Moneybarn - Return of Goods Order Suspended By Consent Order

[dx100uk]

well apart from lying to you to avoid you attending court and possibly objecting to the return of goods order

I cant see anything wrong sadly.

 

so you signed a tomlin order to suspend the return of goods order as long as you make the required payments?

court costs are allowed [though if £408 are is correct I have no idea]

 

there are a few unlawful penalty charges there but they are the least of your worries.

 

as usual for moneybarn, they either haven't a clue what they are doing

don't understand rules

or

make them up as they go along.

 

 

[dx100uk]

no they cant just take the car

they would have to return to court and get court bailiffs to enforce the ROG.

 

are their statements complete, i'e they show how each month the balance is made and what you have to pay/

I hope they aren't adding extra charges each month too?

they can ONLY demand what the COURT agreed with on the signed tomlin

 

it was a tomlin order yes?

 

 

 

[dx100uk]

that's mortgages and repossession of homes where they cant inc the arrears/charges.

 

pers i'd just for the moment keep paying

get an sar running to them.

 

do you have a copy of the tomlin you signed?

that ALL you have to pay and when .

as the court agreed it.

 

 

 

 

 

 

 

[dx100uk]

a default notice must specify a DATE not 14 days

 

who's this from

and whats the debt all about.

 

 

[dx100uk]

threads merged.

 

just pay what is stated and agreed in the tomlin.

pers I wouldn't worry about the finer points.

 

if you have any penalty charges 

get them taken off the bal. [£18 etc]

[dx100uk]

normal practice 

the consent order trumps the agreement

and the court fees are sadly legit too.

 

[dx100uk]

scan up the default notice to PDF 

read upload

[dx100uk]

they do it to everyone.

 

have you looked at your credit file?

 

adding any default notice fee - £18 to the figure quoted on the DN invalidates it .

 

 

 

[dx100uk]

On 30/10/2019 at 14:44, dx100uk said:

Adding any default notice fee - £18 to the figure quoted on the DN invalidates it .

 

terminated on the back of an invalid DN 

even if there is one .....voids the agreement.

 

you should get back all you payments and a monetary value of the car today.

 

all in the rules of the consumer credit act.

 

[dx100uk]

I would for the minute continue.

get an SAR running to them.

 

[dx100uk]

already explained in post 4

[dx100uk]

just to make it perfectly clear as you keep mentioning them and the explanation is not sinking in as above you have lumped them in with bailiffs...

 

recovery agents with a flatbed or WHY

IS NOT AND NEVER CAN BE A BAILIFF 

recovery agents won't and will NEVER be instructed by a court to operate upon their behalf

recovery agents have absolutely zero legal powers to take any car at anytime without your consent which you do not ever have to give.

the only time a recovery agent might grab a car is if it is left on a public road but in YOUR case they can't its subject to suspended return of goods order covered by consent order. that would result in a court bailiff being appointed should you fail the meet the consent order, but again you would be notified first. even then bailiff cant just rockup in this instance and take your car.

 

now it would help you and another posters that came here at 2am if you could scan up your consent order and the court ROG too please

[dx100uk]

no as already explained ..

they would have to return to court and request enforcement by COURT BAILLIFFS if you broke the consent order you signed to suspend the delivery of goods judgement.

 

but ofcourse we now know,

the default notice they used to terminate the agreement [that you never saw] was invalid

- it included an £18 fee for its issuance - that is against sec 87 CCA rules,

 

it also looks like they

-terminated within the 14 calendar days they must give to allow you rectify whatever they claim you need to pay on the DN, - again against sec 87 CCA rules.

 

at present you are awaiting anymore evidence of any more bullet holds in their feet to complete the picture - via an sar.

 

the consent order was for £14,140.48, they cant add anything more, they cant add any charges for anything more

 

i would use an excel spreadsheet and its calendar mode.

insert a date column listing the 16th of each month from 16/5/17 for 54 months.

then insert the required payment for each month from the court judgement list

then insert your payments on the dates you made them.

 

that way you can check if they are correct and there ARE arrears, if that is true, then you have an increased risk of line 2 of this post.

 

however as moneybarn make up their own rules

and i doubt are stupid enough to return to court as i suspect they know their DN/termination was unlawful

will keep quiet.

 

...

 

i must say and more to warn future readers - never ever blindly agree to a consent order or a voluntary surrender go for a voluntary termination if you don't want the car or a time order if you do.

DONT fall for the kind of rubbish moneybarn write regarding costs etc don't get had blind. 

 

 

 

[dx100uk]

Well until we get the proof of the DN Data

[dx100uk]

pers i'd let this run

moneybarn must return to court to restore the ROG and you'll be informed if they do.

then the fun begins

[dx100uk]

scan up the letters

the comms log

the statements

 

to 3 sep multipage PDFS

 

dx

 

[dx100uk]

opps looks like DN is defective and void

 

statements too please also I pager is missing?

 

comms log??

I must be able to READ IT!!

 

sorry everypage of the comms log and so I can read it.

if you want ....forget redacting ...just copy it to me via a secure email ad I can give or PM it to me.

 

if we are going in for the kill and potentially getting you £8332 + ether the car or monetary value back too , lets do it properly.

 

dx

 

[dx100uk]

scan at a low resolution...

150dpi or less

a page of A4 text shouldn't be anything more than 50kb most not 1.5Mb each page.

have a break for now 

i'm awaiting an answer from someone about this anyway. 

 

it might be the tomlin trumps the agreement anyway.

 

[dx100uk]

question needs answering - do you want to keep the car?

one option might be VT here whereby all you'll pay is upto 50% mark but ofcourse you'll have to hand it back.

just musing for the minute.

 

need that comms log

unredated to my PM is ok

I can redact easy.

 

[dx100uk]

you would negotiate vt and wipe everything else out.

no you wouldn't get anything back.

 

scan the agreement up sometime too. we don't know why its a conditional sale agreement, there could be a clause you have not met.

but then again, neither have they abided by it re the DN!! and unlawful termination

 

i'm not 100% sure you've physically met the 50% mark which will be on the back of the agreement.

 

 

[dx100uk]

all docs are now in above post

the comms log is very interesting indeed

needs further sifting thru

but its shows how MB totally forget VT when offering options upon what the customer can do.

which if the only complaint to be made to whomever needs doing.

 

 

 

more later 

 

 

dx

[dx100uk]

can I have by PM pages 9-11

the file you sent under that label was a rpt of 12-14.

 

dx

 

[dx100uk]

haven't forgotten this

was working on it last night.

 

dx

 

[dx100uk]

the info is a goldmine and not only useful to you.

it's really appalling how they have treated customers and some of the disclosures in you comms log reveal what we've known all along...it's obviously hysterick at moneybarn.

[dx100uk]

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