mobile money have taken my car over a £1800 loan from 2010 - help!

[steph4566]

i need some advice

 

mobile money sent a man from a compny called bps

 

he said he had come to collect the car as i owed them money,

 

i have no advanced warning from them that they were coming,

 

i did not know i owed them anything as i paid them £2900.00 over 12 months ago

because that is what i was told was the balance outstanding,

 

i ask the man yesterday to see the documentation

he said i could not hold it he was so quick at turning the pages

& because i was so upset i did not really read it properly,

 

like an idiot i let him take the car with out a struggle,

but the worse thing is

 

i left al my cd,s, sat nav, my kids ds, in the car

can i get these back

please help:sad:

just to add could someone tell me what the bill of sale is,

and now they have taken my car what can i do.

Edited May 29, 2011 by steph4566

[postggj]

how much did he say was outstanding

[steph4566]

he did,nt just quickly showed me the paper work and it had £1800. on it

[steph4566]

I am concerned about the stuff inthe car but i am more worried what will they do next, because it is bank holiday i cannot do anything until tuesday,

will i have to pay the outstanding balance before the will let me have the car back

[dcahelp]

I was wondering what your main concerns are as you raise a few,

 

You asked about the behaviour of the repo guy himself

You advised that they said you owed about £1800 but would not let you scrutinize the paperwork

You also say about the personal effects that were left in the car.

 

So, lets begin.....

 

The behaviour of the repo guy, is nothing new, if you have a read around you will see it seems they all read the same book on how to bully people.... I would complain to BPS and MM, the guy from BPS should have given you a vehicle condition form, basically it says what condition the car was in, if anything was left in the car and what paperwork you gave him in relation to the car, ie service logs, tax disc still in car, etc etc, again I would complain at the start, DO IT IN WRITING.. otherwise they could say somehting one day and something different the next, and you wouldnt have any proof.

 

Again, complain and request firmly to see the paperwork and a breakdown of how they got to their figure, also ask to see the bill of sale, as from reading other threads, this should be registered within 7 days to be valid.

 

The personal effects in the vehicle............broken record time, COMPLAIN IN WRITING.....tell them you want access to the vehicle to obtain your personal effects from the vehicle.

 

BASICALLY start in writing to complaing to MM and BPS, BPS regardig the attitude and behaviour of their rep, and MM regarding the vehicle itself.

 

This is just a start, if your read another thread on here regarding mobile money, the OP won and managed to keep his car just by being firm with MM. Your circumstances are different but still it can be done.

[dx100uk]

twothreads merged to here

and thread tidied

 

if you have the BOS

scan it up in pdf and attach it via go advanced

but BLANKOUT all pers info

 

dx

[dcahelp]

thnx dx,

 

hopefully less confusion for op now...

[dcahelp]

sorry, missed on of your questions...

 

A bill of sale is basically a piece of paper saying that you have given the right of ownership to mm, pending the full and final payment due on the loan. This needs to be registered with the high court within seven days and, if it has been it will be stamped and dated by the high court, which is why we need you to check your paperwork, and also request a copy of it from mm.

 

Hope this new tidier thread helps alleviate the confusion for you a little

[steph4566]

i have no paper work from mm as i thought i had paid it all off in 2010, what i need to know does anyone know what there next steps will be and will i have to pay them to get my car back

[dcahelp]

ok you shouldnt lose sleep, mainly because they have your car and the worst they can do is done. However if you dont have a copy of the paperwork, ask for it from MM. They have to provide it. We cant really advise any further than that until we know exactly what MM are saying. At the moment all we have is that they VERBALLY say you owe them £1800, you gathered this also from a piece of documentation that you werent allowed to properly read.

 

Worst case, and I mean WORST case is that MM will auction the car, however you need to enter a dispute with them, if there is a dispute over ownership they wont be able to sell the car? Do you still have the log book btw? My understanding is that they keep the V5 until loan is paid, then give it back at the end. Did they give it back to you?

 

Until we know the specifics we cant really say what you need to do. First thing tuesday, Email or turn up at your local branch and find out exactly what they are on about. When we know that, we can help so much more.

 

It does seem strange however that they turn up nearly a year after the fact for the car, that I will concede. But still we need to know.

 

DX would you agree so far?

[postggj]

it is nothing to do with the log book ime afraid, its just a marketing term

 

the goods are secured by a bill of sale

[dcahelp]

hmmmm, ok so its very neccessary for the op to get that bill of sale then!!! post, would you agree with the rest of the suggestions so far, regarding the first thing to do being contacting MM?

[steph4566]

may thanks for all your help, your advice has been most helpful

[dcahelp]

how did you get on with mm? have you contacted them? what response (if any) did you get?

[steph4566]

yes i did contact them and they have given me until the 11.6.11 to come up with payment or the car goes to auction, i have requested a copy of the bill of sale, but what will happen if i do not receive it time, is there anyway i can stop the car going to auction

[dcahelp]

i think there is a court form, cant remember what it is called off the top of my head, ( i will have a root around) it will allow you time to get yourself to a point where you can argue your corner. As it will be a court order, MM CANNOT sell your car. But you have to initiate it and you will be charged a fee by the court, unless you get certain benefits, court will be able to advise better on that point.

 

Did they give an explanation as to the outstanding debt? Namely why its taken so long for one and for two how they arrived at their balance?

[steph4566]

they gave me no explanation, only to say the had sent me letters but i have never received them, i e-mailed tem today and thy claim that they sent me copies of the statements, with the payments made and payments paid out also the bill of sale these were apparently sent tuesday but i still hav not received them, can they delay these docs until the deadline date them go ahead and sellmy car

[dcahelp]

hmmm, they cant delibratly (sp) withhold information, but it is just friday.... and I mean just, its half twelve... So ( especially if they are very local) see if it arrives today, otherwise ask if you can pick it all up personally.

 

not found that form yet ( got called into work), will have a look while im online now..... Do any of the site guys have an idea what and where the form i mean is.... i think its called a time order, but that might just be ne being tired....

[dcahelp]

found it, its an N440, NOTICE OF APPLICATION FOR TIME ORDER BY DEBTOR OR HIRER. I really could not tell you how much this would cost to file with the court, but see if this helps, Wannabe would you agree to this... this is more your area...

[steph4566]

hi it is saturday 4/6/11 i have just received the copy of the bill of sale from mm and i am really confused it is dated 4/12/10 and on separate there is a high court stamp dated 9/12/10, but i have not signed anything, and the original loan was taken out in aug 07, can anyone give me some advice

[steph4566]

also can you tell me where i can get this form from many thanks

[steph4566]

could you let me know where i can get the form to stop the auction many thanks for everyones help

[dcahelp]

hi,

 

sorry not been about have been very busy today, ok the form I found on the court sercvice web page, under forms and leaflets.... hmcs.gov.uk...... on your drop down menu's you need to select, forms and leaflets, then county court, it will give the option then to find the specific form you are looking for. When it loads into the search box, it will go purple, click on it and will load the form in pdf format.

 

The loan, you say you didnt sign for, yet your original conern was that you had a loan in 2010, forgive my ignorance, you may previoulsy have mentioned, but that is a difference of three years, did you refinance the loan with them after that time in 2007?

 

The bill of sale on the face of it seems accurate (ish) in the fact that it stamped within the allowed time frame. Can you scan it onto the forum, removing any personal details re yourself.

[steph4566]

no i didn,t re-finance but because i could not afford to pay of the loan after 6 months i had to keep extending it, but what i was trying to say is that in 2007 was when i took the original loan out should there not be a bill of sale for that, if so do mm have to renew it every year because the one i received today date dec 2010 was the first time i have seen one. i am really sorry for my ignorance

[dcahelp]

thanks for that, ohhhhhhhhkay then, yes i think your right in that there should have been a bill of sale from 2007, I think you need to be getting ALL the paperwork from MM, you may need to send an sar, (subject access request) they have 40 days to send it all, so you need to be sorting that time order too...(jus in case)

 

DX, do you have any other "useful" suggestions for this op?