consent order is of any relevance including payments

everything relates to the point of the consent order and as I agreed to the consent order the order was sealed at the court.

I said it's all confusing this and I am still not quite sure how everything took place.

 

She mentioned a default notice,

I said as I did not receive any notice what was this about,

it was explained they issued a default notice as I was in arrears,

the notice gave me 21 days to pay the amount it stated to prevent further action.

As I never complied with the DN the contract was terminated.

 

We had multiple conversations, (then she quickly changed the sentence) we tried to speak with you on multiple occasions but you never once answered. However, when we did have contact in March, we did give you the option to agree to a consent order, you agreed to the consent order and it was set in place.

 

I reminded her that the consent order was not in place until end of April and prior to the order in March I had made 3 months payments.

 

I was informed the contract could not be reinstated and the only option available to me was to speak with your legal team and agree to a consent order, so in effect you gave me no choice but to agree.

 

I asked her when was the contract terminated, she replied 02/03/2017,

I told her that confuses me totally with the 21 days you informed me of earlier is that date correct.

 

At this point she told me she was not discussing the details of the account prior to the consent order any further we are past that point; they are taking the car whether I am in it or not. Then said Good Luck with it all.  

 

Not the best way to end a call in such a patronising tone, but as I questioned what she had just said and told her I hope they have recorded this call for whatever purpose, she replied “Have a good day, Bye” and ended the call.

 

Roughly 15 mins later the recovery agent accompanied by a police officer (obviously because I am such a threat, he needs protecting)  came to the car to let me know, that he has just spoken to the office as the client as contacted them,

 

first they had told Anglia to leave the clamp on the car and leave the property,

return later on and then remove the car as quickly as they possible could,

 

but now they have told him to leave the clamp on and go,

but to let me know they are applying to the court to enforce the judgment,

 

I can attend if I want to,

they will are also be requesting for a penal order be attached to the order,

which he informs me in the nicest of possible ways will enable me to be dragged out of the vehicle if I make further attempts to not comply with the court order, but only if they win in court.

 

He then made the feeble attempt to sound reasonable, and said but I don’t care what they said about the clamp I am removing now,

I am sure once I have gone you will remove it anyway and throw it in a river.

 

He removed the clamp,

waited for at least ten minutes then drove away,

followed by the police car that was positioned outside my house.

 

At this point I had been in my car for 2 hrs 20 mins,

all I wanted to do was get indoors,

warm up and have a little weep as I was still shaking from the experience and because I was cold.

 

When they arrived at 0740 am my car was not up the drive (although it had been all night and will be again from now one with gates locked) as I had just got back from dropping my granddaughter off at home, and was nipping back in to quickly get changed to then take my youngest daughter to school as she had to be there early - weekend trip away

 

I must have just closed my door when they sneaked up outside the house I only notice the recovery vehicle by chance as I went out the back to the bin.

 

So, at the point of intervening with the recovery agents and placing myself in the vehicle I only had on my PJ’s, no coat as I had just taken it off and a pair of socks!!

 

I was in the car for over 2 hrs (freezing) and had to make other arrangements for my daughter to get to school who was sobbing with the whole situation. I was also extremely late arriving at work.

 

The experience has left me concerned my children will be faced with the brunt of humiliating comments and remarks which will no doubt make them direct blame on to me, causing prolonged stress and upset.

 

Moneybarn are a despicable company to deal with and I am of the opinion it is the employees who seem to think working in a recovery department gives them some form of power to do what they want, after all its an employee who does the initiating and instructing of third parties to act on their behalf.

 

Now I’m thinking, what’s their next plan,

do I believe the recovery agent or have they said all they did to make me feel at ease and drop my guard,

while they scheme and plan to again attempt recovery the vehicle,

possible third time lucky.

[dx100uk]

WELL DONE!!

 

 

did you film any of it.

 

moneybarn KNOW they are talking BS

the recovery agents KNOWS he has no legal rights WHATSOEVER if the car is on private property.

 

 

[Foolishly]

I couldn't go back in to the house to get my phone charger as wasn't leaving the car under any circumstances had no-one else to take over my hot seat, they again took me totally by surprise this morning, and the battery died just after I had finished the totally waste of time call to Moneybarn, wish I had filmed it or had recorded the conversations at least they can't deny what's  written in black and white by their own hand. 

 

Do you think they will do as they say this time, and apply to the court? They said they intended to do this last time, but again they tried sneaky underhanded tactics instead.

 

Oh, hang on i've just realised Ive got the wifi security camera, on the outside of the house (why have I not thought about that earlier) not sure if its captured anything, but will let you know when I check it later.

 

[brassnecked]

does the camera do sound as well?

[Foolishly]

yes but cant check it till I get home from work as unable to log on it through my phone at  the minute 

[brassnecked]

Make sure that car is off the road tonight and every time you are at home now.

[dx100uk]

I wanted to construct a serious complaint about moneybarn and anglia weeks ago 

but the sar is just so full of info I never finished cataloguing it all for my notes.

 

 

 

 

[brassnecked]

It's that serious then, flagrant disregard of process and what is reasonable.  Todays shenanigans won't help them billing OP for the  failed recovery etc.

[Foolishly]

The car is parked on drive and will keep it there 

I appreciate all your time and help on this situation

 

Thanks

[brassnecked]

I'm sure DX will be looking at a way to tolchock Moneybarn and Anglia, you have provided golden information, it needs careful collation and considedration in respect of where they have been naughty and breached regulations. If I were them I would be worried.  They ate too greedy and stupid for that though, they rely on people meekly accepting all they throw at them.

[Foolishly]

Yes ive got great admiraton for the work DX is doing cant thank DX or this site enough its amazing all the help and support you all do and give, Thank you 

[dx100uk]

here isa full redacted Comms log and statements

more to follow soon.

 

 

 

uploaded_to_cag_comms+statements_(1).pdf

[Foolishly]

Good Evening,

 

Well I returned home tonight to a lovely letter received from Moneybarn dated 12/02/20.

 

I have uploaded the letter,

I dont understand what they are proposing to do,

the letter gives me the impression that they are just applying to enforce the judgement without a hearing.

 

Feeling very stressed and worried at the minute, not sure where or what action if any I can pursue.

I have an awful feeling they are planning underhanded tactis with the court and I wont get to appear before the judge and the bailiffs will appear and take the car.

 

Any advice please or if possible explain what the letter is all about, thanks

20.pdf

 

Would anyone please be able to advise me if I am going to receive a visit anytime from a high court enforcement officer who I will have to hand the car car to, I dont think I can stomach the drama,

 

I keep reading their letter,

I dont understand why there isnt going to be a court hearing as I presumed there would be

 

surely I should be given the chance to speak and see what evidence they've provided as to why they allege the order has not been complied to. 

 

Dont think ill sleep tonight !!

[dx100uk]

We refer you to the Order of Deputy District Judge Colvln sitting at the County Court ill • on the 10
May 2017 stating that the we are entitled to Immediate possession of the vehicle should you fail to comply
with the terms of the consent order

 

urm .. i don't think the consent order nor the judge stated anything of the sort.!!

 

the original agreement is regulated under the consumer credit act....

thus  ...the high court nor any high court enforcement agents....can ever be involved.

 

more soon...

 

 

 

[dx100uk]

On 07/02/2020 at 16:22, Foolishly said:

Oh, hang on i've just realised Ive got the wifi security camera, on the outside of the house (why have I not thought about that earlier) not sure if its captured anything, but will let you know when I check it later.

 

did it and any audio?

 

more soon...

 

[dx100uk]

send an email: [email protected]

 

subject line: for the attention of Jacquellne Tallack-Harrop re agreement no .xxxxx

 

i thank you for your letter dated 20th February 2020, the contents of which are duly noted and logged in my very extensive journal concerning our mutual conditional sales agreement regulated under the consumer credit act 1974.

 

I also thank you for including a repeat copy of the consent order which i signed some two years ago, when i should have known better. This was during a period of acute personal issues which dictated and still do, the majority of my day to day attention.

 

Moneybarns continued harassment is, quite frankly, getting beyond a joke, and has now gone on long enough without my redress.

 

Why do Moneybarn always make up their own consumer credit act rules?

 

As one example, you Terminated my agreement following a default notice dated 10-02-2017 which does not comply to the relevant sections of the consumer credit act.

 

i am now fully conversant with the implications the above has upon the agreement. However, and against my better judgement, you are hereby offered one final chance to retain some of the financial gain you currently posess by honouring my previous Voluntary Termination letter.

 

i look forward to your acceptance of my offer.

 

your faithfully

 

P.S 

Deputy District Judge Colvin sitting at the County Court on the 10 May 2017 did not state Moneybarn are entitled to Immediate possession of said vehicle should i fail to comply with the terms of the consent order.

 

RE: The High Court Threat....

Writs of Delivery cannot be granted on agreements under the consumer credit act.
And neither can you apply for a penal order, this you lead Anglia Recovery (who informed me in the nicest possible way what he thought of the way you treat them) to believe gave them powers to enable them to drag me out of the vehicle. This nor a section 62 gives a mere repo agent any powers to act as Bailiffs....

[Foolishly]

9 hours ago, dx100uk said:

 

did it and any audio?

 

more soon...

 

Ive removed the card which it records to and given it to a family member on Thursday to see what they can get from it as im having trouble accessing the info (I would recommend anyone who has wifi cameras to use the cloud storage instead of memory cards) this is the first time I ever had to look at the recordings  

[brassnecked]

Better to have one linked to a DVR with a hard drive recording it.  I would imaging the memory card will work similar to a dashcam, and record until full, then overwrite the earlier files.

[dx100uk]

Very easy to do yourself on a pc with free software.

 

Dx

[Foolishly]

Prepared and ready to send, but I have sent you a PM, DX

so holding off sending so you can read it and when you get a chance let me know what your thoughts on it are, 

 

 thanks for all you have and are still doing for me,

I hope all this will go towards helping others in the future.

[Foolishly]

12 minutes ago, brassnecked said:

Better to have one linked to a DVR with a hard drive recording it.  I would imaging the memory card will work similar to a dashcam, and record until full, then overwrite the earlier files.

Yes thats what I thought so removed it to prevent the overwrite

[Foolishly]

The part towards the end that states;

i am now fully conversant with the implications the above has upon the agreement. However, and against my better judgement, you are hereby offered one final chance to retain some of the financial gain you currently posess by honouring my previous Voluntary Termination letter.

i look forward to your acceptance of my offer.

 

I dont believe I  ever sent them a VT letter, they never discussed or offerred me any alternative other than the consent order (as far as I am aware).  Should I still state so in the letter?

 

Thanks