Moneybarn - Return of Goods Order Suspended By Consent Order

[Foolishly]

Sounds like a good idea to me, thanks.

Can you tell me what I need to do.

 

What shall I do about the court? 

It does worry me! .....However I think im more concerned about that Anglia repo guy turning up for a 3rd time with a HCEO in tow, a new found pair of balls and a smug attitude of I told you so (pardon the phrase).

 

I will upload the amended spreadsheet later on today. 

 

The comment in my previous post relating to the increased account, I probably right to assume the £360 relates to the DN recently received for the recovery agent £260 and £100 court fee for their recent application sent to the court. These charges added to my account are included in the figure quoted on the recent notice of sums in arreas (£6351.24) so that notice is misleading.

 

 

 

[brassnecked]

I'd go for DX's line as that invalid charge for the DN kills their pig for them, time to go on the offensive rather than defensive.  How can they then use the High Court to uphold something void under  CCA.

[AndyOrch]

Have you actually got a CCJ...?...I am talking about setting a side the latest order re  High Court /HCEO......re the return of goods order....have you actually breached the Consent Order I can't recall?

[dx100uk]

no no CCJ

and if I remember rightly>>???

the consent order has been 'wrong' since day one andy and they've accepted payment right through until today.

suddenly MB added the £408 ROGO legal fee to the order sum, even though they wrote to foolishly as part of the Consent saying if you sign this consent we will not have to charge you the extra the £408.

 

MB haven't a clue what they are doing and make up their own rules or interpret rules as they think fit.

 

edit: they lied..CO below

 

consent order.pdf

[Foolishly]

6 hours ago, Andyorch said:

Have you actually got a CCJ...?...I am talking about setting a side the latest order re  High Court /HCEO......re the return of goods order....have you actually breached the Consent Order I can't recall?

 

Sorry I have not really understood tbe order.

 

Presumed it was a judgement thats why I am confused at what their doing .

I dont know how to set aside a writ of delivery never even heard of one till recently.

 

On what grounds would it be set aside? 

What would I be asking to vary, I may sound thick for asking so much, but these situations are how these companies bully, manipulate and scare people like me into agreeing to what they offer as a solution in the first place.

 

So I apologise for my lack of legal knowledge.

[brassnecked]

 I would say that MB have been really nasty with you, and unfair, I think this High Court malarkey could be their undoing in your case, DX is working away on it and I'm sure there will be something that puts them in a bad position in your case, try not to stress and look logically at it, they have done a dodgy Default that is invalid, most of what they have done since then digs them into a deeper hole.

[dx100uk]

amended spreadsheet please.

 

dx

 

[AndyOrch]

Quote

I dont know how to  set aside a writ of delivery never even heard of one till recently.

 

On what grounds would it be set aside? 

 

You use the n244 as in a normal set a side but you quote the order be set a side dated xxxxxxx the claimant be denied transferring the the Return of Goods Order to the High Court as it be agreed by Consent Order dated in the xxxx County Court that this action be stayed.That the defendant has not defaulted the Consent Order schedule and the claimant is not entitled to enforce by Writ of  Deliverence .

[Foolishly]

Sending today, do you think it requires a hearing or  not.

 

On 04/03/2020 at 18:51, dx100uk said:

amended spreadsheet please.

 

dx

 

Will upload as soon as I get into work its on my desktop will double check it first

 

Im not sue if Ive previously uploaded this letter or not.  I did email them to explain their figures with a breakdown but I was ignored.

 

MBB.pdf

[brassnecked]

I've removed the images you posted directly and converted the first to PDF, it's not wise to post images directly to a post, as anyone can see them.

[AndyOrch]

Initially  no but the court will advise if so

[Foolishly]

4 hours ago, brassnecked said:

I've removed the images you posted directly and converted the first to PDF, it's not wise to post images directly to a post, as anyone can see them.

Thank you, I never noticed, it was bit of a rushed upload.

[Foolishly]

If you had chance to look over spreadsheet and it is ok, let me know and I will upload it, thanks

 

Im currently looking over the comms list and making some notes over my findings as there is a lot that does not correspond to the info I have.

 

They do try their best to cover up mistakes, lies and nasty actions, blaming admin errors for unauthorised use of bank account info taking from applications to set up DD, especially when there shows no record relating to the action performed on the account.

 

Omg they even stoop low to miss inform how their payment system works and updates account the next day, when its clear it is and can be updated same day payment made?

[dx100uk]

account for where this £551.00 comes from please?

in the spready (arrears col please}

 

and no they cant add any repo ++fees to the balance of the CO, 

[Foolishly]

I cant account for it within the spreadsheet itself, I can only explain how and why its occurred.

 

It has been generated due to being misinformed by MB on each statement issued.

The statement figures issued show the total amount of payments they had received on the account, which I only noted when first advised to create a payment sheet.

 

The statement along with any sums in arrears notices issued should only have referred to the consent order (for what I owed and what I had paid).

 

MB did ignore any of my requests for well over 12 months worth of queries, to explain the difference to what they stated as owing to what it gave the impression of owing in the statement.

they chased and stated arrears owed, I asked for a statement to cross check payments.

I always came up with the same end answer, and presume till shown otherwise they again had it wrong (as they had on countless times), I always notified them of my findings and asked them to explain, they chose to ignore my queries. 

Example shown on spreadsheet;

- Payments shown on statement up to 11/09/19 £8098.32 – this figure includes the £530 in total payments made prior to 16/05/17 (consent order).

 

Where as from the 16/05/17 (consent order in place) to 11/09/19 the total payments made in fact £7568.32, difference being £530.00 and I have obviously picked up a slight addition of £24 along the way.

The Comms log does show the countless occasions that they contacted to inform of arrears due and breaches in the court order, when the notes entered on the previous day or earlier that same day contradict the action and arrears amount.  

 

You can from these entries see clear issues with the system and procedures in place and lack of direct communication of the employees or just a mere disregard to its customers overall.  

 

One example if this is shown on page 56&57 of comms log;

Dated 31/07/17 19:12:02pm – sms sent chasing arrears of £194.34.
Dated 09/08/17 09:40:09am - payment received £150.
Dated 09/08/17 12:55:12pm – sms sent chasing arrears again for £194.34.

I have also over time queried previous incorrect pursuant of arrears they chased stating misleading incorrect amounts, but again all attempts ignored.
 

Within the comms log as far as I can establish as well as the DN being defective, they never did print a DN letter out (so I never did receive one), along with the TN letter (they only posted the TN once I spoke with MB 08/03/17).

 

They only make notes manually on the entries to allege the letters were sent, the system did generated a DN charge on 10/2/17. Above that the next entry has the date manually entered in the notes to show a letter was posted on 10/2/17 and the date the letter expires, but no system generated DN letter printed.

 

 

The log does show other generated letters were printed. 

There was a generated letter printed on 8/2/17 which was the default sums letter, however it fails to mention a further default sums printed 8/2/17 which they sent out post marked for the 10/02/17 so received 2 of the same (sneaky).

 

The contact made to instruct the first agents 7/3/17 totally portrays lies to the agents, claiming I had made no contact at all when they had received an email on 7/3/17 at 07:30am and they answered it on 7/03/17 at 16:50pm.

 

They also state I had paid £300 by bank transfer, the truth is I paid £80 02/03/17 and £300 on 7/3/17 both online card payments.

 

It makes me wonder just how low they stooped when they contacted Anglia recoveries in Jan 2020 to request their attempt to recover.

I note that they claim to try and contact by telephone on numerous occasions starting mostly from 10/2/17 up to and inc 2/3/17, not once does it however refer to sending an email at this time, however they did communicate by email according to the Log on  8/2/17.

 

Seems strange they would not attempt every means of contact possible in light if the situation.

The finance agreement itself ensures you agree to them using electronic communications even to serve notices.

I note on 8/3/17 the arrears prior to agreeing the CO state at £246.46??

Not sure how arrears are accrued on a terminated agreement, but I presume one thing is for sure the account charges they imposed shouldn’t be included in a balance sought for arrears.

The entry on 17/11/16 which details MB altering the payment due date to start on 1/1/17,  now casts a doubt over the 2 months alleged arrears at the DN date 10/2/17, more like 1 month plus 10 days?....
 

Looking at the settlement offer they gave in december 17 (uploaded in post 134) am I right in assuming the figure quoted was wrong and it should have been determined using the 50% termination option and also take into account the payments already received?

[dx100uk]

keep going..

1mts 2 days but does that encompass 2 payment due dates?

 

from my notes:

consent order for £14,140.38

 

payments:

 

     £315.50 by 01  payment  due 16/05/2017                                        

   £3469.62 by 11 payments of £315.42 - 16/06/17 to 16/04/2018

£10,355.26 by 43 payments of £240.62 - 16/05/18 to 16/12/2020

 

make a new spreadsheet from consent date forget previous to that

don't input payments as a minus figure

make a last arrears column. showing arrears at each payment due  date.

 

[dx100uk]

you were in arrears on the scheduled consent ordered payments

 

 

 

corrected spreadsheet.xlsx

[Foolishly]

I knew there was a difference as mentioned in post 33.

The way you have laid it out I understand perfectly, why MB dont account it correctly or explain is beyond me.

 

Ive always used their figures to check the acc

[dx100uk]

nothing wrong with the MB accounting

unless you have proof by bank statements that there are additional payments made that don't show..?

[Foolishly]

I was referring to how they portray the account to the customer in that they arent giving me a true picture of the account at hand, in relation to the consent order so had not helped the situation, it should be simplified and only refer to the CO. The statements issued have no mention of current arrears, amount due under the CO, payments made against CO, current arrears on CO.  The arrears figure they do list is the same figure quoted for the overall outstanding balance.

 

I note from the various sums in arrears notices the figures quoted for sums in arrears are just taken from the statement running balances ,  should they not be in line CO balance.

 

Its also apparent they have given me false, incorrect and totally misleading information in relation to the account balance as I had initially thought. One example is that on 01/06/18 @ 16:32pm I received an email in reply to my question asking them to explain a figure they allege I owed them for arrears. The reply stated 

 

We have received your payment of £240.00 and your account is now fully up to date.

 Your next payment of £240.82 is due on 16/06/2018.

 

How can that be information be correct if according to the arrears spreadsheet created it has arrears showing on 1/6/18.

More......

17/07/18 arrears stated £381.64 far higher figure than it actually was on this date.

On 22/8/18 @ 14:30pm they state arrears owing  of £450.00. Then when asked to confirm this figure, they reply on 04/09/18 @ 14:51pm with an arrears figure owing of £350.00 less than previously stated and no transactions on account in between to account for the difference.  My only logical explanation would be that MB could also have used the same figures I have used on occasion to calculate any arrears etc, giving an end false result to the customer.

 

There are so many discrepancies popping up (and not just relating to the balances) upon inspection im listing each finding and will upload a detailed sheet, asap.

[dx100uk]

yes it all adds up

but 

the CO was made and the judge agreed to the payment schedule.

 

the true facts are you were/are in arrears.

its for you to ensure you were meeting the payments on time, regardless to the OC not being able to work things out.

 

now i'm not saying this is any excuse for what MB has and is doing

but the facts are MB are CORRECT you are in arrears in regard to the court agreed consent order payment schedule and remain so.

 

again I state this does not mean they are entitled to do what they are doing and if they are allowed too, but, be very careful you do not ever state on the N244 that you are not in arrears as the reason for a set aside.

 

dx

 

[Foolishly]

Hi I hope all are ok in these trying times.

I assume most of us will be in the same situation with employment etc.

 

I am obviously still intending to follow through my complaint against MB. However I do have to make decisions as I have found myself as will most people at this time left with a reduced minimal income, with all I can forsee is an impending up hill struggle for the forceable future.

 

So not sure what, if any options I still have, I am presuming VT was only an option earlier on and a court CO excludes that option, 

 

I cant continue to honour the finance payments and cant even begin to estimate any timescales I would be again financially stable.

 

im trapped but want, no I need to get rid of MB all together, they can have the car and I learned the expensive way!

 

MB recently emailed a letter (which is copied below) in it they refer to a recent termination, this is the part that is very confusing as its my understanding they terminated the agreement in March 17.

 

They also inform they have placed the collections on hold, but then heres the cheeky bit, they do however want me to store the vehicle, tax and insure it, as per the agreement (the agreement that they already state was terminated) until they continue with their collection process;

 

Due to the Coronavirus (COVID-19) pandemic currently affecting the UK and wider world, we’re emailing to update you on what will now happen regarding the collection of your vehicle, following the termination of your Moneybarn vehicle finance agreement.

 

We won’t be collecting the vehicle at this time

Normally, following termination of your agreement, we would arrange for an inspection and collection of the vehicle. However because of the current Government imposed lockdown, we are not currently able to collect vehicles until further notice.

 

What will happen next?

Nothing for the moment. We’ll contact you as soon as there are any developments in the Government’s stance and we know that we’re able to resume our normal vehicle collection activity.

 

What do you need to do?

We would appreciate if you can please keep the vehicle taxed and insured for the time being, as per the terms and conditions of your finance agreement.

We hope this information is helpful and clear. Please stay safe and well, and if you need to contact us with any questions, please check out the latest information on the best way to reach us at

 

So they state termination, then expect to lay down instructions for me to comply with as per my finance agreement T&Cs. To look after the vehicle that they do intend to continue collection of.

 

If everythings terminated and in other words I have no right to the vehicle, Im not prepared to comply with instructions in line with a non existent agreement (I dont have to) and have a good mind to charge them storage.

 

However l would much rather just leave the car, send off V5 to change ownership and be done with it and concentrate on getting justice for their mistreatment. 

 

[dx100uk]

Are you or do you wish to use the vehicle until we succeed with arguing and you succeed in VT?

[Foolishly]

No im not, and wont be using the vehicle at all needed to drastically overhaul my expenditure.

[brassnecked]

Can you park it off road, so you can SORN, that would be an option