Hi all,

I am looking for advice? This is lengthy so please be patient with me...

I took out HP with Moneybarn in March 2013.

I have always maintained my payments of approx £500 a month

earlier i suffered a breakdown and as a result had to leave work.

I am still unwell and are currently claiming benefit and have always kept Moneybarn up to date with my situation.

They terminated my contract in April and was told that a local Solicitor would be in touch regarding returning the vehicle.

I have limited use of the vehicle and it is not accruing major miles BUT it is essential for when i need to use it as I live in a remote area.

I received a letter from the Solicitors they appointed mid June saying that I had 5 DAYS to voluntarily give up the vehicle

or they would proceed with court action to repossess.

I wrote to the Solictor on advice explaining my situation and the extreme stress and depression I am suffering

and asked that they cease any action for the next 2 months so that I can try and get another 2nd hand car to replace.

The thought of having people turn up at my door to take away my car is too much to bear in my current situation

and I was hoping they would consider my genuine and comprehensive explanation.

It has been 2 weeks since they advised that they would contact Moneybarn with my request

I heard back this morning and the reply stated coldly that 'while the car is in my possession it is decreasing in value

and they urge me to return the voluntarily upload of the vehicle within 3 days of the e mail or they will seek a court order.

I just can't cope with this.

All I asked for is time to get my head sorted and get another cheap car to replace.

I only need 4 weeks as I have decided to relocate to be closer to family due to my illness.

Im contemplating contacting Moneybarn directly at a higher level or asking the Solicitor to ask them for 4 week.

Alternatively, what else can I do just to stall them for the time being

how much have you paid

how far are you into the agreement more thab 1/3rd?

can you scan up the agreement and the bill of sale if you have it

follow the upload guide.

if you've paid less than 1/3rd they can come and take the vehicle regardless

unless its on private land

over 1/3rd they'll need a court order.

what you should be doing is requesting voluntart TERMINATION

[you'll have to pay upto the 50% level mid]

or

a time order or a tomlin order.

DO NOT LET THEM GET YOU ON A VOLUNTARY SURRENDER agreement.

I've moved you to the moneybarn forum

LOTS of similar threads to read here

dx

Hi There d,

Thank you for your reply.

I am over a 3rd in to the agreement.

What documents are you requesting exactly? The letter asking for the voluntary surrender or the actual moneybarn agreement? I Cannot find my initial agreement but have my last statement and the termination letter they sent?

you NEED that agreement and pronto find it.

if you've paid more thaan 1/3rd they'll need a court order for the return of goods

DONT give up the vehicle to anyone until they have it

that will take WEEKS to get.

do NOT voluntary surrender whatever you do!!

go find the bill of sale too.

dx

I have searched everywhere I can think of and cannot find teh original agreement anywhere.

I have the original 'Vehicle Order Agreement' from the dealership.

Where can I get a copy of my agreement? Can I get a copy from Moneybarn?

The agreement I have is a 'Regulated Conditional Sale' Taken out March 13 for 48 Months.

Send them a CCA request

DX

 

The agreement I have is a 'Regulated Conditional Sale' Taken out March 13 for 48 Months.

do you have the paper copy of this?

if so scan it up upload

dx

You obviously have paid more than one third

DO Not surrender the vehicle

You need to look urgently at time orders

You will be given the opportunity within the court papers

You won't be able to VT as they have terminated

Busy now back later

Read National Debtline Fact Sheet 06C

On mobile so hope the link works, explains everything you need to know

https://www.nationaldebtline.org/EW/factsheets/Pages/06C%20EW%20Time%20order%20-%20hire%20purchase%20or%20conditional%20sale/Page-02.aspx

Hi dx,

I only have a statement of account available. I have written to them asking for a copy of my agreement.

Sorry for the delay in responding but had family issues over weekend.

I may be paranoid but there was a guy in a short & tie in a car parked outside my house with the engine running and looked like he was either looking at my car or the house it's parked in front of. I HOPE im just being paranoid. He didn't hide his presence!

The letter draft you sent me the link to, should I send that additionally to the request I have already sent? this was a letter I generated myself and not a regulation letter. If I am writing directly to Moneybarn, Am i still using the same regulations, Section 77, 78 and 79 of the Consumer Credit act 1974?

Hi there,

i cannot open the link you have pasted.

You will need to send the CCA request under s79 HP/Conditional Sale very little difference

Google national Debtline Fact Sheet 06C

This is the relevant detail you will need from their fact Sheet.......

How to apply for a time order during court action

You can apply for a time order if your creditor has started court action to recover hire-purchase or conditional-sale goods.

When a creditor goes to court for a ‘return of goods order’, you can ask for this to be suspended on the condition that you pay a fixed amount per month. This will usually be to pay the normal monthly instalment, plus an amount to clear the arrears. If the court agrees to your request, the effect will be the same as if they had made a time order.

Filling in the form

Fill in the ‘admission’ form N9C, which comes with the claim form. In Part B, make your offer of payment at a rate that you can afford, where it states: ‘I offer to pay by instalments of £______’. You need to make a reasonable offer, if your request for a suspended order is going to succeed.

The witness statement

You should include a ‘witness statement’ with your N9C. You may find the Sample witness statement later on in this fact sheet helpful. The witness statement should include:

a request that the court makes a suspended return order under section 135 of the Consumer Credit Act 1974, or alternatively a time order under section 129 of the Consumer Credit Act 1974, and freezes interest and charges under section 136 of the Consumer Credit Act 1974;

your offer of payment from Part B;

a copy of your budget;

a statement of your personal circumstances;

an explanation of why you got behind with payments; and

any information that will help to explain why it is right for the court to agree to your request.

Send the completed form, your witness statement and any supporting paperwork to the court within 14 days.

If the court agrees then you will get either:

a return order that is not enforceable, as long as you pay off the instalments set by the court; or

a time order.

Still on mobile so unable to post link

Hi all,

sorry not been on for a while.

Received papers from Solicitors representing Moneybarn stating that I have 21 days from 31st July to either get a time order or they will take the car. If I do not get a time order, what is the time frame from the 31st July to when they will collect the car?

They enclosed a form 03 (application for time to pay direction or time order) Can I complete this with help from my CAB along with £90 court fee and take this to the court with? It states on the letter that I should instruct a lawyer???

so you did everything TOR advised in post 12?

dx

No, I haven't done anything yet. I had a family bereavment and haven't been at home for 2 weeks. Im about to go to the local CAB this afternoon as I only have until Friday to do anything.

follow the info in that post about filing in the time order

get it running

you don't need cab not a lawyer - its quite simple.

dx

The n9c form totally confused me... looked really complex. Is there anyway I can upload the form to make sure it's the correct one. Also I can upload the form that came with the citation

read post 12 it tell you there what to do.

and

https://www.nationaldebtline.org/EW/factsheets/Pages/06C%20EW%20Time%20order%20-%20hire%20purchase%20or%20conditional%20sale/Default.aspx

Sorry, Im sooo confused. The link you sent opens up a totally different form. Im really getting stressed about this as there is so many different forms!

I just want to get it sorted in the easiest way possible. You stated an N9C form but the link opened up a N1 form?

no its opens factsheet 06c

which is the info upon how to fill in the N9C which is the form you have in front of you?

dx

if you follow the upload guide

and scan to PDF the form you have

let see it.

you say citation? are you in Scotland then?

dx

Can I send you the form as I have 2.

I have a N9c form ( Claim form - 2 pages) and

a Admission (unspecified amount, non-money and return of goods claims) form?

which do I need?

Im not being thick here I promise

but the national debt line have been rubbish. I called them 2 weeks ago for advise and still have not heard back from them.

Yes Im in Scotland

so the claim has been raised in a Scottish court or English one?

as far as I am aware

the n9c is the same you use that

and follow post 12

and the link I posted to the ndl factsheet

Attachments below

A or b? lol

Do I have to take the completed form back to the same court that issued the citation?

Also do you know what the fee is?

Scottish Court