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Foolishly

Moneybarn - Return of Goods Order Suspended By Consent Order

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Hi I have just received this letter this morning, not sure how they can instruct and agent and has me very concerned. The last thing I need are recovery agents attending my home or work even if they are not legally allowed to do so, the obviously will be wrongly informed by MB so believe they are correct to attend.

 

Any suggestions?

MB - Instruct Agents.pdf

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Sit tight DX will likely be along soon, but looking at your thread MB are on a sticky wicket, and hoping to get a quick sbatch and hope it all goes away once they get the car.


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Thanks for reply, feel less stressed now.

Im hoping my thread will also help others in some way going forward in the future.

 

 

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instruct...I do that to my dog.. will it sit.

 

the vehicle is subject to a suspended return of goods order and regardless to the agreement being terminated (how many times is that? now) the only people that can snatch the car are court bailiffs, MB will have to return to court to instruct them.

 

As you have paid more than 1/3rd under the agreement, terminated or not, they are protected goods under the consumer credit act so a repo guy taking the vehicle without your written consent (which ofcouse you will not give) in my mind endangers their whole situation regarding them voiding the agreement under the act, giving you the power to demand certain redress as earlier posted.

 

this whole story is very complex and difficult to unravel 

the bottom line is they appear to have originally defaulted and terminated on the back of an invalid DN (contained £18 DN fee in its total)

 

im wondering if it might be worthy to write to MB pointing these things out and CC the powerless repo agent or let things run, as it appears the repo guys have to contact you 1st if they do do anything...and ofcourse have already been cancelled once by MB regarding this situation so should be well aware of the complications of the whole case.

 

just musings

 

dx

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

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So Its Inevitable the appointed agents for MB will come knocking (judging by other posts, I am of the opinion there wont be prior contact to the attendance) so when this situation does arise I don’t want to be caught off guard! 
Any suggestions as to what I do and don’t do as well as what to say or not say? The obvious one being not allow them to take the vehicle! 
 

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so you've not read my above?

 

if they do..simply tell them to go do one, they have zero legal powers as already explained above.

to be fair to them

I doubt very much they know its subject to a suspended return of goods order etc etc and will run a mile

not kept on the public road is it.


please don't hit Quote...just type we know what we said earlier..

 

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No I did read your post and understand they have no powers etc, but to be honest Im just dreading their arrival  its not something Ive dealt with before so every knock turns my stomach at the minute. I also have the same opinion they wont have been given the whole truth when appointed, as MB did incorrectly inform the previous agents and twisted the truth, although they were eventually cancelled. 

 

So it will be ok for me to inform them of the court order?

 

The vehicle will be back on a drive with gates tomorrow, it is unfortunately parked on road tonight though as I had a delivery of sand yesterday and its getting moved tomorrow.

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to be frank I doubt even MB realise what they have done.

that's a std mailmerge letter seen here before doesn't even ack the fact of the suspended ROG/CO

 

if you read the court judgement

neither does it say they are allowed to repo either!

nothing about the failure of the CO

 

 

 

 

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please don't hit Quote...just type we know what we said earlier..

 

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Well events have taken place, I have just been blocked in by two guys from Anglia recovery.

I informed them the vehicle was subjected to a court order, suspended judgement and they informed me they had a warrant, (these people have no scrupples).

 

I asked to see the warrant and he produced paperwork, this included, their instructions to attend plus a copy of the court oder.

I asked him were they court appointed bailiffs, they replied if the paperwork had reference to a section 62, they would just take the vehicle no questions asked! but as its not they will go back to MB and get them to fast track the court action along with a section 62 and if needs be attend back with court bailiffs. Im still shaking now!! 

 

Obviously MB in my opinion are well aware of their failures and will stop at nothing to pull a fast one. 

So my question is simply, what happens now?

 

If they enforce the judgement doesnt that automatically allow the court bailiffs to attend or am I contacted and a date is given to surrender the vehicle by which time I can hopefully stop enforcement and attend a hearing?

 

Do you think Anglia will re-attend without further action being implemented, that being obtaining enforcement on the judgement.

 

 

 

 

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well done 

see they can be fronted away.

 

bit busy today but i'll pop in later.

 

I believe yes there would be a hearing.

 

 

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please don't hit Quote...just type we know what we said earlier..

 

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My consent order states 
Money claim adjourned generally with liberty to restore

 

I’ve been reading up a little bit on court terminology used at hearings and placed on court documents (namely the consent order terms written by MB). I want to be able to understand things a bit better as It can all be daunting. 


I came across;
Adjourned generally with liberty to restore - This order is made where the judge makes no final decision about the claim.

 

However, unlike a normal adjournment, the case is not automatically listed for another hearing.

Instead, the case is held in suspension unless either party to the claim asks for it to be re-listed - or restored - for another hearing.

 

The word "liberty" in this phrase is considered to be old-fashioned and, in the spirit of making the law easier to understand, the word permission is often used instead. Many judges will now add the stipulation that the claim will be struck out or dismissed if neither party asks for it to be restored within a set period - usually a year.

 

with the above in mind and the ongoing issue with MB could it be possible that they may have to start the court process all over again as the consent order was introduced back in 2017.

 

Could the judge by now have dimissed or struck out the original claim from MB due to the time period?

 

 

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no, but they would have to return to court enforce as said numerous times.

 

either you write as I indicated yesterday and complain 

or hold out till I finish my review of that comms log and put in a formal complaint about the whole issue.

 

 


please don't hit Quote...just type we know what we said earlier..

 

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I know you have already informed me they would have to attend court to enforce,  I wasnt suggesting anything else.

 

 I was only asking out of pure interest, plus to help me understand the process a bit better so maybe I wouldnt have to keep taking up your time so much, asking question after question.

 

No,  im more than happy to sit and wait for you to advise me, thanks 

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Dont forget the money claim and the return of goods order are two separate entities...if your Consent Order refers to the money claim only then thats what they have Liberty to restore...by way of an application with fee.

 

If the Return of Goods Order is suspended and is not part of the Consent Order...then that turns on its own actions and the notice of judgment wording that was issued at the time of suspension.So if it states that should you default on the agreed payments the claimant can  proceed to recover without notice or it may state otherwise that claimant must seek permission to enforce.

 

Check  your paperwork.

 

Andy 


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On 06/01/2020 at 09:12, Foolishly said:

they replied if the paperwork had reference to a section 62, they would just take the vehicle no questions asked! but as its not they will go back to MB

I wonder what that magic bit is that gives a totally powerless repo agent bailiff powers?

 

shame you didn't film them on your mobile!

dx

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

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Never thought about filming them, wish I had done now.

 

Dont agree with them pulling in front of me virtually bumper to bumper so I was unable to move obstructing my right of way, claiming he had a warrant, writ of control with him so they had a right to obstruct me, soon changed his tune! I was definately caught totally off guard.

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11 hours ago, Andyorch said:

Dont forget the money claim and the return of goods order are two separate entities...if your Consent Order refers to the money claim only then thats what they have Liberty to restore...by way of an application with fee.

 

If the Return of Goods Order is suspended and is not part of the Consent Order...then that turns on its own actions and the notice of judgment wording that was issued at the time of suspension.So if it states that should you default on the agreed payments the claimant can  proceed to recover without notice or it may state otherwise that claimant must seek permission to enforce.

 

Check  your paperwork.

 

Andy 

As far as I can see on the consent order (uploaded on post 27) there is no conditions allowing them to recover, doesnt seem to stipulate anything about not complying with the conditions of the consent order, it doesnt have anything I can see,  that failing to comply will the order will allow them to repossess.

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The Consent Order states that they are allowed to recover...but the order is suspended providing you comply fully with point 4 payments by dates.

 

I wasn't sure if the Consent Order also covered the Return of Goods Order...which it does along with the money claim.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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On 08/01/2020 at 23:56, dx100uk said:

I wonder what that magic bit is that gives a totally powerless repo agent bailiff powers?

dx

 

 

 

 

 

Section 62 is with regards to Enforcement by taking control of goods

 

(2)The power conferred by a writ or warrant of control to recover a sum of money, and any power conferred by a writ or warrant of possession or delivery to take control of goods and sell them to recover a sum of money, is exercisable only by using that procedure.

 

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

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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Anglia are not certified enforcement agents as far as I can see, which explains the following comment...and if needs be attend back with court bailiffs.

 

and even if he held a section 62, it doesnt magically make them a bailiff.

 

very interesting.

 

dx

 

 

 

 

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please don't hit Quote...just type we know what we said earlier..

 

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Its been over two weeks since my encounter with Anglia as instructed by MB to pay me a visit.

 

Since that day (6th Jan) I havent heard a peep from MB, no letters, calls, texts or emails.

 

So much for the Anglia representative telling me he'll get MB to fast track the court process.

 

Gets me thinking what have they been deciding on or planning!! 

 

Can I request a second SAR from them to follow on from the previous one received so its an up to date version?

 

I would see what was going on then.

 

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Noted you are not forgotten

 

Dx

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please don't hit Quote...just type we know what we said earlier..

 

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Well things have escalated right now,

 

im sat in my vehicle as im typing, freezing cold, in front of me is a recovery vehicle from Anglia again,

they have clamped the car and are telling me they are taking the car.

 

I have called the police who tell me its a civil matter and they cant attend.

They have no court bailiff with them and I have nothing from the court.

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Moneybarn have informed me that they will be recovering the vehicle today regardless and claim they are legally allowed to do so under the consent order.

 

Do I give the vehicle up?

 

Nope im staying put! 

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not court bailiffs with a section 62

and they have no authority to clamp the car either

they are NOT COURT BAILIFFS.

 

Section 62 is with regards to Enforcement by taking control of goods

 

(2)The power conferred by a writ or warrant of control to recover a sum of money, and any power conferred by a writ or warrant of possession or delivery to take control of goods and sell them to recover a sum of money, is exercisable only by using that procedure.

 

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


please don't hit Quote...just type we know what we said earlier..

 

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