Moneybarn - Return of Goods Order Suspended By Consent Order

[dx100uk]

correct, I was confusing you with another longterm case here. slight revision needed

 

though we did mention it earlier in the thread.

 

I also notice they quoted a settlement figure of £7036.02 in dec 17.

 

can you give me that spreadsheet you did

I need to check MB's payment record.

 

the one that lists the payment due dates in one column

and what/when you actually paid anything to date please

[Foolishly]

Yes i will send you that spreadsheey.  They did send me a settlement figure, however they ignored my request to provide me with any breakdown or calculations to show how they came to the figure quoted.

 

Just checking the spreadsheet and I have missed off 1 payment 11/12/19 £140.00.

Do you want me to update it an resend the spreadsheet, if so by PM or upload to this post. Thanks.

[dx100uk]

can you poss make  the SS easier to comprehend and encompass the whole account from day 1?

 

columns from l to r

date

debit

credit

outstanding bal

 

the way its constructed now makes understanding it crap. you seems to be ok with excel.

 

 

 

 

 

 

[Foolishly]

Yes I can do that shall I upload it or PM  you it first

[dx100uk]

better to have things in the open

 

dx

[Foolishly]

Money%20B%20Pay%20Record.xlsx

 

I hope thats better to undetstand 

Thanks

 

23 minutes ago, Foolishly said:

** Understand

 

 

[dx100uk]

[brassnecked]

This might be of use Moneybarn getting tolchocked

https://www.dailymail.co.uk/money/markets/article-8013573/Moneybarn-pays-30m-customers-failing-treat-fairly.html

[Foolishly]

Feel as though MB are doing whatever they please in order to bully and harrass me to so I end up vulnerable and just submit to their way!!

 

Two new letters received yesterday 19/02/20 when I arived home, typical MB one is dated 15/2/20, posted on the 17th 2nd class, obviously they feel its not of great importance to the customer to know what ridiculous charges they are applying!!

Uploaded both letters

 

Just to confirm I have not sent the email yet, its in my draft until you get the time and chance to revise the part mentioned earlier post.

 

Thanks

Rec MB 190220_compressed.pdf MB REC 190220 L2_compressed.pdf

[dx100uk]

2 std letters which are pointless as they CANNOT charge the recover fee.

 

I was looking through my information 

found this 

 

read it..

 

its you too a tee and the same date period.

 

 

Letter.pdf

[Foolishly]

OMG that is my situation to a T ! 

It also relates to the post brassnecked contributed earlier.

 

There is only one difference I note

'they terminated their own contract, where as MB terminated mine on me'

however I wasn't ever considered by MB as a candidate from the investigation even though I was, and still am very much the product of their wrong doings and mistreatment, Im now wondering why I was overlooked or even how they came to evaluate each case. 

 

Even though they claim to have put things right, they continued and still do treat existing customers wrong and haven't learnt a thing.

 

There are so many different options available to terminate an agreement as I have found out from advice given and what Ive read on this forum,  the choice of options and implications of each, should freely be given by the lender.

 

I was given an option by MB it was according to them my only option, and that option suited them while it placed me the customer with further financial burden. The consent order was portrayed as my only option, it was falsly described as nothing major, quite similar to the original agreement but had to be done as they could not re-instate the first one (funny how they couldnt

re-instate it, but did and do still refer to the original agreements terms as being in force and fully effective, how?  if it no longer existed as terminated). 

 

There was never a discussion about the additional figures they imposed each month I was just sent the order after speaking to the recovery/asset team over the phone.

 

They make you believe you should be grateful youve been accepted by them and offerred a consent order.

I couldnt even say what they determined as my disposible income as they never gave any other information or paperwork,

just the order which stated an increase to my monthly amount by approx £75.

 

I was pressured to return the signed order or face a further increase in fees (dont think they allowed me any breathing space to fully consider what I was signing into) and led to believe It was better done this way than to attend a court hearing. 

Im so annoyed, but I will have my day!!

 

Anybody in this situation or a similar one, needs to know the options available arn't as limited as you may have been informed, dont be pushed or bullied as you could my mistakes and end up in the same situation as me or worse!

 

I would like to thank all who constantly work on this site and contribute every day, as your knowledge, help and advice is how I can sleep each night!  

 

I would also especially like to thank DX for the advice, help and support that continues to flow each and every day,

Thank you so much.

 

I want to donate to the site on a regular basis although its only going to be a token amount

im hoping it will go to ensuring the future of the site. 

 

Is there a way I can set up a re-occurring payment.

 

Its the only way to show my appreciation of the help im receiving plus, no doubt once this current situation is over Ill be faced with another one !!

.

 

 

 

 

 

[BankFodder]

Thanks very much indeed for your offer of a donation. Of course we are very happy to receive it.

if you want to make a recurring donation I understand that there is a check box somewhere on the donation page. However you want to keep an eye on it because it could keep on running a long time if you forget about it and you may end up giving as far more than you ever imagined.

 

We won't complain of course!     But you do need to be careful.

 

[Foolishly]

Sorry not been active last week or so, been taking care of a relative. 

 

Loved the post dx regarding Moneybarn, been considering whether it is a good idea to redraft the ending on that email from your previous post to start the process of a complaint, they seem to have gone quiet and I have not received any court documents etc.

 

 

[Foolishly]

Moneybarn have managed to get permission to transfer to the high court for return if goods order,

how us that possible as I thought it wasnt allowed as the agreement is regulated under the consumer credit act? 

 

Court order attached

 

What can I now do?

Dont think ill sleep tonight, feel sick, cant do with anymore drama outside the house or worse if they come to work.

So they could turn up tomorrow morning oh dear !!

 

M Barn High Court Transfer-Compressed.pdf

[dx100uk]

calm down and read it properly and slowly...

 

its giving permission to cross courts NOT that IS and not that MB have already done so which is not a very quick process.

 

I would write to the court

Writs of Delivery cannot be granted on agreements covered by and issued under the consumer credit act 1974

please advise

 

send it by email to the clerk of the court use the court order number as the title.

[brassnecked]

Moneybarn are digging themselves a really big hole to fall into here.

[Foolishly]

Ive calmed down,  had a coffee and read it again, sometimes these court orders arent written for everybody to understand.

 

It so annoying how MB are still trading.

I would like to see the info they put on their application to the court and what underhanded tactics and lies they are using now.

 

I do feel slightly harrased and considerably bullied by MB, something they seem to do on a regular basis, especially to their more vulunerable customers.

 

Sending my email to the court and will post reply when they advise me.

 

Should I be thinking about applying to set aside the original judgement/order.

Some courts only see urgent counter applications etc by appointment and the order states apply within 7 days or am I jumping ahead.

 

 

[dx100uk]

its you simply querying the orderto ascertain if it should have been made..

...

again don't jump the gun.

an HCEO has no more powers than any other.

no forced entry to private property etc etc even if it does go thru...

 

I know it sounds weird because 'bailiff' strikes fear..but, they really have little more power to do anything than that powerless Anglia repo guy in all truth.

 

go back and read the writ of delivery stuff earlier.

[AndyOrch]

It can be transferred up to the High Court to enforce.....the Cca1974 is irrelevant.to the ROGO.

 

http://www.legislation.gov.uk/ukpga/1984/28/section/42

 

Andy

[dx100uk]

On 09/01/2020 at 10:30, Andyorch said:

Which of course they do not have in this claim because its suspended by the Consent Order

and thank you for the above info re cross to high court clarification too.

 

so back to the spreadsheet 

it needs work doing to it.

 

the following cols need to be added:

date of and actual amount of when each payment was due 

actual balance of account at the each above date

level of actual arrears inc charge to that date

 

from the consent order date going fwd:

balance at time of consent order

each payment date and amount due from schedule inc on the consent order

date each payment made since consent order

arrears from the consent order sum at each entry after the consent order.

 

dx

 

[Foolishly]

Ok will do this today.

 

So going forward will I be applying to set aside the judgement?

 

How long does the transfer to the high court take approx, please?

 

At least I managed to sleep, so can consentrate on what needs to be done.

Thanks

[AndyOrch]

You had 7 days to vary or set a side the order dated 23rd Feb...have to get a move on.

[Foolishly]

I only got the order in the post yesterday posted from the court on sent on 28/2/20.

 

Im not even sure what the best action to follow on with.

 

Interim Should I apply to vary the judgement to include the 551.00 I originally queried in the monthly payments and carry on if judge allows. Then start the complaint process with MB.

Or

Apply to set aside the whole judgement and it will give me my time in court to state my case in full

 

Any ideas or advice appreciated, at this  pressing time.

[Foolishly]

I think that I should apply to set aside the judgement as well as starting the process of complaining to MB. 

 

I do not want a judgement against me and surely it can be set aside as I never got the chance to defend MB initial claim due to being pushed into the consent order,  which was initiated through the DN they never actually sent (which I can prove they never sent) which did included unlawful charges and then they terminated the contract earlier than the alleged DN should have allowed.

 

They have increased the account balance by £360.00 (checked online)

I presume that they will have included this inflated figure on the application sent to the court when the only amount that was and has been in dispute with them was £551.00.

 

However after checking some of their requests sent over arrears I have been correct to query the different amounts they alleged as it apears their requests on occassion were incorrect and they have give me misleading and conflicting information every step of the way.

 

to set aside I need a reason that satisfies the court

 

I have read up on this and (i could be wrong) I found the following:-

 

Cases where the court may set aside or vary judgment entered under Part 12 

The court must set aside^(GL) a judgment entered under Part 12 if judgment was wrongly entered because–

(a) in the case of a judgment in default of an acknowledgment of service, any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied;

(b) in the case of a judgment in default of a defence, any of the conditions in rule 12.3(2) and 12.3(3) was not satisfied; or

(c) the whole of the claim was satisfied before judgment was entered

Cases where the court may set aside or vary judgment entered under Part 12

13.3

(1) In any other case, the court may set aside^(GL) or vary a judgment entered under Part 12 if –

(a) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why –

(i) the judgment should be set aside or varied; or

(ii) the defendant should be allowed to defend the claim.

(2) In considering whether to set aside^(GL) or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.

(Rule 3.1(3) provides that the court may attach conditions when it makes an order)

(Article 19(4) of the Service Regulation (which has the same meaning as in rule 6.31(e)) applies to applications to appeal a judgment in default when the time limit for appealing has expired.)

Think my situation must apply to one of the reasons.

Any thoughts??

 

[dx100uk]

more tempted to go for the throat..void the whole agreement under the CCA due to termination on an invalid DN which inc charges for it being issued.

cause that's where it's going to end up...

 

dx