Moneybarn - faulty car, rejected, Return of goods order, car clamped illegally?? and repo just today - help

[dx100uk]

1stly you should have come here months ago!!

 

if you alerted moneybarn to the fact the car was unfit for purpose within 30 days (1st date please) and the tech MB sent latterly confirmed this (date pleae) then MB or you should have cancelled the finance and allowed the car to be taken. not your problem now, not your car it belongs to the finance company. 

 

cant really understand how this got as far as a suspended return of goods order, there was no need for this.

 

MB cant just come and repo the car from your private drive? nor use the ROGO to do so from your drive

a guy with a flatbed is NOT A BAILIFF and has zero legal powers at all, he most certainly CANNOT operate upon ANY orders by the court nor the judge (as those would be a bailiff company sent by the court with notice given to you FIRST). 

 

the only way  a powerless flatbedder can take the car is if its on a public highway. so where was the car?

 

however this is all a bit immaterial. you dont want the car, the car was not fit for purpose , and its for MB and the finance company to sort out.

 

so clarify a few things and we'll move you fwd.

 

dx

[dx100uk]

no such things as wear and tear after only 4 days of ownership.

 

useful point MB said he could not afford the car in their opinion.

 

WHO CLAMPED THE VEHICLE AND WHEN PLEASE - clamping was made illegal by private companies in 2012!!

 

who is your landlord, the council or a private housing authority?

[dx100uk]

Equivo?? can you give me their address please

 

unless they were appointed by the COURT and had a COURT ENFORCEMENT LETTER ...they cannot clamp you. they cant repo the car. sorry you've been had here on several levels by MB.

 

you need to ring the court (dont tell them what has actually happened ...yet)

ask them if they have authorised a bailiff to repossess the car yet?

when they say no, tell them the claimant of the ROGO this morning illegally clamped your car and has latterly flatbedded it away.

see what they say...then comeback here and tell us please.

 

bottom line is you dont want the car anyway.

you dont want to have to pay for it.

it was not fit for purpose

you want you paid sums back too.

 

 

 

 

do it QUICK they CLOSE AT 4pm!!

[dx100uk]

great you've WON!!

 

they have taken the car without legal authority and might have now voided the consumer credit act you and they signed up to regardless of the ROGO.

 

you might be entitled to the car back, or equivalent current monetary value and all your payments ever made.

 

[dx100uk]

though i think it's bottom line immaterial

can i just check something.

 

what date was the agreement signed?

how many ACTUAL payments have been made?

does this equal more than 1/3 of the original agreement sum...?

 

you could if you wish scan the FULL agreement upto one multipage PDF please

read our upload guide carefully 

remove your name and address and the vehicle reg/vin etc and the agreement numbers 

please leave IN all dates figure £'s etc.

 

dx

 

 

[dx100uk]

read upload

there are guides for ipad.

officelens i think.

 

dx

 

[dx100uk]

ok i'll have to do a bit research as the car will not have been protected goods under the agreement

but i'm pretty sure ignoring the orders of a judge and illegally clamping a vehicle far outweighs that issue....

moneybarn screw up again.

 

[dx100uk]

once you have paid more than 1/3rd of the cost of the car via an agreement under the consumer credit act, the creditor cannot just snatch the car.

it becomes protected goods (should be on the agreement...read it!)

 

however this is what puzzles me.. why did MB got to court to get the ROGO?

and then snatch it 

 

they could have done that regardless to the ROGO , because that effectively is what they have done.

 

moneybarn having a ROGO does NOT allow them to use some bod with a flatbed of their own choosing to snatch a car. it gives then NO MORE POWERS. neither does ANYTHING allow clamping.

 

only a court assign BAILIFF can do those things.

 

this is a really weird case from day one on many many fronts.

 

dx

 

 

 

 

[dx100uk]

Shoosmiths and Chartsbridge launch ‘Equivo’ – creating an end-to-end recoveries solution

WWW.SHOOSMITHS.CO.UK

---

Leading UK law firm Shoosmiths LLP and national collections, recoveries and enforcement business, Chartsbridge, have today launched ‘Equivo’, a new...

 

so the biggest fleecers out there shoosmiths in sheeps clothing

[dx100uk]

i was merging it...

 

yea certainly not paid the 1/3rd.

 

i suppose your next action is to inform the court that you wish the judge to know the following facts (and how you do that)

 

moneybarn using EQUIVO of (address) at date/time clamped the vehicle in question, latterly the vehicle was also transported away. this we were told was under the return of goods order, but have ignored the orders of the judge on date xxx giving xxx days.

 

i believe it is illegal for moneybarn to do this, the repo guy was not authorised by the court and was not operating under court bailiff orders, but merely as a local powerless guy with a flatbed. i also believe clamping by a private company not operating as court bailiffs was outlawed in 2012.

 

i do not want the car, it was not fit for purpose and was reported as such from day one to moneybarn within the time limits set by my consumer rights,

 

i believe the above actions are not only are against a judges order, but also now void the consumer credit act i signed with moneybarn.

 

under said act, i wish consummate market £value of the car returned to me and all my payments returned and the complete record of the agreement removed from all 3 credit reference agencies.

 

 

 

 

[dx100uk]

why not ring the court again and ask what email to use?

explaining that moneybarn have broken the judges order and you wish to report it for the judges eyes.

 

i'd leave the fleecers out of this let them sweat. till you get a response.

 

what about the FOS, where do things stand after last contact and when was that...i forget?

 

 

[dx100uk]

FOS are not biased. 

i would simply email the same as what i suggested with the court  .

have you not got a phone contact at the FOS? even with the previous complaint?

i though i'd read you'd got the FOS to re-open your original one?

 

 

 

 

 

[dx100uk]

when you get time 

scan to PDF the adjudicators initial rejection. please remove your details.

read our upload guide <<clickit<<

 

have you a copy of the judges order outlining the frames?

 

 

[dx100uk]

just cross t's here 

the guy didnt have a flatbed but threatened one if you didn't hand the keys over to drive it away. that you sadly did.

now MB could argue this was thus voluntary.

 

a little reword is needed to the court letter.

 

sadly as i said before you got had blind.

i would also guess another lie was that using a flatbed would add additional costs or what was said.

shame you didnt film this with a phone.....

 

dx

 

 

 

[dx100uk]

16 minutes ago, Bambi97x said:

he said he’d come back with a flatbed yes. moneybarn said on the phone they’d charge us for that and if the agents had to come back

urm be nice to see that. private link to it being uploaded somewhere ?? by PM only please.

 

it might also be an idea to send enviro an sar asking for all data held concerning mr&mrs xxx at adress xxxx AND any body camera footage of mr xxxx concerning said attendance at (address) that they hold back to (whatever date from 1st visit on xxxx on date time.)

 

i would also send MB an SAR asking for all data and any phone calls back to date of opening agreement.

 

the court order clearly states MB have the power to authorise via an agent to repo the car, however they have jumped early.

so the info to the judge needs work.

 

without playing forum scrabble, you have now got a report now from Matford Jaguar...??

 

 

[dx100uk]

i have taken away the pic, its not of any importance.

 

we too have backdoor expert advice

from a read of you thread...this is their thoughts...

 

to dx:

Very tricky one this

They have come far too late and fighting the wrong issue 

Car should have been dumped at the dealership in the first place 

 

They have used it 3 years, must have passed mots, driving it with young kids in the car (unroadworthy??)

what mileage have they done themselves?

 

You would need an independent engineer report court cpr compliant plus a WS from him (thats going to cost best part of 1 k)

someone at a local garage isn’t going to cut it and after 3 years I don’t think it’s going to help much

 

MB have had them blind I’m afraid 

 

Should have gone for a Time Order

 

3 years and not reached 1/3?

not looking good for them.....

 

Will give further thought 

 

ZZ

 

...

 

i would p'haps not be writing to mb, but simply inform the court of this latest progression.

 

more soon:

to DX:

 

Can you ask for the details of the original complaint to the FOS and the FOS reply

Also the details of their latest complaints to the FOS 

Also how many miles they have done since purchase 

 

Even if they applied to the court for the car to be returned to them pending an independent inspection 

I cannot see that they will be able to put together a feasible case that would stand scrutiny in court

 

ZZ...

 

 

 

 

 

[dx100uk]

please remember not to use/put your names. text and pdf's edited

[dx100uk]

for the minute you simply inform the judge what happened the other day.

 

if by remote chance it does goto court and you do win, part of your claim will also be every penny you have spent on repairs on the car.

it is NOT YOUR CAR, you were NOT responsible for any cost of repairs outside those deemed wear and tear or std daily maintenance costs.

 

SO many people fork out £1000's for repairs on cars subject to finance that they dont even OWN ...WHY

 

you have only done 30k miles because you HAD to use the car.

had it been returned under your consumer rights , as it should have, you'd have done none.

 

 

i am wondering if MB might bite at a time order??

 

i'll let my background experts comment before i reply further

 

 

 

 

[dx100uk]

from our expert spy....

 

Just read the FOS reply

Problem is the OP didn’t follow up within the required time 

 

sadly banging on about the vehicle rejection 3 years later is going nowhere, in all truth No independent engineer would comment on the original condition 3 years later

 

They had the opportunity rather than contesting the ROGO to apply for a TO , but of course was never made aware.

 

An Application to the court for a TO even at this late stage may just be accepted if they offer to clear over the remaining 2 years 

It would be in everyone’s best interest if they can afford it .

 

..................

 

so thats where you stand.

get a Time Order done. that will kill the ROGO too.

offer to pay the outstanding balance in 2yrs? (till the end of the signed agreement 59mts?)

 

let the FOS run, help then all you can.

then you may get monies (compo) knocked off the outstanding if they side with you.

 

 

 

[dx100uk]

I would get things stable 

 

Let the FOS deal with the whole right to reject issue etc 

 

I know it's not exactly what you want, but it will put MB in their box, make things stable, and then give concentration on all the outstanding issues and get them dealt with properly and with the right info 

 

Dx

[dx100uk]

how did this turn out?

 

dx

[dx100uk]

you dont need one, unnecessary expense.

 

you can do this yourself with our help.

 

numerous similar cases here already.

 

dx

 

[dx100uk]

p'haps @BankFodder or @theoldrouge will pop in sometime and give an overview

 

at present im a bit tied up.

 

dx